G67-05 REVISED
Ordinance No.G67-05
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Good Shepherd Evangelical Lutheran Church Property— 195 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin;
and
WHEREAS, written application has been made to classify said territory to a PAB
Planned Area 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 PAB Planned Area 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 PAB Planned Area
Business District, the following described property:
THAT PART OF SECTIONS 17 AND 18, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF MOELLER'S SUBDIVISION, A SUBDIVISION OF SAID
SECTION 17, AND ALSO BEING A POINT IN THE CENTER LINE
OF U.S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID
CENTER LINE, BEING ON A CURVE TO THE RIGHT AND HAVING
A RADIUS OF 4,326.96 FEET, AN ARC DISTANCE OF 296.90 FEET;
(THE CHORD OF THE LAST DESCRIBED CURVE BEARING
NORTH 66 DEGREES 19 MINUTES 12 SECONDS WEST, 269.86
FEET); THENCE NORTH 64 DEGREES 58 MINUTES 36 SECONDS
WEST ALONG SAID CENTER LINE, 170.08 FEET FOR THE POINT
OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 58
MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 577.78
FEET TO THE CENTER LINE OF NESLER ROAD; THENCE SOUTH
31 DEGREES 41 MINUTES 01 SECONDS WEST ALONG SAID
CENTER LINE, 475.20 FEET; THENCE SOUTH 64 DEGREES 58
MINUTES 43 SECONDS EAST, 265.80 FEET; THENCE NORTH 31
DEGREES 40 MINUTES 54 SECONDS EAST, 127.33 FEET; THENCE
SOUTH 64 DEGREES 58 MINUTES 43 SECONDS EAST, 373.91
FEET; THENCE NORTH 21 DEGREES 27 MINUTES 30 SECONDS
EAST, 346.22 FEET TO THE POINT OF BEGINNING, (EXCEPTING
THEREFROM THAT PART OF U.S. ROUTE 20 DEDICATED FOR
ROADWAY PURPOSES BY DOCUMENT NUMBERS 424677 AND
1363891), IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS
ALSO EXCEPTING THEREFROM ANY PORTION OF SUCH
PROPERTY LYING IN THE FOLLOWING DESCRIBED AREA:
THAT PART OF SECTIONS 17 AND 18, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF MUELLER'S SUBDIVISION, A SUBDIVISION OF SAID
SECTION 17, AND ALSO BEING A POINT IN THE CENTER LINE
OF U.S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID
CENTER LINE, BEING ON A CURVE TO THE RIGHT AND HAVING
A RADIUS OF 4,326.96 FEET, AN ARC DISTANCE OF 296.90 FEET;
(THE CHORD OF THE LAST DESCRIBED CURVE BEARING
NORTH 66 DEGREES 19 MINUTES 12 SECONDS WEST, 269.86
FEET); THENCE NORTH 64 DEGREES 58 MINUTES 36 SECONDS
WEST ALONG SAID CENTER LINE, 412.57 FEET FOR THE POINT
OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 58
MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 335.26
FEET TO THE CENTER LINE OF NESLER ROAD; THENCE SOUTH
31 DEGREES 40 MINUTES 54 SECONDS WEST ALONG SAID
CENTER LINE, 1,121.36 FEET; THENCE SOUTH 64 DEGREES 58
MINUTES 36 SECONDS EAST, 335.26 FEET; THENCE NORTH 31
DEGREES 40 MINUTES 54 SECONDS EAST, 1121.36 FEET TO THE
POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART
OF U.S. ROUTE 20 AND NESLER ROAD DEDICATED FOR
ROADWAY PURPOSES BY DOCUMENT NUMBERS 424677,
1363891, AND 2005K016731), IN ELGIN TOWNSHIP, KANE
COUNTY, ILLINOIS. ALSO THE NORTHERLY RIGHT OF WAY OF
U.S. ROUTE 20 AND THE WESTERLY RIGHT OF WAY OF NESLER
ROAD ADJACENT TO THE ABOVE DESCRIBED PARCEL.
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
erk is to provide commodities and services to several neighborhoods, and in
some instances to a communitywide or regional supporting populations,
subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB
zoning district is most similar to, but departs from the standard
requirements of the AB zoning district.
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 should be
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 zoning district:
Permitted Uses: The following enumerated land uses shall be the
only land uses allowed as a permitted use in the AB Area Business
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).
5. Services Division:
Advertising (731).
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).
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).
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).
Membership organizations (86).
Membership sports and recreation clubs (7997).
rik 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).
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).
,,. Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
6. Retail Trade Division:
Apparel and accessory stores (56).
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).
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).
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:
Commercial printing occupying less than five thousand
r (5,000) square feet of gross floor area (2752).
10. 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).
Paper and paper products (511).
Professional and commercial equipment and supplies (504).
11. 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 antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
e/`. 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).
Local and suburban passenger transportation operators'
offices (411).
Packing and crating (4783).
"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).
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.
"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).
Conditional Uses: The following enumerated land uses shall be
the only land uses allowed as a conditional use in the AB Area
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. Services Division:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Ballrooms (7911).
Bowling centers (7933).
"Car washes" [SR] (7542).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Dance halls (7911).
Discotheques (7911).
Drive-in motion picture theaters (7833).
"Home child daycare services" [SR] (8351).
Individual and family social services (832).
Massage parlors (7299).
"Motor vehicle repair shops" [SR] (753).
"Motor vehicle top, body and upholstery repair shops, and
paint shops" [SR] (7532).
Organization hotels and lodging houses, on membership
basis (704).
Power laundries (7211).
Recreational vehicle parks and campsites (7033).
Sporting and recreational camps (7032).
Steam baths (7299).
Tattoo parlors (7299).
"Teen clubs" [SR] (UNCL).
Turkish baths (7299).
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:
"Kennels" [SR] (0752).
6. Mining Division:
"Temporary mining" [SR] (UNCL).
7. Wholesale Trade Division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
8. 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).
Heliports (458).
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).
"Treatment, transmission, and distribution facilities:
equipment, equipment buildings, towers, exchanges,
substations, regulators" [SR] (UNCL).
Water transportation(44).
9. 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.
"Commercial operations yards" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of
Chapter 19.50 of this Title.
"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.
Similar Uses: The following enumerated land uses shall be subject
to classification as a permitted use or as a conditional use in the
AB Area Business District or in a less restrictive zoning district,
pursuant to subsection 19.10.400H of the Elgin Municipal Code:
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. Wholesale Trade Division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
3. Transportation, Communication,And Utilities Division:
Transportation services not elsewhere classified (4789).
G. 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 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. In
addition thereto, cross easements shall be provided for access to the
Van Poucke property to the east of the commercial portion of the subject
property and through the church parcel for access to Nesler Road.
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 PAB zoning district authorize such an
application.
L. 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. 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.
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. 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. 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 PAB zoning district and
without necessitating that all other property owners in this PAB 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
�r•� the City Engineer and the Development Administrator.
C
"" 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: July 27, 2005
Passed: July 27, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 28, 2005
Published:
Attest:
414).-14.1,-C
Dolonna Mecum, City Clerk
r