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G88-04 rik Ordinance No. G88-04 AN ORDINANCE RECLASSIFYING PROPERTY FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (400-450 Airport Road) WHEREAS, written application has been made to reclassify certain property located at 400-450 Airport Road from AB Area Business District to PAB Planned Area Business District; 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 "Official Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by radding 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 One: The part of lot 3 in Elgin O'Hare Business Center, being a subdivision of part of the south 1/2 of section 32, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded in the recorder' s office of Kane County, Illinois, on September 24, 1984 as document 1696369, described as follows: commencing at the north east corner of said lot 3; thence south 35 degrees, 22 minutes, 12 seconds east along the easterly line of said lot 3, a distance of 417.61 feet; thence south 54 degrees 38 minutes 25 seconds west, a distance of 37.14 feet to the point of beginning; thence continuing south 54 degrees 38 minutes 25 seconds west, a distance of 310.90 feet to a point on a line that is 348.96 feet southwesterly of as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence south 35 degrees 22 minutes 12 seconds east; along said parallel line, a distance of 143.17 feet to the point where said parallel line intersects a line that is perpendicular to the aforesaid easterly line of lot 3 at a point 560.72 feet southeasterly of(measured along the aforesaid easterly line of lot 3) the north east corner of said lot 3; thence south 54 degrees 37 minutes 48 seconds west along said perpendicular line, a distance of 315.48 feet; thence north 89 degrees 36 minutes 29 seconds west, a distance of 125.93 feet to a point on a line that is 765.72 feet southwesterly of as measured at right angles and parallel with aforesaid easterly line of lots 3 thence north 35 degrees 22 minutes 12 seconds west, along said parallel line, a distance of 340.64 feet; thence northerly along a curve to the right having a radius of 199.08 feet (the chord of said curve bears north 02 degrees 58 minutes 01 seconds west) an arc distance op 59.04 feet thence north 05 degrees 31 minutes 44 seconds east, tangent to the last described curve, a distance of 55.0 feet; thence northerly and northeasterly along a curve., to the right having a radius of 145.52 feet and being tangent to the last described curve, a distance of 180.97 feet; thence northerly along a curve to the left having a radius of 25.0 feet and being a tangent to the last described course, a distance of 39.27 feet to a point on a line that is 302.22 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence north 35 degrees 22 minutes 12 seconds west along said parallel line, tangent to the last described curve, a distance of 151.17 feet to the northerly line of said lot 3; thence easterly along said northerly line, being along a curve to the right having a radius of 580.0 feet, a distance of 320.40 feet; thence south 89 degrees 21 minutes 30 seconds east, along the northerly line of said lot 3 and tangent to the last described curve, a distance of 59.52 feet to a point on a line that is parallel with the aforesaid easterly line of lot 3 and which passes through the point beginning; thence south 35 degrees 22 minutes 12 seconds east, along said parallel line, a distance of 444.61 feet to the point op beginning, situated in the city of Elgin, Kane County, Illinois. Parcel Two: easement for ingress and egress, appurtenant to and for the benefit of parcel one as created in the deed from LaSalle National Bank, trustee number 108124 to the may department stores company dated June 5, 1985 and recorded June 5, 1985 as document 1124538, over the land described therein. Parcel Three: easements appurtenant to and for the benefit of parcel one as created, limited and defined, and as more fully described in the construction, operation and reciprocal easement agreement dated May 13, 1985 and recorded June 6, 1985 in the recorder's office of Kane County, Illinois as document 1724539 made by LaSalle National Bank, as trustee under trust agreement dated may 3, 1984 known as trust number 108124 an Elgin joint venture, and the may department stores company in the land described therein. Parcel Four: perpetual, non-exclusive easements for shopping center signs appurtenant to and for the benefit of parcel one, as created, limited and defined, and as more fully described in paragraph 3.7 of the declaration of covenants, easements, conditions and restrictions for Elgin-O'Hare Business Center dated June 8, 1984 and recorded June 12, 1984 in the recorder's office of Kane County, Illinois as document 1683574. Parcel Five: that lot 3 in Elgin-O'Hare Business Center, being a subdivision of part of the south half of section 34, township 42 north, range 8 east of the third 2 principal meridian, according to the plat thereof recorded in the recorder's office of Kane County, Illinois on September 24, 1984, as document no. 1696369, described as follows: commencing at the northeast corner of said lot 3; thence south 35 degrees 22 minutes 12 seconds east, along the easterly line of said lot 3, a distance of 417.61 feet; thence south 54 decrees 35 minutes 25 seconds west, a distance of 37.16 feet; thence continuing south 54 `degrees 38 minutes 25 seconds west, a distance 310.90 feet to a point on a line that is 348.06 feet southwesterly of, as measured at right angles, as parallel with the aforesaid easterly line of lot 3; thence south 35 degrees 22 minutes 12 seconds east, along said parallel line, a distance or 143.17 feet to the point where said parallel line intersects a line that is perpendicular to the aforesaid easterly line of lot 3 at a point 560.72 feet southeasterly of (measured along the aforesaid easterly line of lot 3) the northeast corner of said lot 3; thence south 54 degrees 37 minutes 48 seconds west, along said perpendicular line, a distance of 315.48 feet; thence north 89 degrees 36 minutes 29 seconds west, a distance of 125.93 feet to a point on a line that is 765.72 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence north 35 degrees 22 minutes 12 seconds west, along said parallel line, a distance of 340.64 feet; thence northerly, along a curve to the right having a radius of 199.08 feet (the chord of said curve bears north 02 degrees 58 minutes 01 seconds west), an arc distance of 59.04 feet; thence north o5 degrees 31 minutes 46 seconds east, tangent to the last described curve, a distance of 55.00 feet; thence northerly and northeasterly, along a curve to the right having a radius Of 145.52 feet and being tangent to the last described course, a distance of 124.71 feet; thence north 54 degrees 37 minutes 48 seconds east, tangent to the last described curve, a distance of 96.95 feet, for the point of beginning; thence continuing north 54 degrees 37 minutes 48 seconds east, a distance of 84.02 feet; thence northerly, along a curve to the left having radius of 25.00 feet and being tangent to the last described course, a distance of 39.27 feet to a point on a line that is 382.22 feet southwesterly of as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence north 35 decrees 22 minutes 12 seconds west, along said parallel line, tangent to the last described curve, a distance of 151.17 feet to the northerly line of said lot 3; thence westerly, along said northerly line, being along a curve to the left having a radius of 580.00 feet, tangent to the last described curve, an arc distance op 67.83 feet; thence westerly, along said northerly line being along a curve to the left, having a radius of 424.47 feet, tangent to the last described curve, an arc distance of 66.66 feet to the intersection with a curve to the right, having a radius of 533.93 feet and passes through the aforesaid point of beginning; thence southerly, along a curve to the right, having a radius of 533.93 feet, chord bearing of south 43 degrees 43 minutes 30 seconds east, an arc distance of 171.99 feet to the point of beginning being situated in the city of Elgin, Kane County, Illinois. Parcel Six: lot 3 in Elgin-O'Hare Business Center, being a subdivision of part of the south half of section 31, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded in the recorder's office of Kane County, Illinois, on September 24, 1984 as document 1696369 (except that part described as follows: commencing at the North east corner of said lot 3; thence 3 rimk south 35 degrees, 22 minutes, 1 second east along the easterly line of said lot 3, a distance of 417.61 feet; thence south 54 degrees, 38 minutes, 25 seconds west, a distance of 37.16 feet for the point of beginning; thence continuing south 54 degrees, 38 minutes, 25 seconds west, a distance of 310.90 feet to a point on a line that is 348.06 feet southwesterly of, as measured at right angles and parallel with the aforesaid easterly line of lot 3; thence south 35 degrees, 22 minutes, 12 seconds east, along said parallel line, a distance of 143.17 feet to the point where said parallel line intersects a line that is perpendicular to the aforesaid easterly line of lot 3 at a point 560.72 feet southeasterly of(measured along the aforesaid easterly line of lot 3) the north east corner 0 said lot 3; thence south 54 degrees, 37 minutes, 48 seconds west, along said perpendicular line, a distance of 315.48 feet; thence north 89 degrees. 36 minutes, 29 seconds west, a distance of 125.93 feet to a point on a line that is 765.72 feet southwesterly of, as measured at right angles and parallel with the aforesaid easterly line of lot 3; thence north 35 degrees, 22 minutes, 12 seconds west, along said parallel line, a distance of 340 .64 feet; thence northerly along a curve to the right having a radius of 199.08 feet (the chord of said curve bears north 02 degrees, 58 minutes, 01 seconds west) an arc distance of 59.04 feet; thence north 05 degrees, 31 minutes, 46 seconds east, tangent to the last described curve, a distance of 55.0 feet; thence northerly and northeasterly along a curve to the right having a radius of 145.52 feet and being tangent to the last described course, a distance of 124.71 feet; thence north 54 degrees 37 minutes, 48 seconds east, tangent to the last described curve, a distance of 180.97 feet; thence northerly along a curve to the left having a radius of 25.0 feet and being tangent to the last described course, a distance of 39.27 feet to a point on a line that is 382.22 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence north 35 degrees, 22 minutes, 12 seconds west along sate parallel line, tangent to the last described curve, a distance of 151.17 feet to the northerly line of said lot 3; thence easterly along said northerly line, being along a curve to the right having a radius of 580.0 feet, a distance of 320.40 feet; thence south 89 degrees, 21 minutes, 30 seconds east, along the northerly line of said lot 3 and tangent to the last described curve, a distance of 59.52 feet to a point on a line that is parallel with the aforesaid easterly line of lot 3 and which passes through the point of beginning; thence south 35 degrees, 22 minutes, 12 seconds east, along said parallel line, a distance of 444.61 feet to the point of beginning in the city of Elgin, Kane County, Illinois. Parcel Seven: the perpetual, non-exclusive easements for streets and roads, utilities, storm water sewers and detention, signage, and additional maintenance area; all appurtenant to and for the benefit of parcel one as created, granted, defined and limited by declaration of covenants, easements, conditions and restrictions for Elgin-O'Hare Business Center made by LaSalle National Bank, a national banking association, as trustee under trust agreement dated august 3, 1978 and known as trust number 54810, dated June 8, 1984 and recorded June 12, 1984 as document 1683574; as amended by the first amendment thereto dated April 17, 1986 and recorded May 7, 1986 as document 1770129; over, under and across the following described land: that part of section 34, township 42 north, range 8 east of the third 4 principal meridian, described as follows: commencing at the north east corner of the south east quarter of said section 34; thence north 89 degrees, 27 minutes, 18 seconds west, along the north line of said south east quarter, a distance of 660.00 feet for the point of beginning; thence south 89 degrees, 27 minutes, 18 seconds east, along said north line, a distance of 660.00 feet to the east line of said south east quarter; thence south 00 degrees, 17 minutes, 38 seconds east along said east line, a distance of 1823.74 feet 70 a point that is 830.59 feet northerly of (as measured along said east line) the south east corner of said south east quarter; thence north 89 degrees, 17 minutes, 42 seconds west, a distance of 576.00 feet. Along a line that is parallel with a line drawn westerly(this line hereafter referred to as line "a") from a point on the east line of said south east quarter that is 74.30 feet northerly of (as measured along said east line) the south east corner of said south east quarter to a point (this point hereafter referred to as point "b") on the west line extended northerly of the north west quarter of section one, township 41 north, range 8 east of the third principal meridian that is 78.60 feet northerly of (as measured along said west line extended northerly) the north west corner of said north west quarter; thence south 00 degrees, 17 minutes, 38 seconds east, parallel with the east line of said south east quarter of section 34, a distance of 755.29 feet to the aforesaid line "a"; thence north 09 degrees, 17 minutes, 42'seconds west, along said line "a", a distance of 939.48 feet to the aforesaid point "b"; thence north 89 degrees, 26 minutes, 37 seconds west, a distance of 966.65 feet to a point that is 78.93 feet northerly of a point on the south line of said south east quarter that is 155.93 feet easterly of(as measured along said south line) the south west corner of said south east quarter; thence north 83 degrees, 33 minutes, 33 seconds west, a distance of 154.85 feet to existing iron stake, as per document no. 847720, that is 94.93 feet northerly to the south west corner of said south east quarter, as measured along a line (this line and it's northerly extension thereof hereafter referred to as line "c") that bears north 04 degrees, 05 minutes, 00 seconds east from said south west corner; thence north 57 degrees, 02 minutes, 39 seconds west, a distance of 364.15 feet to an existing iron stake, per document 847720; thence north 34 degrees, 40 minutes, 50 seconds west, a distance of 503.57 feet to an existing iron stake, per document 847720; thence north 25 degrees, 19 minutes, 30 seconds west, a distance of 634.80 feet to an existing iron stake, per document 847720; thence north 07 degrees, 53 minutes, 59 seconds east, a distance of 875.68 feet to the south west corner of lot s said miller's hangers, being a subdivision of part of said section 34; thence south 89 degrees, 21 minutes, 30 seconds east, along the south line of said lot 5, a distance of 300.0 feet to the south east corner 6 of said lot 5; thence north 07 degrees, 53 minutes, 59 seconds east, along the east line of said lot 5, a distance of 200.0 feet to the south east corner of lot 4 of said miller's hangars; thence north 89 degrees, 21 minutes, 30 seconds west, along the south line of said lot 4, a distance of 300.0 feet to the south west corner. Of said lot 4; thence north 07 degrees, 53 minutes 59 seconds east, along the west line of said lot 4, a distance of 150.0 feet to the north west corner of said lot 4; thence south 89 degrees, 21 minutes, 30 seconds east, along the north line of said lot 4 and along the south line of a private road as shown on the plat of said miller's hangars, a distance of 490.86 to the north west corner of the taxi strip easement as shown on said plat of miller's 5 hangars; thence south 04 degrees, 05 minutes, 00 seconds west, along the west line of said easement, a distance of 70.13 feet to the south west corner of said easement; thence south 89 degrees, 21 minutes, 30 seconds east, along the south line of said easement, a distance of 375.0 feet to the south east corner of said easement, said corner being on the aforesaid line "c " and at a distance of 2421.22 feet (record being north 04 degrees, 05 minutes, 00 seconds, east 2421.44 feet) from the south west corner of said south east quarter. Of section 34; thence north 04 degrees, 05 minutes, 00 seconds east, along the aforesaid line "c" and being along the east line of said easement and along the east line of lot 1 of said miller's hangars and along said east line extended northerly of lot 1, a distance op 559.16 feet to a point on a line that forms an angle of 10 degrees, 19 minutes, 11 seconds (record being 10 degrees, 19 minutes, 00 seconds), with the north line of said south east quarter of section thirty-four, measured from west to north at the point of beginning; thence south 79 degrees, 05 minutes, 07 seconds east, along said described line, a distance of 1789.25 feet to the point of beginning, except that part falling in parcel one, being situated in the city of Elgin, Kane County, Illinois. Parcel Eight: the perpetual, non-exclusive easements for use of common area for ingress, egress, access, parking and other permitted purposes, utility facilities, construction, maintaining common foundations, and self-help; all appurtenant to and for the benefit of parcel one as created, granted, defined, and limited by the construction operation and reciprocal easement agreement dated May 13, 1985 and recorded June 6, 1985 in the recorder's office of Kane County, Illinois as document 1724539 made by and among LaSalle National Bank as trustee under trust agreement dated May 30, 1984 and known as trust number 108124, Elgin Joint Venture, MSA Realty Corporation and the May Department Stores Company; as modified by first amendment thereto dated October 24, 1985, and recorded November 19, 1985, as document 1747418, in, over, under and across the land described as lot 3 in Elgin O'Hare Business Center, being a subdivision of part of the south half of section thirty-four, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded in the recorder's office of Kane County, Illinois, on September 24, 1984 as document 1696369, except that part falling within parcel one, being situated in the City of Elgin, Kane County, Illinois Parcel Nine: a perpetual, non-exclusive easement for drainage, appurtenant to and for the benefit of parcel one as created, granted, defined, and limited by the plat of subdivision of Elgin-O'Hare Business Center recorded on September 24, 1984 as document 1696369 in the recorder's office of Kane County, Illinois, in, over, under and across a portion of lot 4 of said Elgin-O'Hare Business Center as shown on said flat of subdivision. Parcel Ten: that part of lot 3 in Elgin Business Center, being a subdivision of part of the south half of section 34, township 42 north, range 8 east of the third 6 principal meridian, according to the plat thereof recorded in the recorder's office of Kane County, Illinois on September 24, 1984, as document no. 1696369, described as follows: commencing at the northeast corner of said lot 3; thence south 35 degrees 22 minutes 12 seconds east, along the easterly line of said lot 3, a distance of 417.61 feet; thence south 54 degrees 38 minutes 25 seconds west, a distance of 37.16 feet; thence continuing south 54 degrees 38 minutes 25 seconds west, a distance 310.90 feet to a point on a line that is 348.06 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3 this line hereafter referred to as line "a"; thence north 35 decrees 22 minutes 12 seconds east, along said line "a", a distance of 60.82 feet thence south 54 degrees 37 minutes 48 seconds west, at right angles to the last described line, a distance of 131.51 feet to a point on a line that is 479.57 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3 for the point Of beginning; thence north 54 degrees 37 minutes 48 seconds east, a distance of 131.51 feet to the aforesaid line "a"; thence south 35 degrees 22 minutes 12 seconds east, along said line "a", a distance of 203.99 feet to the point where said parallel line intersects a line that is perpendicular to the aforesaid easterly line of lot 3 at a point 560.72 feet southeasterly of(measured along the aforesaid easterly line of lot 3) the northeast corner of said lot 3; thence south 54 degrees 37 minutes 48 seconds west, along said perpendicular line, a distance of 315.48 feet; thence north 89 degrees 36 minutes 29 seconds west, a distance of 125.93 feet to a point on a line that is 765.72 feet southwesterly of, as measured at right angles, and parallel with the aforesaid easterly line of lot 3; thence north 35 degrees 22 minutes 12 seconds west, along said parallel line, a distance of 340.64 feet; thence northerly, along a curve to the right having a radius of 199.08 feet (the chord of said curve bears north 02 degrees 58 minutes 01 seconds west). An arc distance of 59.04 feet; thence north 05 degrees 31 minutes 46 seconds east tangent to the last described curve, a distance of 55.00 feet; thence northerly and northeasterly, along a curve to the right having a radius of 145.52 feet and being tangent to the last described course, a distance of 124.71 feet; thence north 54 degrees 37 minutes 48 seconds east, tangent to the last described curve, a distance of 108.62 feet, to the intersection with a line that is parallel with the aforesaid easterly line of lot 3 and passes through the aforesaid point of beginning; thence south 35 decrees 22 minutes 12 seconds east, along said parallel line, a distance of 351.72 feet to the point of beginning being situated in the city of Elgin, Kane County, Illinois (property commonly known as 400-450 airport road). Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter 19.60 of this title. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. 7 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. Location and Size of District. This PAB zoning district is located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. 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] in this PAB District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, And Real Estate Division: Check-cashing agencies (6099). "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 8 5. Services Division: Advertising (731). Armored car service (7381) Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Billiard parlors (7999). Bingo parlors (7999). Carpet and upholstery cleaning agents without plants on the premises (7217). Churches, convents, monasteries and temples (8661) Coin-operated laundries and dry cleaning (7215). 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). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Fortunetellers (7999). 9 Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). fek Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motion picture theaters (7832). 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). 10 Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair(7623). Reupholstery and furniture repair(764). Security systems services (7382). Services to dwellings and other buildings (734) Shoe repair shops and shoeshine parlors (725) Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212) Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair(763). 6. Retail Trade Division: Apparel and accessory stores (56) 11 Auction Rooms Automatic merchandising machine operators (5962). Building materials, hardware and garden supply(52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24)hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). elk Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). 12 • Used merchandise stores (593). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district(0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Apparel and other finished products made from fabrics and similar materials (23). Commercial printing occupying less than five thousand (5,000) square feet of gross floor area(2752). Computer and office equipment(357) Electronic and other electrical equipment and components (36) 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) 13 go' Measuring, analyzing and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38) Paper and allied products (26) 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) Transportation equipment (37) 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). mow. 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 on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215) Freight forwarding in general (4731) Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). 14 Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). 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). elibk "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 11. Wholesale Trade Division: Apparel piece goods and notions (513). 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). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). 15 • Paper and paper products (511). Professional and commercial equipment and supplies (504). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "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 of this Title. rhk "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "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 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business 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. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). 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 "conditional use" [SR] in this PAB zoning district: 16 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] 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: Arenas, sports fields, and stadiums (UNCL). Automobile proving and testing grounds (8734) Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542). Carpet or rug cleaning, dying, and/or repairing plants (7217) Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). Dry cleaning plants (7216) "Home child daycare services" [SR] (8351). Individual and family social services (832). Industrial launderers (7218) Linen supply(7213) Massage parlors (7299). Organization hotels and lodging houses, on membership basis (704). Power laundries (7211). 17 Rental of dogs for protective service (7381) Sporting and recreational camps (7032). Steam baths (7299). Tattoo parlors (7299). "Teen clubs" [SR] (UNCL). Turkish baths (7299). Welding repair (7692) 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). 5. Agricultural Division: Crop services (072) Lawn and garden services (0782) Ornamental shrub and tree services (0783) Soil preparation services (071) 6. Mining Division: "Temporary mining" [SR] (UNCL). 7. Construction Division Building construction—general contractors and operative builders (15). Construction— special trade contractors (17) 18 Heavy construction—contractors (16). 8. Manufacturing Division Chemicals and allied products (28) Food and kindred products (20) Petroleum refining and related industries (29) Tobacco products (21) 9. Transportation, Communication, And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). rh. Heliports (458). Mixed, manufactured or liquefied petroleum gas production or distribution(4925) Natural gas storage Natural gas transmission and distribution (4922) (4924) Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). Terminal maintenance for motor freight transportation (423) "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Trucking services (421) 19 Water transportation(44). 10. Wholesale Trade Division: Beer,wine and distilled alcoholic beverages (518) Chemicals and allied products (516) Farm product raw materials (515) Lumber and other construction materials (503 Petroleum and petroleum products (517) 11. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. Motor vehicle impoundment yard (SR) (UNCL) "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), 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 19.55 of this Title. The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the PAB Planned Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: 20 1. Services Division: Amusement and recreational services not elsewhere classified (7999). Automotive services (7549). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing Division Miscellaneous manufacturing industries (39) 3. Transportation, Communication, And Utilities Division: Special warehousing and storage not elsewhere classified (4226) Transportation services not elsewhere classified (4789). 4. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). Site Design. In this PAB 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 Zoning Ordinance. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.35.435, Site Design, (AB Area Business District) of the Elgin Zoning Ordinance, with the following departure: The construction of new structures at the subject property shall require an amendment to this planned development ordinance. 21 . • t4"' Renovations to existing structures shall be subject to review and approval by the Development Administrator, and shall be required to obtain approval of an amendment to this planned development ordinance if said renovations are deemed by the Development Administrator to be of a substantial nature. In this PAB zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Development Plan, with revisions per the Community Development Group, as necessary. 2. Substantial compliance with the Statement of Purpose and Conformance, prepared by Matt Nelson, Life Storage Systems, with revisions per the Community Development Group. 3. Revisions to the proposed draft zoning ordinance per the Community Development Group and the Corporation Counsel. 4. Compliance with all other applicable codes and ordinances. H. 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. 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. J. 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. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. 22 I I. * M. 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. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. 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. Ed chock, Mayor Presented: October 13, 2004 Passed: October 13, 2004 Vote: Yeas: 6 Nays: 0 Recorded: October 14, 2004 Published: Attest: A.144.-•••-‘ /40—c.Ii+s----- Dolonna Mecum, City Clerk 23