G78-01 Ordinance No. G78-01
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
AS PAB PLANNED AREA BUSINESS DISTRICT
(1700-1730 North State Street)
WHEREAS, the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to reclassify said
territory in the PAB Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law, the
Planning and Development 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.
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:
PROPOSED LOT 1 :
THAT PART OF LOT 2 IN MILLERSVILLE, BEING A
SUBDIVISION OF PART OF THE WEST HALF OF SECTION 34 ,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DUNDEE TOWNSHIP, IN KANE COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER
OF SAID LOT 2 ; THENCE SOUTH 88 DEGREES 26 MINUTES 11
SECONDS EAST, 172 . 30 FEET ALONG THE SOUTH LINE OF SAID LOT
2 TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 26
MINUTES 11 SECONDS EAST, 156 . 55 FEET ALONG THE SOUTH LINE
OF SAID LOT 2 ; THENCE NORTH 10 DEGREES O1 MINUTES 57
SECONDS EAST, 47 . 13 FEET ALONG AN EAST LINE OF SAID LOT 2 ;
THENCE SOUTH 81 DEGREES 06 MINUTES 15 SECONDS EAST, 73 . 09
FEET ALONG A SOUTHERLY LINE OF SAID LOT 2 ; THENCE NORTH 08
DEGREES 51 MINUTES 46 SECONDS EAST, 20 . 09 FEET ALONG AN
EASTERLY LINE OF SAID LOT 2 ; THENCE SOUTH 80 DEGREES 45
MINUTES 56 SECONDS EAST, 24 . 97 FEET ALONG A SOUTHERLY LINE
OF SID LOT 2 ; THENCE NORTH 09 DEGREES 26 MINUTES 08 SECONDS
EAST, 175 . 33 FEET ALONG AN EAST LINE OF SAID LOT 2 ; THENCE
NORTH 78 DEGREES 44 MINUTES 16 SECONDS WEST, 251 . 95 FEET;
THENCE SOUTH 09 DEGREES 46 MINUTES 57 SECONDS WEST 272 . 82
FEET TO THE POINT OF BEGINNING. CONTAINING 1 . 3 5 ACRES MORE
OR LESS .
PROPOSED LOT 2 :
THAT PART OF LOT 2 IN MILLERSVILLE, BEING A
SUBDIVISION OF PART OF THE WEST HALF OF SECTION 34 ,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DUNDEE TOWNSHIP, IN KANE COUNTY, ILLINOIS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2 ; THENCE
SOUTH 88 DEGREES 26 MINUTES 11 SECONDS EAST, 328 . 85 FEET
ALONG THE SOUTH LINE OF SAID LOT 2 ; THENCE NORTH 10 DEGREES
O1 MINUTES 57 SECONDS EAST, 47 . 13 FEET ALONG AN EASTERLY
LINE OF SAID LOT 2 ; THENCE SOUTH 81 DEGREES 06 MINUTES 15
SECONDS EAST, 73 . 09 FEET ALONG A SOUTHERLY LINE OF SAID LOT
2 ; THENCE NORTH 08 DEGREES 51 MINUTES 46 SECONDS EAST,
20 . 09 FEET ALONG AN EASTERLY LINE OF SAID LOT 2 ; THENCE
SOUTH 80 DEGREES 45 MINUTES 56 SECONDS EAST, 24 . 97 FEET
ALONG A SOUTHERLY LINE OF SAID LOT 2 ; THENCE NORTH 09
DEGREES 26 MINUTES 08 SECONDS EAST, 175 . 33 FEET ALONG AN
EASTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;
THENCE NORTH 09 DEGREES 26 MINUTES 08 SECONDS EAST, 140 . 41
FEET ALONG AN EASTERLY LINE OF SAID LOT 2 ; THENCE NORTH 78
DEGREES 44 MINUTES 16 SECONDS WEST, 251 . 04 FEET ALONG A
NORTHERLY LINE OF SAID LOT 2 ; THENCE SOUTH 09 DEGREES 46
MINUTES 57 SECONDS WEST, 140 . 39 FEET; THENCE SOUTH 78
DEGREES 44 MINUTES 16 SECONDS EAST, 251 . 95 FEET TO THE
POINT OF BEGINNING. CONTAINING 0 . 81 ACRES MORE OR LESS
PROPOSED LOT 3 :
THAT PART OF LOT 2 IN MILLERSVILLE, BEING A
SUBDIVISION OF PART OF THE WEST HALF OF SECTION 34 ,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DUNDEE TOWNSHIP, IN KANE COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER
OF SAID LOT 2 ; THENCE SOUTH 88 DEGREES 26 MINUTES 11
SECONDS EAST, 172 . 30 FEET; THENCE NORTH 09 DEGREES 46
MINUTES 57 SECONDS EAST, 413 .21 FEET; THENCE SOUTH 78
DEGREES 44 MINUTES 16 SECONDS EAST, 50 . 88 FEET; THENCE
NORTH 09 DEGREES 13 MINUTES 15 SECONDS EAST, 201 .43 FEET;
THENCE NORTH 79 DEGREES 02 MINUTES 40 SECONDS WEST, 323 . 14
FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 51 SECONDS WEST,
652 . 82 FEET TO THE POINT OF BEGINNING. CONTAINING 3 .45
ACRES MORE OR LESS (PROPERTY COMMONLY KNOWN AS 1700 - 1730
STATE ROUTE 31) . "
Section 2 . That the property described in Section 1 above
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 following enumerated "land uses"
[SR] shall be the only land uses allowed as a "permitted
use" [SR] , as a "conditional use" [SR] , or as a "similar
use" [SR] in the AB Area Business District .
Permitted Uses . The following enumerated land uses shall
be the only land uses allowed as a permitted use in this
PAB Planned Area Business District :
Services Division.
1 . "Car washes" [SR] (7542) .
p Retail Trade Division.
L�r 2 . Carryout restaurants (5812) .
3 . Convenience food stores, operated on a 24-hour
basis (5411)
4 . "Package liquor sales establishments" (SR) (5921) .
5 . Eating places (5812) .
Construction Division.
6 . "Contractors office and equipment areas" [SR]
(UNCL) .
Miscellaneous Uses Division.
7 . "Drive through facilities" [SR] , subject to the
provisions of Chapter 19 .45, Off-Street Parking.
8 . "Fences and walls" [SR] (UNCL) .
9 . "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, Off-Street Loading.
10 . "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, Off Street Parking.
11 . "Refuse collection area" [SRI .
12 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 35 Signs .
13 . "Temporary uses" [SR] (UNCL) .
14 . "Accessory structures" [SR] (UNCL) to the permitted
uses allowed in the AB Area Business District,
subject to the provisions of Section 19 . 12 . 500,
Accessory Structures and Buildings .
15 . "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in the AB Area Business District, subject
to the provisions of Section 19 . 10 .400, Component
Land Uses .
F. Site Design. In this PAB 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 . In this PAB District, the use
and development of land and structures shall also be
subject to the provisions of Chapter 19 . 35 .435, Site
Design (Area Business District) , of the Elgin Zoning
Ordinance . In this PAB District, the use and development
of land and structures shall be according to the above
with the exceptions as listed below:
1 . Section 19 .12 .300 Zoning Lots-Clarifications and
Exceptions - E. Principal Buildings per Zoning Lot.
Three principal buildings shall be allowed on this
zoning lot .
2 . Section 19 .12 .400 Setbacks - Clarifications and
Exceptions - D. Setbacks from a Private Street or
Driveway. In this zoning lot, the minimum building
setback from any driveway or private street shall
be 10 feet, and the minimum vehicle use area
setback from any driveway or private street shall
be 3 feet .
In this PAB zoning district, the use and development of
land and structures shall be subject to the following
conditions :
1 . Developer shall provide $2 , 500 to the City in
escrow for a period of three years from the date of
issuance of the first Certificate of Occupancy on
the subject property. If the City Engineer
determines that left-turn movements from the
subject property onto Tollgate Road are causing
traffic conflicts, then the city may draw from the
$2 , 500 to extend the concrete paveed median in
Tollgate Road.
2 . Provide a curbed landscape island directly south of
the State Street entrance drive . The island shall
be a minimum of 10 feet long (east-west) and 7 feet
wide (north-south) .
3 . Substantial conformance with the Statement of
Purposes, Conformance and Departures, submitted by
National Energy Properties, undated.
4 . Substantial conformance with the Development Plan,
consisting of the Site Arrangement Plan prepared by
Kurtz Associates Architects and dated January 2 ,
2001 ; C-Store Floor Plan, prepared by Kurtz
Associates Architects and dated January 2 , 2001; C-
Store Exterior Elevations, prepared by Kurtz
Associates Architects, and dated January 2 , 2001;
Car Wash Floor Plan, prepared by Kurtz Associates
Architects, and dated January 2 , 2001; Car Wash
Exterior Elevations, prepared by Kurtz Associates
Architects, and dated January 2 , 2001; Dunkin'
Donuts Floor Plan, prepared by Warren Johnson
Architects, and dated August 23 , 2000 ; Dunkin'
Donuts Exterior Elevations, prepared by Warren
Johnson Architects, Inc . , and dated August 23 ,
2000; Landscape Plan prepared by Couture Landscape
Construction, dated August 28, 2000 , and last
revised January 26, 2001; and Lighting Proposal
prepared by LSI Industries, and dated November 29,
2000 . Revisions shall be made thereto, if found
necessary, per the Department of Code
Administration and Development Services .
5 . No building permit shall be issued for the site
until it is verified that there is adequate sewer
capacity to serve the development .
6 . Compliance with all other applicable codes and
ordinances .
G. 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.
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.
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 this ordinance shall be full force and effect
immediately after its passage in the manner provided by law.
Sc oc , Mayor
Presented: December 5, 2001
Passed: December 5, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: December 6, 2001
Published:
Attest :
Dolonna Mecum, City Clerk
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