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G35-01 a ' Y �.. Ordinance No. G35-01 AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY TO THE PAB PLANNED AREA BUSINESS DISTRICT (1001 South Randall Road and 2395 Bowes Road) WHEREAS, written application has been made to reclassify the territory herein described in the PAB Planned Area Business, and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications 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 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 PAB Planned Area Business District , the following described property: PARCEL 1 COMMENCING FOR REFERENCE AT THE POINT-OF- INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF BOWES ROAD AS ESTABLISHED BY DOCUMENT NUMBER 93K63084 AND INSTRUMENT OF CORRECTION DOCUMENT NUMBER 93K65081 , AND THE WEST RIGHT-OF-WAY LINE OF UMBDENSTOCK ROAD AS DEDICATED PER PLAT OF SUBDIVISION FOR HEARTLAND MEADOWS UNIT 9, RECORDED JUNE 28 , 1996 , AS DOCUMENT NUMBER 96K046771 ; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID UMBDENSTOCK ROAD, SOUTH ONE DEGREE 46 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 508 . 71 FEET; THENCE SOUTH 87 DEGREES 56 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 533 . 62 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH ALONG THE SOUTH LINE OF SAID PROPERTY, SOUTH 87 DEGREES 56 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 356 . 56 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF .. RANDALL ROAD, AS DEDICATED PER DOCUMENT RECORDED APRIL 30 , 1955, AS DOCUMENT NUMBER 778764 ; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH ONE DEGREE 46 MINUTES 29 SECONDS WEST FOR A DISTANCE OF 509 . 57 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID BOWES ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, NORTH 87 DEGREES 59 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 327 . 93 FEET; THENCE SOUTH ONE DEGREE 50 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 200 . 00 FEET; THENCE NORTH 87 DEGREES 59 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 28 . 00 FEET TO A POINT ON THE EAST LINE OF SAID PROPERTY, ALSO BEING A POINT THE WEST LINE OF THE PROPERTY DESCRIBED IN A WARRANTY DEEDS, RECORDED APRIL 30, 1997, AS DOCUMENT NUMBER 97K027558; THENCE ALONG THE EAST LINE OF THE PROPERTY DESCRIBED IN SAID DOCUMENT NUMBER 97K027558 ; THENCE ALONG THE EAST LINE OF THE PROPERTY DESCRIBED IN SAID DOCUMENT NUMBER 97K028865 , SOUTH ONE DEGREE 50 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 309 . 22 TO THE POINT OF BEGINNING (PROPERTY COMMONLY DESCRIBED AS 1001 SOUTH RANDALL ROAD) PARCEL 2 : THAT PART OF THE NORTH 550 . 0 FEET OF THE WEST 930 . 0 FEET OF THE EAST ;4 OF THE SOUTHWEST 1/4 OF SECTION 28 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID EAST %; THENCE SOUTH 89 DEGREES 24 MINUTES O1 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 589 . 0 FEET; THENCE SOUTH 00 DEGREES 48 MINUTES 54 SECONDS WEST, 91 . 75 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 35 SECONDS WEST, 193 . 00 FEET; THENCE SOUTH 00 DEGREES 48 MINUTES 54 SECONDS WEST, 29 .40 FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20 . 00 FEET, WHOSE CHORD BEARS NORTH 45 DEGREES 49 MINUTES 26 SECONDS EAST FOR AN ARC DISTANCE OF 31 .42 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES 06 SECONDS EAST, 20 . 92 FEET TO A PONT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100 . 0 FEET, WHOSE CHORD BEARS SOUTH 82 DEGREES 54 MINUTES 54 SECONDS EAST, FOR AN ARC DISTANCE OF 21 . 88 FEET; THENCE SOUTH 76 DEGREES 38 MINUTES 42 SECONDS EAST, 40 . 53 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 100 . 00 FEET, WHOSE CHORD BEARS SOUTH 82 DEGREES 54 MINUTES 54 SECONDS EAST, FOR AN ARC DISTANCE OF 21 . 88 FEET; THENCE NORTH 89 DEGREES 11 MINUTES 06 SECONDS WEST, 65 . 09 FEET; THENCE SOUTH 00 DEGREES 48 MINUTES 54 SECONDS WEST, 434 . 76 FEET; THENCE NORTH 89 DEGREES 24 MINUTES O1 SECONDS WEST; 189 . 00 FEET; THENCE NORTH 00 DEGREES 48 MINUTES 54 SECONDS EAST, 429 . 04 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . (PROPERTY COMMONLY KNOWN AS 2395 BOWES ROAD, IN ELGIN. ) OUT LOT "A" COMMENCING FOR REFERENCE AT THE POINT-OF- INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF BOWES ROAD AS ESTABLISHED BY DOCUMENT NUMBER 93K63084 AND INSTRUMENT OF CORRECTION DOCUMENT NUMBER 93K65081, AND THE WEST RIGHT-OF-WAY LINE OF UMBDENSTOCK ROAD AS DEDICATED PER PLAT OF SUBDIVISION FOR HEARTLAND MEADOWS UNIT 9, RECORDED JUNE 28, 1996, AS DOCUMENT NUMBER 96K046771; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID UMBDENSTOCK ROAD, SOUTH ONE DEGREE 46 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 508 . 71 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN SAID DOCUMENT NUMBER 97KI027558; THENCE ALONG THE SOUTH LINE OF SAID LAST MENTIONED PROPERTY, SOUTH 87 DEGREES 56 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 533 . 62 FEET TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY; THENCE ALONG THE WEST LINE OF SAID LAST MENTIONED PROPERTY, NORTH ONE DEGREE 50 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 309 . 22 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 87 DEGREES 59 MINUTES 42 SECONDS WEST FOR A DISTANCE OF 28 . 00 FEET; THENCE NORTH ONE DEGREE 50 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 200 . 00 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF SAID BOWES ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, NORTH 87 DEGREES 59 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 255 . 55; THENCE SOUTH 2 DEGREES 00 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 74 . 39 FEET; THENCE SOUTH 89 DEGREES 9 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 103 . 84 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WITH A RADIUS OF 100 . 00 FEET, FOR AN ARC DISTANCE OF 21 . 89 FEET, AND A CHORD WHICH BEARS NORTH 85 DEGREES 34 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 21 . 84 FEET, A DELTA ANGLE OF SAID CURVE BEING 12 DEGREES 32 MINUTES 24 SECONDS; THENCE NORTH 79 DEGREES 18 MINUTES 19 SECONDS WEST FOR A DISTANCE OF 40 . 53 FEET TO A PONT- OF-CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, WITH A RADIUS OF 100 . 00 FEET, FOR AN ARC DISTANCE OF 21 . 89 FEET, AND A CHORD WHICH BEARD NORTH 85 DEGREES 34 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 21 . 84 FEET, A DELTA ANGLE OF SAID CURVE BEING 12 DEGREES 32 MINUTES 24 SECONDS; THENCE SOUTH 88 DEGREES 9 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 20 . 92 FEET FOR A DISTANCE OF 20 . 92 TO A POINT-OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, WITH A RADIUS OF 20 . 00 FEET, FOR AN ARC e., DISTANCE OF 31 . 42 FEET, AND A CHORD WHICH BEARS SOUTH 43 DEGREES 9 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 28 . 28, DELTA ANGLE OF SAID CURVE BEING 90 DEGREES 00 MINUTES 00 SECONDS TO A POINT ON THE WEST LINE OF THE PARCEL DESCRIBED IN SAID DOCUMENT NUMBER 97K027558 ; THENCE SOUTH O1 DEGREE 50 MINUTES 43 SECONDS EAST FOR A DISTANCE OF 119 . 82 FEET TO THE POINT OF BEGINNING (SAID PROPERTY FUNCTIONING AS A COMMON ACCESS DRIVE TO SERVE 1100 RANDALL ROAD AND 2395 BOWES ROAD, ELGIN) . " Section 2 . That the development of Parcels 1 and 2 in the PAB Planned Area Business District as described in Section 1 shall be developed subject to the following provisions : A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide a planned commercial environment, subject to the provisions of Chapter 19 . 60 Planned Developments of the Elgin Municipal Code, 1976, as amended. 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. 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 development of Parcel 1 in the PAB zoning district as described in Section 1 shall be limited to a two story bank building with a drive-thru facility. ?P., The development of Lot 2 in the PAB Planned Area Business District as described in Section 1 shall be limited to a day care facility. F . Site Design. In this PAB zoning district, except as otherwise provided for herein, Parcel 1 as described in Section 1 shall be maintained as constructed. Any changes to the site in regards to parking, on-site circulation and landscaping will require an amendment to this ordinance . In this PAB zoning district, except as otherwise provided for herein, the development of Parcel 2 as described in Section 1 shall be subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose, Conformance, and Departure, which includes building elevations, prepared by KinderCare Learning Centers, Inc . undated. 2 Substantial conformance with Site Improvement Plan prepared by Marchris Engineering, Ltd. , dated 01/15/01, which includes Site Plan, Grading Plan, Erosion Control and Lighting Plan. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 3 . A five (5) foot sidewalk easement shall be provided on-site along the Bowes Road within Outlot A as provided in the Site Improvement Plan prepared by Marchris Engineering, Ltd, dated 01/15/01, as approved by the City Engineer A sidewalk shall be installed within the sidewalk easement on-site at the owner' s expense . The sidewalk shall be constructed according to the City of Elgin' s standard specifications for sidewalks . Outlot A shall be sodded and landscaped with trees in compliance with the Subdivision Regulations (Title 19) . 4 . The building shall consist of an all brick facade . The roof shall be pitched as indicated in the building elevation provided with the petitioner' s Statement of Purpose and Conformance . All mechanicals shall be screened. t4001 5 . Compliance with all other applicable codes and ordinances . G. Off-street Parking. In this PAB zoning district, the location and design of driveways on Parcel 1, Parcel 2 and Outlot A as described in Section 1 shall be in substantial conformance with the Site Improvement Plan prepared by Marchris Engineering, Ltd. , dated 01/15/01 . H. 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. I . 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. J. 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. An application for planned development may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. K. 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. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. L. 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. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. 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 all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. 4?� != Ed Schock, Mayor` Presented: June 13, 2001 Passed: June 13, 2001 Omnibus Vote: Yeas 6 Nays 0 Recorded: June 14, 2001 Published: Attest : �i" qn D-rAAIJI-- Dolonna Mecum, City Clerk