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Home My WebLink AboutG2-16 Ordinance No. G2-16 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G68-07 (2650 Automall Drive—Lots 8 and 9 of Randall Rose Auto Mall Subdivision) WHEREAS, the territory herein described has been classified in the PORI Planned Office Research Industrial District pursuant to Ordinance No. G68-07; and WHEREAS,the Randall Rose Auto Mall Subdivision(the "Subject Property")is the subject of a certain Development Agreement originally dated December 5, 2007 (the "Development Agreement") between the Developers identified therein and the City; and WHEREAS,the development of the Randall Rose Auto Mall Subdivision was approved with the passage of Ordinance No. G68-07 restricting the land uses exclusively to'`New Vehicles Sales" contingent upon the Developers and owners receiving from the city any Development Incentives as defined in the Development Agreement; and WHEREAS, Ordinance No. G68-07 further provides that prior to any use of the Subject Property for New Vehicle Sales that the Subject Property could instead had been developed with "ORI Land Uses"as defined and identified within Section 3E2 "Other Uses"of Ordinance G68-07; and WHEREAS, Lots 2 and 7 of the nine developable lots within the Randall Rose Auto Mall Subdivision have been developed with land uses related to "New Vehicle Sales"and the Developer and owners have received Development Incentives from the city pursuant to the Development Agreement with respect thereto; and WHEREAS,the Development Agreement and Ordinance No. G68-07 currently require that the remaining lots within the Randall Rose Auto Mall Subdivision be utilized only for New Vehicle Sales uses; and WHEREAS,the current owner and successor developer is proposing the sale of Lots 8 and 9 in the Subdivision and the construction of a new industrial building on vacant Lots 8 and 9 within the subdivision; and WHEREAS, the city is amenable to amending the Development Agreement pursuant to a Fourth Amendment to the Development Agreement and to amend Ordinance No. G68-07 with respect to Lots 8 and 9 only to allow for the construction of a new industrial building containing "ORI Land Uses" on Lots 8 and 9 as provided for within Ordinance No. G68-07 and as further provided for in this ordinance; and WHEREAS, written application has been made to amend Ordinance No. G68-07 to permit the construction of a new industrial facility on Lots 8 and 9 in the PORI Planned Office Research Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing 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; and WHEREAS, on January 27, 2016,pursuant to Resolution No. 16-9,the City Council of the City of Elgin approved a Fourth Amendment to the Development Agreement of the Subject Property which provides,among other matters,for the removal of the so-called Auto Mall Restriction for Lots 8 and 9 and the requirement that Lots 8 and 9 be utilized only for New Vehicle Sales so as to allow for the rezoning of Lots 8 and 9 within the Randall Rose Auto Mall Subdivision as provided for within this ordinance. 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 2,2015,made by the Planning and Zoning Commission,a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G68-07 entitled "An Ordinance Classifying Previously Annexed Territory in the PORT Planned Office Research Industrial District," passed December 6, 2007, be and is hereby amended only as set forth below with respect to Lots 8 and 9 only in the Randall Rose Auto Mall Subdivision, such Lots 8 and 9 being legally described as follows: LOTS 8 AND 9, IN RANDALL ROSE AUTO MALL BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 30,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 18, 2007 AS DOCUMENT NUMBER 2007K122789 IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS (Property Commonly known as 2650 Automall Drive). A. Section 3E2 of Ordinance No. G68-07 entitled "Other Uses" is hereby amended to provide for the following additional sub-paragraph: "b. Lots 8 and 9 within Randall Rose Auto Mall Subdivision shall be permitted the construction of a new industrial building containing''ORI Land Uses"as defined and identified within this Section 3E2 ''Other Uses" of this ordinance and subject to the following additional conditions: i. Substantial conformance with the Petitioner's Application, Statement of Purpose,Consent and Disclosure and attachments received on September 18, 2015. In the event any conflict between such documents and the terms of - 2 - this ordinance or other applicable city ordinances,the terms of this ordinance or other applicable city ordinances shall supersede and control. ii. Substantial conformation with the ALTA/ACSM Land Title Survey prepared by Manhard Consulting dated June 12, 2015. iii. Substantial conformance with the architectural floor plans and elevations entitled"Proposed Facility,Zilber Property Group,"prepared by Cornerstone Architects, Ltd., containing the following exhibits: a. Building partial perspective view last revised on July 6, 2015 b. Site Plan last revised on October 23, 2015 c. Elevations last revised on June 16, 2015 d. Sign (monument graphic) detail last revised on July 20, 2015 e. Overall building section last revised on June 19, 2015 iv. Substantial conformance with Preliminary Engineering prepared by Pinnacle Engineering Group, dated June 16, 2015 and last revised on October 22, 2015. V. Substantial conformance with Landscape Plan prepared by McCallum Associates dated June 18, 2015 and last revised on October 23, 2015. Vi. Substantial conformance with Site Lighting Plan prepared by Nesco electric dated June 30, 2015. Vii. Substantial conformance with the Preliminary Plat of Subdivision for Lots 8 and 9 of Randall Rose Subdivision providing for the vacation of certain easements on the property, prepared by Manhard Consulting dated October 23, 2015. Viii. Compliance with all applicable codes and ordinances." B. Section 31`3 of Ordinance No. G68-07 entitled"Site Design Standards Applicable to Uses Other Than New Vehicle Sales"is hereby amended to provide for the following additional paragraph: "The development of Lots 8 and 9 within Randall Rose Auto Mall Subdivision shall be permitted a Vehicle Use Area Setback from a Street Lot Line of 20 feet and subject to the regulations otherwise applicable to the ORI Office Research Industrial District set forth in the Elgin Municipal Code, 1976, as amended." C. Section 3H of Ordinance No. G68-07 entitled"Signs"is hereby amended to provide for the following additional sub-paragraphs: "c. The industrial building developed on Lots 8 and 9 within Randall Rose Auto - 3 - Mall Subdivision shall be allowed the construction of two (2) monument graphics, one located at each vehicular entrance to the property,each with a surface area not to exceed 40 square feet each and in substantial conformance with the Sign(monument graphic) detail plans prepared by Cornerstone Architects, Ltd., and last revised on July 20, 2015. All wall mounted signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, as amended. D. Section 301 A of Ordinance No. G68-07 which provides for certain design guidelines for any ORI land use is hereby amended by adding the following additional text to the end thereof: "Notwithstanding the foregoing,the design guidelines for loading docks in Exhibit C shall not be applicable to Lots 8 and 9 within the Randall Rose Auto Mall Subdivision. The design and construction of loading docks on Lots 8 and 9 shall be as otherwise provided for in the Elgin Municipal Code, 1976, as amended, and as provided in the development plans and exhibits referenced in the amended Section 3E2b hereof." Section 3. For the purpose of clarification,the provisions of this amendatory ordinance shall apply only to Lots 8 and 9 within the Randall Rose Auto Mall Subdivision, and shall not be applicable to the remaining lots within the Randall Rose Auto Mall Subdivision. Such remaining lots other than Lots 8 and 9 shall continue to remain subject to all of the provisions of Ordinance No. G68-07, as passed on December 6, 2007. Section 4. That except as specifically amended herein with respect to Lots 8 and 9 only,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G68-07, as passed on December 6, 2007. Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David J. Kap m, NKyor Presented: January 27, 2016 Passed: January 27, 2016 t+ � Omnibus Vote: Yeas: 9 Nays: 0f ^ Recorded: January 27, 2016 Published: January 29, 2016 W. Atte$ Kimberly Dewis, Ci lerk - 4 - I