Loading...
HomeMy WebLinkAboutG21-07 Ordinance No.G21-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Capital Corporate Center—2451 Mason 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, 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 20,2006,made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before 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 NORTHEAST QUARTER OF SECTION 31,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A "MAG NAIL" AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00 DEGREES 42 MINUTES 09 SECONDS WEST ALONG AN ASSUMED BEARING, BEING THE EAST LINE OF SAID SECTION A DISTANCE OF 971.76 FEET TO A POINT ON THE EASTERLY EXTENSION ON THE NORTH LINE OF WESTFIELD BUSINESS PARK PLAT NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, rik 1989 AS DOCUMENT NUMBER 2012687; THENCE NORTH 89 DEGREES 58 • MINUTES 43 SECONDS WEST ALONG SAID EASTERLY EXTENSION 400.96 FEET TO THE NORTHEAST CORNER OF PROPERTY CONVEYED BY WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2005K019712, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 58 MINUTES 43 SECONDS WEST ALONG THE NORTH LINE OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2,A DISTANCE OF 2240.99 FEET TO THE NORTHWEST CORNER OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2, SAID POINT BEING ON THE WEST LINE OF SAID NORTHEAST QUARTER;THENCE NORTH 00 DEGREES 36 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE 985.61 FEET TO A "PK NAIL" AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER PER DOCUMENT NUMBER 94K009395; THENCE SOUTH 89 DEGREES 40 MINUTES 41 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 1635.21 FEET TO A POINT 1008.28 FEET WEST(AS MEASURED ALONG SAID NORTH LINE) OF THE AFOREMENTIONED NORTHEAST CORNER OF SAID NORTHEAST QUARTER, SAID POINT BEING ON THE WEST LINE OF THE NORTHWEST TOLLWAY (I-90) ACCORDING TO CIRCUIT COURT GENERAL NUMBER S6-1213 FILED MAY 27, 1957; THENCE SOUTH 00 DEGREES 20 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 23.27 FEET; THENCE SOUTH 67 DEGREES 10 MINUTES 51 SECONDS EAST 116.50 FEET ALONG THE LAST DESCRIBED LINE;THENCE SOUTH 47 DEGREES 45 MINUTES 51 SECONDS EAST ALONG THE LAST DESCRIBED LINE 118.24 FEET TO A POINT ON tow- THE WEST LINE OF ISTHA PARCEL N-4D-105 PER FINAL JUDGMENT RECORDED AS DOCUMENT NUMBER 2002K018471; THENCE SOUTH 31 DEGREES 22 MINUTES 12 SECONDS EAST ALONG THE LAST DESCRIBED LINE 251.01 FEET;THENCE SOUTH 22 DEGREES 47 MINUTES 59 SECONDS EAST ALONG THE LAST DESCRIBED LINE 358.42 FEET; THENCE SOUTH 26 DEGREES 20 MINUTES 32 SECONDS EAST ALONG THE LAST DESCRIBED LINE 295.72 FEET TO THE SOUTHWEST CORNER OF ISTHA PARCEL N-4D-105 PER SAID FINAL JUDGMENT; THENCE SOUTH 00 DEGREES 32 MINUTES 26 SECONDS WEST 19.53 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. ALSO, THAT PART OF MASON ROAD LYING NORTH AND EAST OF THE ABOVE DESCRIBED PROPERTY, IN KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District 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 —2— Chapter 19.60,Planned Developments.A PORI zoning district is most similar to,but l 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. 1. Land Use Regulations for Lot 3, as identified on the Preliminary Plat of Subdivision,prepared by Spaceco Inc.,and dated January 30,2006,with the latest revisions dated December 8, 2006: The "PORI Land Uses", as identified in Section E.5.A &B, below, shall be the only land uses allowed as a"permitted use"(SR)or as a "conditional use" (SR) on Lot 3 of this PORI district. 2. Land Use Regulations for Lots 1, 2, 4, and 5 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The "PORI Land Uses", as identified in section E.5.A & B, below, and the "AB Land Uses", as identified in section E.6.A&B, below, shall be the only land uses allowed as a"permitted use"(SR) or as a "conditional use" (SR) on Lots 1, 2, 4 and 5 of this PORI district. b. No Bracketed PORI Land Use(as hereafter defined) shall be located on Lot 2 where Bracketed AB Land Uses have been established on Lots 1 and 4 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. c. Similarly, no Bracketed PORI Land Use (as hereafter defined) shall —3— • be located on Lot 4 where Bracketed AB Land Uses have been established on Lots 2 and 5 unless otherwise approved by the City's zoning administrator or by the corporate authorities if the City of Elgin. 3. Land Use Regulations for Lots 6 and 7 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The "PORI Land Uses", as identified in section E.5.A & B, below, and the"AB Land Uses", as identified in section E.6.A&B,below, shall be the only land uses allowed as a"permitted use"(SR) or as a "conditional use" (SR) on Lots 6 and 7 of in this PORI district. b. No Bracketed PORI Land Use (as hereafter defined) shall be established on either Lot 6 or 7 when a Bracketed AB Land Use (as hereafter defined) has been established first on either lot. 4. Land Use Regulations for Lot 8 as identified on the Preliminary Plat of Subdivision, prepared by Spaceco, Inc., and dated January 30, 2006, with the latest revisions dated December 8, 2006: a. The "PORI Land Uses", as identified in Section E.5.A & B, below, elk and the "AB Land Uses", as identified in section E.6.A&B, below, shall be the only land uses allowed as a"permitted use"(SR) or as a "conditional use" (SR) on Lot 8 of this PORI district. 5. PORI Land Uses. The following "land uses" (SR) shall be the only land uses allowed as a"permitted use"(SR) or as a"conditional use"(SR)in this PORI district. A. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI zoning district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed PORI Land Uses": i. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. ii. Offices Division: "Offices" [SR] (UNCL). iii. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). —4— • Finance, insurance, and real estate (H), subject to the provision that uu+ there be no more than one banking institution in the subdivision. iv. Services Division: Advertising (731). Carpet and upholstery cleaning agents without plants on the premises (7217). 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). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply(7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Motion picture distribution and allied services (782). Motion picture production and allied services (781). 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). Outdoor advertising services (7312). Personnel supply services (736). [Photofinishing laboratories (7384)]. Physical Fitness Facilities (7999) Professional sports operators and promoters (7941). [Refrigerator and air-conditioning service and repair(7623).] rek -5- • S[Reupholsteryecurity systems and sery furniiture ces (7382).repair(764).] r C Tax return preparation services (7291). [Testing laboratories (8734).] Theatrical producers (792). Vocational schools (824). v. Retail Trade Division: Automatic merchandising machine operators (5962). Catalog and mail-order houses (5961). vi. Agricultural Division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Soil preparation services (071). vii. Construction Division: ["Contractor's office and equipment areas" [SR] (UNCL).] viii. Manufacturing Division: [Apparel and other finished products made from fabrics and similar materials (23).] [Computer and office equipment (357).] [Electronic and other electrical equipment and components (36).] [Fabricated metal products (34).] [Furniture and fixtures (25).] [Industrial and commercial machinery and equipment (35).] [Leather and leather products (31).] [Measuring, analyzing, and controlling instruments;] photographic, medical, and optical goods; and watches and clocks (38).] [Primary metal industries (33).] [Printing, publishing, and allied industries (27).] [Stone, clay, glass and concrete products (32).] [Tobacco products (21).] [Transportation equipment (37).] ix. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietary and druggists' sundries (512). Chemicals and allied products (516). Electrical goods (506). [Farm product raw materials (515).] Furniture and home furnishings (502). Groceries and related products (514). -6- [Hardware, and plumbing and heating equipment and supplies (507).] [Lumber and other construction materials (503).] [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). [Petroleum and petroleum products (517)]. Professional and commercial equipment and supplies (504). x. 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). Courier services (4215). Freight forwarding in general (4731), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). [Natural gas transmission and distribution (4922) (4924).] [Packing and crating (4783).] [Public warehousing and storage (422), subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots] "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). xi. Miscellaneous Uses Division: —7— "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District 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 the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "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 of this Title. "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 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). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. ii. Public Administration Division: Public administration(J) on a zoning lot containing less than two (2) acres of land. iii. Services Division: Armored car service (7381). Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry-cleaning plants (7216). Individual and family social services (832). Industrial launderers (7218). Power laundries (7211). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). iv. Manufacturing Division: Chemicals and allied products (28). —8— Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Petroleum refining and related industries (29). Rubber and miscellaneous plastics products (30). Textile mill products (22). v. Transportation, Communication And Utilities Division: "Commercial antenna tower" [SR] (UNCL). "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Public warehousing and storage (422). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). vii. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "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 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Outdoor display areas" [SR] (UNCL) "Outdoor display lots" [SR] (UNCL) "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], 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 19.60 of this Title. 6. AB Land Uses. The following"land uses" (SR) shall be the only land uses —9— allowed as a"permitted use"(SR)or as a"conditional use"(SR)in this PORI district. Those uses set forth in brackets "[use]" shall herein be referred to as "Bracketed AB Land Uses": A. Permitted Uses: The following enumerated AB Area Business land uses shall be the only land uses allowed as a permitted use in this PORI District: Services Division: Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Garment pressing, and agents for laundries and dry cleaners (7212). Miscellaneous equipment rental and leasing (735). Motion picture theaters (7832). Physical fitness facilities (7999) Photographic studios, portrait(722). Radio and television repair shops (7622). Videotape rental (784). ii. Retail Trade Division: [Apparel and accessory stores (56).] Building materials, hardware and garden supply(52). [Carryout restaurants (5812).] [Drinking places (alcoholic beverages) (5813).] 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).] Motor vehicle dealers (5994). [News dealers (5994).] [Optical goods stores (5995).] ["Outdoor eating and drinking facilities" [SR] (UNCL).] iii. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). -10- iv. 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). v. 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, specifically limited to one drive thru facility associated with an economically valued fast food restaurant such as McDonald's, Wendy's, Burger King, Taco Bell, Arby's, Dunkin Donuts, etc., for the entire subdivision. Drive-through facilities for mid-valued fast food restaurants such as Starbuck's or Portillo's,and other non-restaurant land uses(such as,by way of example only,drug stores) shall be permitted and not limited. "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. "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). --11- • B. Conditional Uses: The following enumerated AB Area Business District land uses shall be the only land uses allowed as a conditional use in this PORI District: 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). Membership organization (86) Membership sports and recreation clubs (7997) Power laundries (7211). ii. Retail Trade Division: Convenience food stores, operated on a twenty four(24) hour basis (5411). Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). iii. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518) Lumber and other construction materials (503). iv. 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) subject to the provision that it is allowed as a permitted use on lot 3, and as a conditional use on all other lots. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). —12— "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). v. 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. "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. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "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 rk 19.55 of this Title. F. 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 as follows: 1. General Conditions. The following general conditions will apply to the development of land and structures within this PORI zoning district: a. Substantial conformance to the preliminary plat of subdivision for Capital Corporate Center prepared by Spaceco,Inc.,dated January 30, 2006, and last revised on December 8, 2006. b. Substantial conformance with the preliminary site improvement plans for Capital Corporate Center prepared by Spaceco, Inc., dated February 9, 2006, and last revised on October 18, 2006, with such further revisions required by the City Engineer in the memorandum entitled "Capital Corporate Center-Bartels Property at Mason Road Preliminary Plan Review". —13— • 2. Zoning Lots. In this PORI zoning district, "zoning lots" shall be subject to the provisions of Section 19.12.300, zoning Lots - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 3. Lot Area. In this PORI zoning district, the minimum required "zoning lot area" shall be 40,000 square feet, except for lot 8, which shall be approximately 19,375 square feet. 4. Lot Width.In this PORI zoning district,there shall be no minimum required lot width for a zoning lot. 5. Setbacks - Generally. In this PORI zoning district, "setbacks" shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 6. Setbacks by Lot Line. In this PORI zoning district, the minimum required "building" setbacks" and"vehicle use area setbacks" from a"lot line" for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required "building setbacks" for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from Mason Road "street lot line" and from Capital Street "street lot line" [SR] shall be as follows: From Mason Road (60 feet ROW) 25 feet From Capital Street (52 feet ROW) 30 feet If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp, then from this Illinois Toll Highway right of way: Lot 6(as identified on the"Preliminary Plat"): 75 feet Lots 7 and 8 (as identified on the"Preliminary Plat"): 50 feet (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required "vehicle use area setbacks" for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area -14- setback from Mason Road shall be 10 linear feet and from Capital Street shall be 15 linear feet. (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet (3) If the land which abuts the easterly boundaries of each of lots 6, 7 and 8 is acquired by the Illinois Toll Highway Authority and used as a toll road off-ramp,then from the future Illinois Toll Highway right of way adjoining the east boundaries of Lots 6, 7 and 8 the minimum required vehicle use setback shall be 10 linear feet. 7. Accessory Structures and Buildings. In this PORI zoning district, "accessory structures and buildings" shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 8. Yards-Generally.In this PORI zoning district,a"street yard"[SR],a"side yard" [SR], a"rear yard" [SR], or a"transition yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, with the following exceptions: 9. Landscape Yards. In this PORI zoning district, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" [SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Street Yard. Street yards shall be fully landscaped. (2) Side and Rear Yard. Side and rear yards shall be fully landscaped. (3) Foundation Yards. A minimum 10 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside ofrequired foundation yard —15— areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. (6) Irrigation.Irrigation requirements for landscape yards shall be as follows: 1. Lots 6 and 7: All landscape areas shall be fully irrigated. 2. Lots 1, 2, 4, and 5: only street yards shall be fully irrigated. 3. Lot 3. No irrigation will be required. b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Parking Landscape Area. Where a parking lot is located adjacent to Mason Road or Capital Street, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs that is 50%percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees(each having at least a 3 inch caliper) per 100 linear feet. (2) Building Landscape Area. Where a building is located adjacent to a street right of way, there shall be a minimum of 6 shrubs(each at least a 2.5 feet in height)per 100 linear feet, 2 trees (each having at least a 3 inch caliper) per 100 linear feet, and 2 ornamental trees (each having at least a 2 inch caliper)per 100 linear feet. (3) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (4) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at -16- least 9 feet by 18 feet and contain at least one tree(having at rik least a 3 inch caliper). 9. Floor Area: Building Height. In this PORI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. 10. Building Coverage.In this PORI District,the maximum"building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. G. 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, 1976, as amended. a. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: For Warehouse, storage, and distribution facilities, the parking stall requirements shall be based on the following stepped parking requirements: Area in Square Feet Parking Stalls Required 1 to 20,000 1 stall per 1,500/SF 20,001 to 50,000 1 stall per 1,750/SF 50,001 to 75,000 1 stall per 2,000/SF 75,001 and over 1 stall per 2,500/SF b. Land Reservation for Parking Not Provided. For zoning lots where the initial occupant can document that the land use requires less parking than required in this subsection,only the number of stalls required by the occupant shall be required to be constructed,provided that this number is not less than 1/3 of the total required number of parking stalls. Adequate land area for the required number of off street parking stalls in accordance with this subsection shall be designated and reserved for off street parking purposes. A written covenant agreeing to construct the additional required parking stalls shall be submitted to the zoning officer. Such covenant shall be reviewed by the Zoning Officer, approved as to content and form by the Corporation Counsel,and filed by the property owner for record in the office of the County Recorder. Upon subsequent certification by the Zoning Officer that the full number of parking stalls required under this subsection are needed because the demand —17— for off street parking stalls exceeds the capacity of the off street parking rik facility and that such demand is of a continuing and regular nature,the owner of the building shall construct the full number of parking spaces required under this subsection. c. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided is not less than the sum of the separate requirements of each sum""land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. d. Stalls and Aisles. "Parking aisles" [SR] shall be a minimum of 24 linear feet in width, or an equivalent for angle parking. "Parking stalls" [SR] shall be a minimum of 9 linear feet in width by 18 linear feet in length,or an equivalent for angle parking. Parking spaces for the physically handicapped shall be provided in proximity to building entrances. The parking requirements and related curb cuts and ramps for the physically handicapped shall comply with the Illinois Handicapped Accessibility Code. There shall be a back of curb parking lot dimension of 43 feet for single loaded aisles and 61 feet for double loaded aisles. Where there is a landscaped area immediately adjacent to the parking lot, a deduction of 1.5 foot per car for overhang shall be allowable. e. Striping and Markings. All parking lot striping and other markings shall be white. f. Landscape Islands. Landscaped islands shall be 9 linear feet wide and provided every 20 parking spaces. g. Approaches. The maximum width of an approach at the curb line shall be as approved by the City Engineer. The minimum radius shall be 10 feet. h. Curb. All landscaped islands, drives and edges of paving shall be defined with B6:12 curb and gutter. Paving. Vehicular access to or from a public right of way shall be provided on a concrete approach and "driveway" [SR] within a public right of way rikh —18— leading from a "zoning lot" [SR] to an improved "street" [SR]. At a minimum, the approach shall be paved with concrete for the first fifteen 15 feet, beginning at the street curb. the design of approaches and driveway crossing a public right of way shall also be subject to the provisions and requirements of Title 13, Streets and Sidewalks; Chapter 13.08, Driveways. For bituminous concrete surfaces,there shall be a minimum of two inches of bituminous concrete over eight inches of compacted gravel. Equivalent thicknesses of bituminous concrete may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches. For Portland Cement concrete surfaces, there shall be a minimum of four inches of Portland cement concrete over four inches of compacted gravel. Equivalent thicknesses of Portland cement concrete may be substituted for gravel provided that the total pavement thickness is a minimum of eight inches. Service areas are subject to abuse, such as dumpster service areas, shall be constructed with concrete paving. Paved walks or pedestrian areas near or adjacent to buildings shall be of appropriate materials other than bituminous paving. H. 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. Signs.In this PORI zoning district,signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as maybe amended. J. Nonconforming Uses and Structures.In this PORT 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. K. 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. L. 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 —19— 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. 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. N. 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. O. Subdivisions-Generally. In this PORI zoning district,subdivisions shall be subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, as maybe amended,except as may be specifically provided otherwise in this planned industrial district ordinance or in the preliminary plat approved by the corporate authorities as part of the annexation of the subject property. The final plats and the final engineering plans and specifications shall be in substantial conformance with this PORI district and the Preliminary Plat for Capital Corporate Center, prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006, and the Preliminary Site Improvement Plans, prepared by Spaceco, Inc., dated February 9, 2006, last revised dated October 18, 2006. P. Subdivisions-Design Standards. In this PORI zoning district,subdivisions shall be subject to the provisions of Chapter 18.24,Design Standards,of the Elgin Municipal Code, as may be amended, with the following exceptions: a. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. b. Right of Way. The widths of the dedicated right of way on the Subject Property shall be as set forth in the Preliminary Plat of Subdivision for the Subject Property prepared by Spaceco, Inc., dated January 30, 2006, last revised dated December 8, 2006. c. Easements. The rights of way on the Subject Property shall be bounded by —20— easements as depicted on the preliminary plat of subdivision. Such easements shall be granted to the City and shall be permanent and exclusive easements and shall include further provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or other improvements of any type within the Easement Premises, nor undertake any other activities in the Easement Premises which interferes with the City of Elgin's intended use thereof. Said easement areas shall be seeded after utility construction and installation is completed. R. Building and Construction-Generally. In this PORI zoning district,building and construction shall be subject to the provisions of Title 16,Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. Design Guidelines. The Design Guidelines prepared by Monarch Design& Construction, LLC dated November 20, 2006 and attached hereto as Exhibit 1 shall be applicable to the development of the Subject Property. All buildings constructed on the Subject Property shall be constructed in conformance with such Design Guidelines and other applicable requirements of law. 2. All sanitary sewers shall be overhead sewers. 3. 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. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. •se== 11400e--- Ed Schock, Mayor Presented: April 11, 2007 Passed: April 11, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 12, 2007 Published: Attest: Dolonna Mecum, City Clerk —21— EXHIBIT 1 Design Guidelines Design Guidelines for Capital Corporate Center: Building and Construction - General At Capital Corporate Center, building and construction shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as otherwise specifically provided herein or in the Annexation Agreement or Planned Development Ordinance adopted with respect to Capital Corporate Center by the Elgin City Council. Design Guidelines for Capital Corporate Center The following shall constitute the Capital Corporate Center- Architectural Design Guidelines. Note that the guidelines vary as to the various Lots within the Capital Corporate Center. It is also recognized that these Design Guidelines may not be practical or appropriate for certain types of retail /restaurant/hotel—motel uses (collectively "Special Development"), and that the City's Zoning Administrator shall have the right to agree to variations in such Design Standards in connection with any such Special Development without thereby necessitating any amendment to the Annexation Agreement or Planned Development Ordinance previously approved by the Elgin City Council as to the Subject Property. """ Substantial compliance (as determined by the City's Zoning Administrator) with these Design Guidelines, and compliance with other applicable building codes, shall be all that is required for the issuance of building permits. Should the Developer propose any material deviation from these Design Guidelines and/ or variations with respect to Special Development that are not acceptable to the City's Zoning Administrator, then at the request of the Developer, the matter shall be brought before the Elgin City Council for final resolution, but without any further public hearings, and without the need to amend the Annexation Agreement or Planned Development Ordinance. In no event shall the provisions of the ARC Arterial Road Corridor Overlay District be applicable to the development of the Subject Property. Guidelines by Lot Location • Lots 1 and 2 & Lots 4 thru 8 • Buildings on Lots 1-2 and Lots 4 - 8 shall conform to the following "ARC Arterial Road Corridor Overlay District" standards without thereby imposing any requirement that any proposed project be subject to the procedural /public hearing process applicable to property within an arterial road corridor): —22— The exterior building materials that are acceptable for use on buildings within Lots 1, 2 and 4 though 8 are: • Traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. • Composite building materials such as cultured stone, cast stone and precast concrete panels designed to look like brick or stone, or imprinted with architectural features such as lintels, window sills and cornices. • Artificial building materials such as Exterior Insulation and Finish Systems ("EIFS", commonly referred to by its brand name "Dryvit") and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins, and other design elements as determined by the Development Administrator. The materials shall not be used in high traffic, or high abuse areas, so as to protect them from wear and tear and vandalism • The facades of the buildings on Lots 6 and 7 facing the Toliway shall be designed to look the same as the front elevation of the building. Any proposed loading docks shall be oriented to the interior lot lines and not to the rear lot line. • Each building façade (all 4 sides) shall contain a minimum of six (6) Architectural Features. • Roof mounted equipment shall be fully screened from view by a uniform parapet on all four sides of the buildings. The parapet height criteria shall conform to the Screening of Mechanical Equipment standards guidelines relating to the Chapter 19.15.500 of the Elgin Municipal Code as excerpted below. "Section 1511.1 General. All rooftop mechanical equipment, on buildings 30 feet (9.15 m) or under in height, extending more than 36" (913 mm) above the roof, including but not limited to heating, air conditioning, ventilating or other mechanical equipment, shall be screened or enclosed in a manner which masks the equipment from view at a distance twice the height of building at finished grade elevation." • Lot 3 • Each building façade (all 4 sides) shall contain a minimum of five (5) Architectural Features. • Roof mounted equipment shall conform to the Screening of Mechanical Equipment standards guidelines relating to the Chapter 19.15.500 of the Elgin Municipal Code as noted below. "Section 1511 Screening of Mechanical Equipment, shall be created to read as follows: o Section 1511.1 General. All rooftop mechanical equipment, on buildings 30 feet (9.15 m) or under in height, extending more —23— than 36" (913 mm) above the roof, including but not limited to • heating, air conditioning, ventilating or other mechanical equipment, shall be screened or enclosed in a manner which masks the equipment from view at a distance twice the height of building at finished grade elevation. o Section 1511.2 Construction. Construction of the screening or enclosure shall comply with the provisions of the building code, and shall be of the same character and design as the building. o Section 1511.3 Permits. A building permit shall not be issued for any building unless the screening or enclosure is included on plans submitted with the building permit application." • Loading docks on all lots shall be screened by a wall that is integral to the building, is constructed of the same materials as the building, and is of sufficient height so as to fully screen the docks. A 100% landscaping screen should also be provided adjacent to that wall. Specific Guidelines - Building and Construction • Architectural Design. At Capital Corporate Center, all buildings shall be designed in substantial conformance to the following standard: All projects shall demonstrate architectural excellence and demand high quality design and materials. • Architecture Features. Each building façade (4 sides) shall contain the required number of architectural features as required by the "Guidelines by Lot Location" and defined by the following list: • Continuous or Repetitive Design Elements: o Alternating masonry design, capstones, columns, cornices, enhanced window sills, lintels, medallions, parapets, pilasters, reveals or watercourses. • Specific Building Physical Features: o Awnings/Canopies (fabric, metal or glass), building offsets,pediments, or recessed entries. o Accent or Decorative Lighting. Parking and area lights cannot be counted. Building Coloration will consist predominantly of a neutral overall color that compliments the building's surroundings. Accent colors are encouraged. • Building Facade Materials. The following are acceptable materials. • Traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. • Composite building materials such as cultured stone,' cast stone and precast concrete panels designed to look like brick or stone, or —24— imprinted with architectural features such as lintels, window sills and cornices. • Artificial building materials such as Exterior Insulation and Finish Systems (EIFS, commonly referred to by its brand name "Dryvit") and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins, and other design elements. The materials shall not be used in high traffic, or high abuse areas, so as to protect them from wear and tear and vandalism. • No building shall be constructed with metal exterior materials, excepting miscellaneous metal appurtenances, without the approval of the City Council. Notwithstanding the foregoing, the roof of any building may be constructed with a co-called "standing seam" metal roof(in addition to any other non-metal roofing system). • All facade materials used will reflect a high degree of quality, durability and craftsmanship. • Loading Docks • Loading docks on all lots shall be screened by a wall that is integral to the building, is constructed of the same materials as the building, and is of sufficient height so as to fully screen the docks. A 100% landscaping screen should also be provided adjacent to that wall. • Roof and Roof Accessories: • Exterior gutters and downspouts will be permitted. All downspouts must connect directly to storm drain system. • Windows and Entryways. • Windows and entryways shall be emphasized by utilizing a dominant architectural feature. These features should be further highlighted through the use of window sills and lintels and alternate brick design such as soldier course. • Glass will be tinted glass (green, blue, bronze, or gray) or reflective glass (green,blue or silver)with an outdoor reflectance of no more than 20%. • Other Considerations and Site Layout • Drainage, utility and cross access easements must be maintained. Some of these easement areas can be paved. These easements also reflect and engineered `water shed' and overland flow that must be maintained. The following are some key easements to consider. o Provide possible sanitary sewer connection for Lot 3 between Lot 2 &4 from Capital Street. o Lots 1, 2 and 3 must provide access to "Storm Water Management Outlot(s)" identified as Outlot 1 &2 via the parking lots._ • Any outdoor storage and/or commercial operations yards are not permitted regardless of site design. Specific Guidelines - Landscape —25— elk • Landscape Design. At Capital Corporate Center, all developments shall provide for a quality landscape design along all road frontages. In addition all landscaped areas must be in conformance to the City of Elgin Municipal Code, Section 19.12.700: LANDSCAPING of the Zoning Ordinance. —26—