G1-03 Ordinance No. G1-03
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT
THE EXPANSION OF THE PERMITTED USE LIST AND THE CONDITIONAL USE
LIST FOR PROPERTY IN THE CC1 CENTER CITY DISTRICT
(18 NORTH STATE STREET)
WHEREAS, written application has been made for a conditional use
for a planned development which will allow for the expansion of the
permitted use list and conditional use list in the CC1 Center City
District at 18 North State Street ; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted a
public hearing after due notice by publication and has submitted its
findings of fact .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That a conditional use for a planned development
which will allow for the expansion of the permitted use list and
conditional use list for property located at 18 North State Street
and legally described as follows :
rm. PARCEL ONE:
LOTS 9 AND 10 AND PART OF LOTS 7 & 8 IN BLOCK 29 OF
WILLIAM C . KIMBALL' S PLAT OF ELGIN, DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID BLCOK: THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID BLOCK, 132 FEET TO
THE SOUTHEAST CORNER OF LOT 10 ; THENCE WESTERLY ALONG THE
SOUTH LINE OF LOTS 10 AND 7 TO THE FORMERLY EASTERLY LINE
OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY
COMPANY, BEING THE EASTERLY LINE OF THE WESTERLY 20 FEET OF
SAID LOTS 7 & 8 ; THENCE NORTHERLY ALONG SAID EASTERLY LINE
TO THE NORTH LINE OF SAID BLOCK 29; THENCE EAST ON SAID
NORTH LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS .
PARCEL TWO:
THAT PART OF LOTS 5 & 6 IN BLOCK 29 OF THE ORIGINAL
TOWN OF ELGIN, ON THE WEST SIDE OF FOX RIVER, DESCRIBED AS
FOLLOWS : BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 5,
69 1/2 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT
5 ; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 5,
27 1/ FEET TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE
CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY 66 FEET TO THE
NORTHERLY LINE OF LOT 5 ; THENCE WESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT, 10 FEET; THENCE NORTHERLY ALONG
THE EASTERLY LINE OFSAID RIGHT OF WAY 17 FEET TO THE SOUTH
LINE OF LANDS CONVEYED TO THE BORDEN COMPANY BY WARRANTY
DEEDS RECORDED JANUARY 10, 1940, AS DOCUMENT 448001; THENCE
EASTERLY ALONG THE SOUTHERLY LIN EOF LANDS SO CONVEYED TO
THE BORDEN COMPANY TO A POINT 69 34 FEET WESTERLY FROM THE
EAST LINE OF LOTS 5 & 6; THENCE SOUTHERLY TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL THREE :
THAT PART OF LOT 6 IN BLOCK 29 OF THE ORIGINAL TOWN OF
ELGIN, ON THE WEST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS :
COMMENCING AT A POINT ON THE SOUTH LINE OF LOT 5 IN SAID
BLOCK 29, 69 WESTERLY FROM THE SOUTHEAST CORNER OF SAID
LOT 5 : THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID
LOTS 5 & 6 , 83 . 20 FEET FOR THE POINT OF BEGINNING: THENCE
CONTINUING NORTHERLY ON A LINE PARALLEL TO THE EASTERLY
LINE OF SAID LOT 6, 48 . 80 FEET TO THE NORTHERLY LINE OF
SAID LOT 6, THENCE WESTERLY ALONG THE NORTHERLY LINE OF
SAID LOT 6, 37 FEET MORE OR LESS TO THE FORMERLY EASTERLY
LINE OF THE RIGHT OF WAY FOR THE CHICAGO AND NORTHWESTERN
RAILWAY COMPANY; THENCE SOUTHERLY ALONG THE EASTERLY LINE
OF SAID RIGHT OF WAY, 49 FEET; THENCE EASTERLY TO THE POINT
OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL FOUR:
THAT PART OF LOTS 1, 6 , 7 & 8 IN BLOCK 29 OF THE
ORIGINAL TOWN OF ELGIN , ON THE WEST SIDE OF THE FOX RIVER,
DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE
NORTHERLY LINE OF SAID LOT 1, A DISTANCE 1 FOOT WESTERLY
FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID LOT 1 , A DISTANCE
OF 63 . 75 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY
LINE OF SAID LOTS 1 AND 8 , A DISTANCE OF 4 . 68 FEET TO THE
EASTERLY FACE OF AN EXISTING RETAINING WALL; THENCE
SOUTEASTERLY ALONG THE EASTERLY PACE OF SAID RETAINING WALL
38 . 8 FEET TO A POINT 13 FEET EASTERLY, AT RIGHT ANGLES,
FROM THE WESTERLY LINE OF SAID LOT7 THENCE SOUTHERLY
PARALLEL WITH THE WESTERLY LINE OF SAID LOT 7, A DISTANCE
OF 32 . 5 FEET TO THE NORTHERLY LINE OF SAID LOT 6; THENCE
CONTINUING SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 6, A DISTANCE OF 49 FEET; THENCE EASTERLY PARALLEL
WITH THE NORTERLY LINE OF SAID LOT 6, A DISTANCE OF 12
FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 6, A DISTANCE OF 49 FEET TO THE NORTHERLY LINE OF
SAID LOT 6 ; THENCE WESTERLY ALONG THE NORTHERLY LINE OF
SAID LOT 6, A DISTANCE OF 5 FEET TO A POINT 20 FEET
EASTERLY, AT RIGHT ANGLE, FROM THE WESTERLY LINEOF SAID LOT
7 & 8, A DISTANCE OF 184 . 1 FEET MORE OR LESS TO THE
NORTHERLY LINE OF SAID LOT 8 ; THENCE WESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 8 A DISTANCE OF 21 FEET TO THE
POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS . (PROPERTY COMMONLY KNOWN AS 18 NORTH STATE
STREET, ELGIN. )
be and is hereby granted subject to the following conditions :
I . SUPPLEMENTARY REGULATIONS
Any word or phrase contained within this ordinance 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 EMC. The exclusion of such
symbol shall not exempt such word or phrase from the applicable
supplementary regulation.
II . LAND USE
For this conditional use established by this ordinance, the only
land uses allowed shall be those permitted and conditional land
uses allowed in the CC1 Center City District, and the following
additional land uses upon review and approval by the Development
Administrator. The Development Administrator shall review the
uses on a case-by-case basis to determine the adequacy of the
existing or proposed facilities on the subject property relative
to the characteristics of the intended land use . The
characteristics of the intended land use shall include, but are
not limited to, the function and operation of the land use, and
the anticipated impact on the traffic and parking in the area
immediately surrounding the subject property.
If the Development Administrator determines that the
characteristics of the intended land use are incompatible with
the existing or proposed facilities, or that the existing
facilities are inadequate for establishment of the use on the
subject property pursuant to the review process outlined above,
the property owner can seek conditional use approval for the
intended use pursuant to Section 19 . 65 of the Elgin Municipal
Code .
A. The following enumerated land uses shall be the only
additional land uses allowed as a permitted use subject
to the review and approval by the Development
Administrator:
1 . Offices Division:
"Offices" [SR] (UNCL) .
2 . Finance, Insurance, And Real Estate Division:
"Development sales offices" [SR] (UNCL) .
Finance, insurance and real estate (H) .
3 . Services Division:
/1.1. Advertising (731) .
Armored car service (7381) .
Carpet and upholstery cleaning agents without plants
on the premises (7217) .
Carpet or rug cleaning, dying, and/or repairing
plants (7217) .
Commercial , economic, sociological , and educational
research (8732) .
Commercial physical and biological research (8731) .
Computer programming, data processing, and other
computer-related services (737) .
Computer rental and leasing (7377) .
Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies (732) .
Detective and guard services (7381) .
��.. Dry-cleaning plants (7216) .
Electrical and electronic repair shops (7622) .
Engineering, accounting, research, management, and
related services (87) .
Home health care services (808) .
Industrial launderers (7218) .
Job training and vocational rehabilitation services
(833) .
Legal services (811) .
Libraries (823) .
Linen supply (7213) .
Mailing, reproduction, commercial art and
photography, and stenographic services (733) .
Management and public relations services (874) .
Medical and dental laboratories (807) .
Membership organizations (86) .
Miscellaneous equipment rental and leasing (735) .
Motion picture distribution and allied services
(782) .
Motion picture production and allied services (781) .
News syndicates (7383) .
Noncommercial research organizations (8733) .
Offices and clinics of dentists (802) .
Offices and clinics of doctors of medicine (801) .
Offices and clinics of doctors of osteopathy (803) .
Offices and clinics of other health practitioners
(804) .
Other schools and educational services (829) .
Outdoor advertising services (7312) .
Personnel supply services (736) .
Photofinishing laboratories (7384) .
Physical fitness facilities (7991) .
eak
Power laundries (7211) .
Professional sports operators and promoters (7941) .
Refrigerator and air-conditioning service and repair
(7623) .
Reupholstery and furniture repair (764) .
Security systems services (7382) .
Services to dwellings and other buildings (734) .
Tax return preparation services (7291) .
Testing laboratories (8734) .
Theatrical producers (792) .
Vocational schools (824) .
Watch, clock, and jewelry repair (763) .
Welding repair (7692) .
I 4 . Retail Trade Division:
Auction rooms (5999) .
Automatic merchandising machine operators (5962) .
Catalog and mail-order houses (5961) .
Direct selling establishments (5963) .
5 . Agricultural Division:
Crop services (072) .
Farm labor and management services (076) .
Landscape counseling and planning (0781) .
Lawn and garden services (0782) .
Soil preparation services (071) .
6 . Construction Division:
Building construction - general contractors and
operative builders (15) .
Construction - special trade contractors (17) .
"Contractor ' s office [SR] (UNCL) .
7 . Manufacturing Division:
Apparel and other finished products made from
fabrics and similar materials (23) .
Computer and office equipment (357) .
Electronic and other electrical equipment and
components (3 6) .
Fabricated metal products (34) .
Furniture and fixtures (25) .
Industrial and commercial machinery and equipment
(35) .
Leather and leather products (31) .
Lumber and wood products (24) .
Measuring, analyzing, and controlling instruments;
photographic, medical , and optical goods; and
watches and clocks (38) .
Primary metal industries (33) .
Printing, publishing, and allied industries (27) .
Rubber and miscellaneous plastics products (30) .
Stone, clay, glass and concrete products (32) .
Textile mill products (22) .
Tobacco products (21) .
Transportation equipment (37) .
8 . Wholesale Trade Division:
Apparel piece goods and notions (513) .
Beer, wine and distilled alcoholic beverages (518) .
Chemicals and allied products (516) .
Drugs, drug proprietaries and druggists ' sundries
(512) .
Electrical goods (506) .
Furniture and home furnishings (502) .
Groceries and related products (514) .
Hardware, and plumbing and heating equipment and
supplies (507) .
Lumber and other construction materials (503) .
Machinery, equipment, and supplies (508) .
Metals and minerals, except petroleum (505) .
Motor vehicles and motor vehicle parts and supplies
(501) .
Paper and paper products (511) .
Petroleum and petroleum products (517) .
Professional and commercial equipment and supplies
(504) .
9 . Transportation, Communication And Utilities
Division:
"Amateur radio antennas" [SR] (UNCL) .
Arrangement of passenger transportation (472) .
Arrangement of transportation of freight and cargo
(473) .
Branch United States post offices (4311) .
Bus charter service operators offices (414) .
Cable and other pay television services (484) .
"Commercial antenna tower" [SR] (UNCL) .
"Commercial antennas and antenna structures mounted
Pis" on existing structures" [SR] (UNCL) .
Communication services not elsewhere classified
(489) .
Courier services (4215) .
Intercity and rural bus transportation operators '
offices (413) .
Local and suburban passenger transportation
operators ' offices (411) .
Natural gas transmission and distribution (4922)
(4924) .
Packing and crating (474) .
Public warehousing and storage (422) .
"Radio and television antennas" [SR] (UNCL) .
Radio and television broadcasting stations (483) .
Railroad operators ' offices (401) .
"Satellite dish antennas" [SR] (UNCL) .
School bus operators ' offices (415) .
Taxicab operators ' offices (412) .
Telegraph and other message communications (482) .
Telephone communications (481) .
"Treatment, transmission and distribution
facilities : poles, wires, cables, conduits,
laterals, vaults, pipes, mains and valves" [SR]
(UNCL) .
10 . Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted
uses allowed in the GI General Industrial District,
subject to the provisions of Section 19 . 12 . 500 of
this Title .
"Accessory uses" [SR] (UNCL) to the permitted uses
allowed in the GI General Industrial District to the
provisions of Section 19 . 10 . 400 of this Title .
"Fences and walls" [SR] (UNCL) .
"Loading facilities" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
e GI General Industrial District, subject to the
provisions of Chapter 19 .47 of this Title .
"Parking lots" [SR] (UNCL) , exclusively "accessory"
[SR] to a permitted use allowed in the GI General
Industrial District, subject to the provisions of
Chapter 19 .45 of this Title .
"Parking structures" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
GI General Industrial District, subject to the
provisions of Chapter 19 .45 of this Title.
"Refuse collection area" [SR] .
"Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 50 of this Title .
"Temporary uses" [SR] (UNCL) .
B . Conditional Uses : The following enumerated land uses shall
be the only additional land uses allowed as a conditional
use subject to the review and approval by the Development
Administrator:
1 . Municipal Services Division:
"Municipal facilities" [SR] (UNCL) on a zoning lot
containing less than two (2) acres of land.
2 . Public Administration Division:
Public administration (J) on a zoning lot containing
less than two (2) acres of land.
3 . Services Division:
Automobile proving and testing grounds (8734) .
Child daycare services (835) .
Individual and family social services (832) .
4 . Retail Trade Division:
Carryout restaurants (5812) .
Drinking places (alcoholic beverages) (5813) .
Eating places (5812) .
"Outdoor eating and drinking facilities" [SR]
(UNCL) .
5 . Mining Division
Temporary mining (UNCL) .
dim
6 . Manufacturing Division:
G
Chemicals and allied products (28) .
Food and kindred products (20) .
Paper and allied products (26) .
7 . Wholesale Trade Division:
"Recycling center" [SR] (5093) .
8 . Transportation, Communication And Utilities
Division:
"Conditional commercial antenna tower" [SR] (UNCL) .
"Conditional commercial antennas and antenna
structures mounted on existing structures" [SR]
(UNCL) .
Heliports (458) .
"Other radio and television antennas" [SR] (UNCL) .
"Other satellite dish antennas" [SR] (UNCL) .
Pipelines, except natural gas (461) .
Railroad tracks (401) .
Refuse systems (4953) .
"Treatment, transmission and distribution
facilities : equipment, equipment buildings, towers,
exchanges, substations, regulators" [SR] (UNCL) .
Water transportation (44) .
9 . Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the
conditional uses allowed in the GI General
Industrial District, subject to the provisions of
Section 19 . 12 . 500 of this Title .
"Accessory uses" [SR] (UNCL) to the conditional uses
allowed in the GI General Industrial District,
subject to the provisions of Section 19 . 10 . 400 of
the EMC.
Accessory package liquor sales establishment" [SR]
(UNCL) .
eigk
"Master signage plan" [SR] , subject to the
provisions of Chapter 19 . 50 of the EMC.
"Parking lots" [SR] (UNCL) , subject to the
rik provisions of Chapter 19 . 45 of the EMC.
"Parking structures" [SR] , subject to the provisions
of Chapter 19 . 45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot
containing less than two (2) acres of land, subject
to the provisions of Chapter 19 . 60 of the EMC.
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of Purpose and
Conformance submitted by Kurt Kresmery, dated
September 27th, 2002 .
2 . Substantial conformance to the Site Plan, prepared by the
Community Development Group, dated October 30 , 2002 .
3 . No more than one employee for every 2 , 000 square feet of
floor area. All employee parking to be contained entirely
on site on an improved off-street parking space .
4 . No more than one truck dock will be allowed on the subject
site . No truck stacking will be allowed. No more than
five deliveries by semi trailer or other delivery truck
will be allowed per day. No deliveries will be allowed
between 7 : 00 am to 9 : 00 am and 3 : 00 pm to 6 : 00 pm.
5 . Compliance with all other applicable codes and ordinances .
Section 2 . That the conditional use granted herein shall expire
if not established within one year from the date of passage of this
ordinance .
Section 3 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by law.
A/
AO
z
Ed Schock, Mayor
Presented: January 8, 2003
Passed: January 8, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: January 9, 2003
Published:
Attest :
Dolonna Mecum, City Clerk