HomeMy WebLinkAboutG1-09 •
Ordinance No. G1-09
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(McKay &Nava Properties—3303 & 3305 Route 20)
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
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
r Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB
Planned Area Business District, the following described property:
That Part of The North Half of Section 18, Township 41 North, Range 8 East
of the Third Principal Meridian, Described As Follows:
Commencing at The Northwest Corner of The Northeast Quarter of Said
Section 18; Thence South Along The West Line of Said Northeast Quarter
462.0 Feet To The Center Line of U.S. Highway 20; Thence North 64 Degrees
05 Minutes West Along Said Centerline 30.36 Feet For The Point of
Beginning; Thence South 64 Degrees 05 Minutes East Along Said Center
Line of U.S. Highway Route 20, 125.0 Feet; Thence South 25 Degrees 13
Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West Parallel
With The Centerline of U.S. Highway Route 20 To A Line Drawn South 25
Degrees 13 Minutes West From The Point of Beginning; Thence North 25
Degrees 13 Minutes East 530.4 Feet To The Point of Beginning; In Elgin
Township, Kane County, Illinois, Excepting Therefrom That Part of U.S.
Highway Route 20 Previously Annexed (Property Commonly Known As
3305 Route 20).
That Part of North Half Of Section 18, Township 41 North, Range 8 East of
The Third Principal Meridian, Described As Follows:
r
Commencing At The Northwest Corner of The Northeast Quarter of Said
Section 18; Thence South Along The West Line of Said Northeast Quarter
462.0 Feet To The Centerline of U.S. Highway 20; Thence South 64 Degrees
05 Minutes East Along Said Centerline 94.64 Feet For The Point of
Beginning; Thence Continuing South 64 Degrees 05 Minutes East Along Said
Centerline Of U.S. Highway Route 20, 200.10 Feet; Thence South 25 Degrees
22 Minutes West 530.4 Feet; Thence North 64 Degrees 05 Minutes West
Parallel With The Centerline of U.S. Highway Route 20 To A Line Drawn
South 25 Degrees 13 Minutes West From The Point of Beginning; Thence
North 25 Degrees 13 Minutes East 530.4 Feet To The Point of Beginning.
Containing 2.429 Acres, More Or Less And Being Situated In Elgin
Township, Kane County, Illinois, Excepting Therefrom That Part of U.S.
Highway Route 20 Previously Annexed (Property Commonly Known As
3303 Route 20).
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
E 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.
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:
1. Offices Division:
"Offices" [SR] (UNCL).
2. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
3. Services Division:
Advertising(731).
Barbershops (724).
Beauty shops (723).
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).
emk 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).
Garment pressing, and agents for laundries and dry cleaners
(7212).
Home health care services (808).
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).
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).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait(722).
Professional sports operators and promoters (7941).
Reupholstery and furniture repair(764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
4. 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).
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).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
Used building materials (5932).
Used merchandise stores (593).
5. Agricultural Division:
Dog grooming (0752).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
6. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
7. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
8. 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).
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:
Billiard parlors (7999).
Bingo parlors (7999).
Bowling centers (7933).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Dance halls (7911).
Dance studios and schools (791).
Discotheques (7911).
"Home child daycare services" [SR] (8351).
•
Membership organizations (86).
Membership sports and recreation clubs (7997).
Organization hotels and lodging houses, on membership basis
(704).
Other schools and educational services (829).
Physical fitness facilities (7991).
Pool parlors (7999).
"Teen clubs" [SR] (UNCL).
4. Retail Trade Division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Package liquor sales establishments" [SR] (5921).
5. 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).
6. 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).
"Program for Graphics" [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.
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.
H. Architectural Design Review. In this PAB zoning district, architectural design
and review including, but not limited, with respect to all buildings and structures,
shall be subject to the provisions of Chapter 19.14, Architectural Review and
Design of the Elgin Municipal Code, 1976, as amended.
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.
J. 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.
K. 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.
L. 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.
M. 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
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.
N. 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.
r
O. 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. A variation 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.
P. 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.
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.
R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to
the contrary in this ordinance, the use and the development of the subject property
in this PAB zoning district shall also be subject to the regulations of the ARC
Arterial Road Corridor Overlay District. In the event of any conflict between the
regulations in the ARC Arterial Road Corridor Overlay District and other
provisions of this ordinance, the regulations of the ARC Arterial Road Corridor
Overlay District shall control.
Section 3. That this ordinance shall be full force and effect from and after A it 8, 2009.
E Schock, Mayor
Presented: January 14, 2009 "'*F.
January 14, 2009
Passed: Janu
F:G;
Omnibus Vote: Yeas: 5 Nays: 0 ' ,'.
Recorded: January 15, 2009 t' 3-
Published A.4 '
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Attest: �
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Diane Robertson, City C k
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