G-17-05 Ordinance No. G17-05
AN ORDINANCE
RECLASSIFYING PROPERTY FROM THE PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT TO THE
PRB PLANNED RESIDENCE BUSINESS DISTRICT
Lots 1 and 2
(Bowes Creek Country Club—3600 Bowes Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said property to a PRB
Planned Residence Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings 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 are hereby altered by including in the PNB
Planned Residence Business District, the following described property:
The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PRB Planned Residence Business
District, the following described property (parcel numbers as referenced are as
indicated on the Preliminary Subdivision Plat):
Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmundson
Leder, Ltd., dated September 3, 2004, with a final revision date of December 21,
2004, designated in the PRB Residence Business District, and identified as Lots 1
and 2.
Section 2. That the City Council of the City of Elgin hereby grants the PRB Planned
Residence Business District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose of the RB Residence Business District is to
conserve the residential character of certain properties located within
transportation corridors as designated by the Official Comprehensive Plan by
providing various use alternatives, but with site design regulations in keeping with
a residential environment.
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 PRB 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 PRB 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 PRB zoning district should be located in
substantial conformance to the official comprehensive plan and may be located in
areas adjoining arterial streets or in other areas deemed unsuitable for other
zoning classifications. The amount of land necessary to constitute a separate PRB
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 unless such land
adjoins any nonresidential zoning district, which has frontage on the same street.
F. Land Use. In this PRB 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 PRB zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PRB Planned Neighborhood Business District:
1. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
2. Offices Division:
"Offices" [SR] (UNCL).
3. Finance, Insurance, And Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate [H].
4. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Commercial, economic, sociological and educational research (8732).
Commercial,physical, and biological research (8731).
Computer programming, data processing, and other computer-related
services (737).
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).
Family residential care facility [SR].
Garment pressing, and agents for laundries and dry cleaners (7212).
Home health care services (808).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Mailing, reproduction, commercial art and photography and stenographic
services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Miscellaneous personal services not elsewhere classified (7299).
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).
Personnel supply services (736).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Residential care facility [SR].
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Videotape rental (784).
Vocational schools (824).
Watch, clock, and jewelry repair (763).
5. Retail Trade Division:
Apparel and accessory stores (56).
Catalog and mail-order houses (5961).
r Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Food stores (54).
Florists (5992).
Home furniture, furnishings, and equipment stores (57).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
Tobacco stores (5993).
?Used merchandise stores (593).
6. Agricultural Division:
Farm labor and management services (076).
Landscape counseling and planning (0781).
7. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
8. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000) square feet
of gross floor area (2752).
9. Transportation, Communication, and Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation(472).
Arrangement of transportation of freight and cargo (473).
Bus charter service operators offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices [413].
Local and suburban passenger transportation operators'offices [411].
"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
RB Residence 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 RB
Residence Business District, subject 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 RB Residence Business 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 RB Residence 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.
Temporary uses [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PRB Planned Residence Business
District:
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. Finance, Insurance, And Real Estate Division:
Check-cashing agencies (6099).
r 4. Services Division:
Billiard parlors (7999).
Bingo parlors (7999).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Fortunetellers (7999).
Home child daycare services [SR] (8351).
Individual and family social services (832).
Job training and vocational rehabilitation services (833).
Massage parlors (7999).
Pool parlors (7999).
Reupholstery and furniture repair(764).
Steam baths (7299).
Tattoo parlors (7299).
Turkish baths (7299).
5. Retail Trade Division:
Building materials, hardware, and garden supply(52).
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Eating places (5812).
Firearms sales (5941).
General merchandise stores (53).
Mobile home dealers (52).
Motor vehicle dealers (55).
6. Mining Division:
"Temporary mining" [SR] (UNCL).
7. Transportation, Communication and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
8. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in
the RB Residence 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 RB
Residence 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.
"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
this Title.
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in this PRB Residence
Business District or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this Title:
1. Services Division:
Amusement and recreational services, not elsewhere classified (7999).
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. Retail Trade Division:
Miscellaneous retail stores not elsewhere classified (5999).
G. Site Design. In this PRB zoning district, the use and development of land and
r. structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to
the development of the subject property the owner of the subject property shall be
required to submit a development plan to the city for a public hearing and City
Council approval pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
H. Off-street Parking. In this PRB 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 PRB 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 PRB 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 PRB 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 PRB
zoning district authorize such an application.
L. Planned Developments. In this PRB 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. 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 PRB
zoning district and without necessitating that all other property owners in this
PRB zoning district authorize such an application.
M. Conditional Uses. In this PRB 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 PRB zoning district and without necessitating that all other property
owners in this PRB zoning district authorize such an application.
N. Variations. In this PRB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PRB zoning district and without necessitating that all other property owners in
this PRB zoning district authorize such an application.
0. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. 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 Schock, Mayor
Presented: January 26, 2005
Passed: January 26, 2005
Vote: Yeas: 4 Nays: 2
Recorded: January 27, 2005
Published:
Attest:
kecv.--,,---
Dolonna Mecum, City Clerk