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G26-98 Ordinance No. G26-98 AN ORDINANCE RECLASSIFYING PROPERTY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2205 POINT BOULEVARD) WHEREAS, written application has been made to reclassify said property in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations; and WHEREAS, the use and development of the subject property is also governed by the terms and provisions of a certain Annexation Agreement dated September 12, 1990, as subsequently amended by Amendment to Annexation Agreement dated November 19, 1997 (collectively the "Annexation Agreement" ) . e''' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 19 . 08, Section 19 . 08 . 020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter 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: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 32 AFORESAID WITH THE SOUTHERLY ( 100 . 0 FOOT) RIGHT OF WAY LINE OF SAID PARCEL N4D-56 . 15; THENCE SOUTH 0 DEGREES 51 MINUTES 56 SECONDS WEST ALONG SAID EAST LINE 240 . 03 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89 DEGREES 15 MINUTES 01 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER QUARTER, A DISTANCE OF 377 . 68 FEET TO THE NORTHEASTERLY LINE OF NORTHWEST TOLL HIGHWAY (PARCEL NO. N-4D-55 ) ; THENCE NORTH 59 DEGREES 21 MINUTES 21 SECONDS WEST ALONG SAID RIGHT OF WAY 106 . 15 FEET TO A CORNER ON THE SOUTHERLY RIGHT OF WAY LINE OF PARCEL N4D-56 . 5A; (THE FOLLOWING 6 COURSES ARE MEASURED LINES ALONG THE RIGHT OF WAY OF SAID PARCEL) ; THENCE NORTH 88 DEGREES 56 MINUTES 45 SECONDS EAST 34 .98 FEET; THENCE NORTH 35 DEGREES 42 MINUTES 44 SECONDS WEST 181 . 15 FEET; THENCE NORTH 16 DEGREES 32 MINUTES 54 SECONDS WEST 181 . 15 FEET; THENCE NORTH 16 DEGREES 32 MINUTES 54 SECONDS WEST 180 . 76 FEET; THENCE NORTH 04 DEGREES 54 MINUTES 12 SECONDS WEST 181 . 82 FEET; THENCE NORTH 12 DEGREES 52 MINUTES 20 SECONDS EAST 189 . 78 FEET; THENCE SOUTH 77 DEGREES 06 MINUTES 29 SECONDS EAST 63 . 80 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF PARCEL N4D-56 . 15; (THE FOLLOWING 3 COURSES ARE MEASURED LINES ALONG THE RIGHT OF WAY LINE OF SAID PARCEL) ; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE BEING ON A CURVE TO THE RIGHT HAVING A RADIUS OF 332 . 0 FEET AN ARC DISTANCE 110 . 24 FEET, THE CHORD OF THE LAST DESCRIBED COURSE BEARING SOUTH 33 DEGREES 37 MINUTES 45 SECONDS EAST 109 . 56 FEET) ; THENCE SOUTH 24 DEGREES 13 MINUTES 44 SECONDS EAST 159 . 26 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 432 . 0 FEET, AN ARC DISTANCE OF 482 .49 FEET (THE CHORD OF THE LAST DESCRIBED COURSE BEARING SOUTH 56 DEGREES 04 MINUTES 28 SECONDS EAST 457 . 80 FEET) TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS (COMMONLY KNOWN AS 2205 POINT BOULEVARD) . Simultaneously with the adoption of this ordinance, the City Council has adopted a resolution subdividing the subject property into "Lot 1" and"Lot 2" in Randall Point Executive Center Subdivision. Section 2 . That the City Council of the City of Elgin hereby adopts the Findings of Fact made by the Planning and ft' Development Commission, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, and grants the reclassification in the PORI Planned Office Research Industrial District at 2205 Point Boulevard in accordance with the following provisions : A. Purpose and Intent. The purpose of this PORI Planned Office Research Industrial District is to provide hotel, conference, and restaurant facilities and other ancillary uses to the community and region. A PORI zoning district is most similar to, but departs from the standard requirements of the PORI 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. 4k 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. In addition to the "permitted uses" (SR) listed under (A) the ORI Office Research Industrial District classification or (B) the Annexation Agreement, the following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in this PORI district: Lot One 1 . Drinking place (alcoholic beverages) ( 5813) . 2 . Eating place ( 5812 ) . 3 . Conference facility (UNCL) 4 . Accessory coin operated amusement establishment ( 7993) . 5 . Accessory physical fitness facility ( 7991 ) . 6 . Accessory swimming pool ( 7999 ) . 7 . Accessory child day care center ( 835) . 8 . Outdoor eating and drinking facility (SR) (UNCL) . tow 9 . Membership sports and recreation club. 10 . Apparel and accessory store ( 56) . 11 . Florist ( 5992 ) . 12 . General merchandise store (5399 ) . 13 . Tobacco store (5993 ) . 14 . Barber shop/beauty shop ( 7231) . Lot Two 1 . Child day care ( 835) . 2 . Drinking place (alcoholic beverages ) ( 5813) . 3 . Eating place ( 5812 ) . 4 . Conference facility (UNCL) . 5 . Outdoor eating and drinking facility (SR) (UNCL) . 6 . Membership sports and recreation club. 7 . Apparel and accessory store ( 56 ) . 8 . Florist (5992 ) . 9 . General merchandise store ( 5399 ) . 10 . Tobacco store ( 5993) . 11 . Barber shop/beauty shop ( 7231) . 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, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape yards, bb floor area, and building coverage shall be in substantial conformance to the following : 1 . Statement of Purpose, Departures and Conformance (Rider) concerning Map Amendment establishing Planned Unit Development and Planned Zoning District for South Parcel, submitted by Peter C. Bazos, Esquire, a copy of which is attached as Exhibit B. 2 . Site Plan ( 01/24/98) prepared by Marchris Engineering, Ltd. , and Building Elevation Drawings (no date) prepared by Jonathan Nehmer & Associates, Inc . for Sheraton Four Points Hotel . 3 . Substantial conformance to the Landscape Plan ( 02/09/98) for Sheraton Four Points Hotel prepared by Charlene A. Kautz . 4 . All other applicable codes and ordinances . 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, as may be amended with the following exception. ebb The required number of parking stalls shall be as follows : Hotel/Conference Center/Eating & Drinking Place: One space per room plus one space per employee based on peak demand shift. Total = 320 (required/provided) 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. I . Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, as may be amended, except as follows : The Sheraton Four Points Hotel shall be identified with wall signs and a freestanding monument sign as described and illustrated on Sign Elevation Drawings attached as Exhibit C . In addition the Sheraton Four Points Hotel may be identified on "development identification signs" for the Randall Point Executive Center, one of which will be located on the subject property and the other near the Randall Road/Point Boulevard intersection. J. Nonconforming Uses and Structures. In this PORI 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. 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. 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 e"` 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. Section 3 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Kevin Kelly, Mayo Presented: March 25, 1998 Passed: March 25, 1998 Vote: Yeas 7 Nays 0 Recorded: March 26 , 1998 Published: Attest: / 471,0 - Dolonna Mecum, City Clerk