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G9-01 Ordinance No . G9-01 AN ORDINANCE REPEALING AN ORDINANCE AND RECLASSIFYING CERTAIN TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT, PCF PLANNED COMMUNITY FACILITY DISTRICT, AND THE PMFR PLANNED MULTIPLE FAMILY DISTRICT (2425 South Street / College Park Square) 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, PCF Planned Community Facility District, and the PMFR Planned Multiple Family Residence District; 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 Ordinance No. G52-94 , entitled "An Ordinance Classifying Certain Newly Annexed Territory (2425 South Street) " , passed September 28 , 1994 , was previously repealed. Section 2 . That Ordinance No . G52-94 Amended, entitled "An Ordinance Classifying Certain Newly Annexed Territory (2425 South Street) " , passed November 16, 1994 , was previously repealed. Section 3 . That Ordinance No. G48-95 , entitled " An Ordinance Amending an Approved Planned Development Plan for the Property Located at 325 South Randall Road" , passed July 12 , 1995, was previously repealed. Section 4 . That Ordinance No. G16-00, entitled " An Ordinance Repealing an Ordinance and Reclassifying Certain Territory in the PAB Planned Area Business District, PCF Planned Community Facility District, and the PMFR Planned Multiple Family District (2425 South Street / College Park Square) " , passed April 12 , 2000 , is hereby repealed. Section 5 . 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: LOT 1, LOT 2, AND LOT 3 OF COLLEGE PARK SQUARE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . " "The boundaries herein before laid out in the ` Zoning District Map' , as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: LOT 4 OF COLLEGE PARK SQUARE BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN. KANE COUNTY, ILLINOIS . " "The boundaries herein before laid out in the `Zoning District Map' , as amended, be and are hereby altered by including in the PMFR Planned Multiple Family District, the following described property: LOT 5 OF COLLEGE PARK SQUARE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS ." Section 6 . That the development of Lot 1, Lot 2 , and Lot 3 in the PAB Planned Area Business District as described in Section 4 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 Lot 1 in the PAB zoning district as described in Section 4 shall be limited to a two story bank building with a drive-thru facility. The development of Lot 2 in the PAB Planned Area Business District as described in Section 4 shall be limited to all the permitted uses in the AB Area Business District except : 1 . Second floor apartment dwellings . 2 . Automotive renting and leasing without drivers . 3 . Ballroom and dance hall operation. 4 . Motion picture theaters . 5 . Carry out restaurants . 6 . Drinking places . 7 . Liquor stores . 8 . Mobile home dealers . 9 . Motor vehicle dealers . 10 . Outdoor eating and drinking facilities . 11 . Used building materials . 12 . Amateur radio antennas . 13 . Radio and TV antennas . 14 . Satellite dish antennas . 15 . Drive thru facilities . The development of Lot 3 in the PAB zoning district as described in Section 4 shall be limited to a motor vehicle repair shop. The motor vehicle repair business for lot 3 shall not include major engine repair and installation work, major transmission repair and installation work, or automotive body/paint work. The motor vehicle repair business may include, but shall not be limited to, minor engine work (such as oil changes, tune ups, etc . ) , minor transmission work (such as transmission fluid changes, etc . ) , exhaust system work, tire work, glass/window work, air conditioner work, spring and strut work, wheel alignment work, generator and starter work, electrical, brake, and radiator work. C . Site Design. In this PAB zoning district, except as otherwise provided for herein, the development of Lot 1 as described in Section 4 shall be in substantial conformance with the bank site plan, prepared by Burnidge Cassell and Associates, dated July 8 , 1994, revised August 26, 1994 , and May 9, 1995, and the building floor plan and elevations, prepared by Fredericks, Basalay and Cary, dated March 21, 1995; as are contained within the document entitled "Amendment to College Park Square, Lot 1, First Federal Savings Bank" , as prepared by Burnidge Cassell Associates, dated May, 1995 and in compliance with all other codes and ordinances . In this PAB zoning district, except as otherwise provided for herein, the development of Lot 2 as described in Section 4 shall be subject to the following conditions; 1 . Substantial conformance with the Statement of O"" Purpose, Conformance, and Departures prepared by Scott Richmond, undated. 2 Substantial conformance with Site Plan prepared by R.R. Browne and Associates, Ltd. , dated 11/01/00 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 3 . Substantial conformance with the Exterior Elevations prepared by R.R. Browne and Associates, Ltd. , dated 11/01/00 . The front (west) elevation of the building shall be brick with drivet only used in the archways of the west facade . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 4 . Substantial conformance with the Landscape Plan prepared by R.R. Browne and Associates, Ltd. , dated 9/14/00 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . t 5 . Substantial conformance with the Lighting Plan prepared by R.R. Browne and Associates, dated 10/12/00 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 6 . A ten (10) foot sidewalk easement shall be provided on-site along the west property line . 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 . 7 . Provision of adequate monetary assurance for completion of pubic and private improvements to DePaul Drive as specified by the Engineering Division prior to issuance of a Certificate of Occupancy for the new building to be constructed on Lot 2 . 8 . Compliance with all other applicable codes and ordinances . /�► In this PAB zoning district, except as otherwise provided [ for herein, the development of Lot 3 as described in Section 4 shall be subject to the following conditions : 1 . Substantial conformance with the the Statement of Purpose, Conformance, and Departures prepared by Allen Anderson, dated 12/09/99 . 2 . A ten (10) foot sidewalk easement shall be provided on-site along the west property line . 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 . 3 . Substantial conformance with Site Plan prepared by R.R. Browne and Associates, Ltd. , dated 10/27/99, rev. l 12/21/99 . 4 . Substantial conformance with the Exterior Elevations prepared by R.R. Browne and Associates, Ltd. , dated 10/27/99, rev. l 12/21/99 . 5 . Substantial conformance with the Landscape Plan +�. prepared by R.R. Browne and Associates, Ltd. , dated 10/27/9, rev. l 12/21/99 . �► 6 . Three evergreen trees, measuring not less than six (6) feet in height, shall be located in place of and in exchange of the proposed three Winter King Hawthorn ornamental trees depicted on the Landscape Plan prepared by R.R. Browne and Associates, Ltd. , dated 10/27/9, rev. l 12/21/99 . 7 . Substantial conformance with the Lighting Plan prepared by RUUD Lighting, dated 12/08/99 . 8 . All mechanicals shall be totally screened. 9 . The ground sign shall consist of a base exterior similar to the building' s exterior wall facade . 10 . Compliance with all other applicable codes and ordinances . D. Off-street Parking. In this PAB zoning district, the location and design of driveways on Lot 1 as described in Section 4 shall be in substantial conformance with the bank site plan, prepared by Burnidge Cassell and Associates, dated July 8 , 1994 , revised August 26, 1994 , and May 9, 1995 . $ In this PAB zoning district, the location and design of driveways on Lot 2 as described in Section 4 shall be in substantial conformance with the Site Plan prepared by R.R. Browne and Associates, dated 11/01/00 . In this PAB zoning district, the location and design of driveways on Lot 3 as described in Section 4 shall be in substantial conformance with the Site Plan prepared by R.R. Browne and Associates, Ltd. , dated 10/27/99, rev. l 12/21/99 . 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 7 . That the property (Lot 4 ) in the PCF Planned Community Facility District as described in Section 4 shall be limited to open space . Section 8 . That the development of Lot 5 in the PMFR Planned Multiple Family District as described in Section 4 shall be developed subject to the following provisions : A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned environment for a townhome community, 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 PMFR 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. el► D. Zoning Districts - Generally. In this PMFR 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 PMFR 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) or as a "conditional use" (SR) in this PMFR zoning district : Permitted Uses. The following enumerated land uses shall be the only land uses allowed as permitted uses in this PMFR zoning district : Residence Division. 1 . "Multiple family dwellings" (SR) (UNCL) . 2 . "Residential garage sales" (SR) (UNCL) . 3 . "Residential occupations" (SR) (UNCL) . 4 . "Residential outdoor storage of firewood" (SR) (UNCL) . 5 . "Residential parking areas" (SR) (UNCL) . 6 . "Residential storage" (SR) (UNCL) . 7 . "Residential storage of trucks or buses" (SR) (UNCL) . Finance, Insurance, and Real Estate Division. 8 . "Development sales office" (SR) (UNCL) . Services Division. 9 . "Family residential care facility" (SR) (8361) . 10 . "Home child day care services" (SR) (8351) . Construction Division. 11 . "Contractors office and equipment areas" (SR) (UNCL) . Transportation, Communication, and Utilities Division. 12 . "Amateur radio antennas" (SR) (UNCL) . 13 . "Radio and television antennas" (SR) (UNCL) . 14 . "Satellite dish antennas" (SR) (UNCL) . 15 . "Treatment , transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL) . Miscellaneous Uses Division. 16 . "Fences and walls" (SR) (UNCL) . 17 . "Signs" (SR) (UNCL) , subject to the provisions of Chapter 19 . 50 , Signs . 18 . "Temporary uses" (SR) (UNCL) . 19 . "Accessory uses" (SR) (UNCL) , to the permitted uses allowed in this PMFR zoning district, subject to the provisions of Section 19 . 10 . 100, Component Land Uses . Conditional Uses. The following enumerated land uses shall be the only land uses allowed as conditional uses in this PMFR zoning district . Services Division. 1 . "Residential care facility" (SR) (8361) . Miscellaneous Uses Division. 2 . "Accessory uses" (SR) (UNCL) , to the conditional uses allowed in this PMFR zoning district, subject to the provisions of Section 19 . 10 . 100 , Component Land Uses . F. Site Design. In this PMFR zoning district, except as otherwise provided for herein, the development of land and structures shall be in substantial conformance with the Planned Development Plan prepared by Burnidge Cassell and Associates, dated November 4, 1993 , and revised April 20, 1994, May 6, 1994, July 8, 1994 , and August 26, 1994 . G. Off-street Parking. In this PMFR zoning district, the location and design of driveways shall be in substantial conformance with the Planned Development Plan prepared by Burnidge Cassell and Associates, dated November 4 , 1993 , and revised April 20, 1994 , May 6 , 1994 , July 8 , 1994 , and August 26 , 1994 . H. Off-street Loading. In this PMFR 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 PMFR 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 PMFR zoning district, the use and development of the land and structures shall be A`` subject to the provisions of Chapter 19 . 60, Planned Developments of the Elgin Municipal Code, 1976, as amended. K. Conditional Uses. In this PMFR 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 PMFR 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 9 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10 . That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: February 14, 2001 Passed: February 14, 2001 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 14, 2001 Published: Attest : Dolonna Mecum, City Clerk