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G71-05 Ordinance No. G71-05 AN ORDINANCE AMENDING ORDINANCE NO. G24-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (Pingree Creek Subdivision- 4400 Damisch 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 as a Planned Development 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 that Ordinance No. G24-04 adopted by the City Council on February 25, 2004, be and is hereby amended in its entirety to read as follows: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following: The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map prepared by Otis Koglin Wilson, dated February 17, 2004, designated as commercial, Metra station, and Metra parking. Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned Neighborhood Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PNB zoning district is to provide a planned environment for commercial areas supplying daily convenience commodities and services to neighborhood and commuter populations, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. The PNB Districts are most similar to, but depart from the -1- standard requirements of the NB 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 PNB 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement"). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. D. Zoning Districts - Generally. In this PNB 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PNB zoning district should be located in substantial conformance to the official comprehensive plan. F. Land Use. In this PNB 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 PNB zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the PNB Planned Neighborhood Business District: Residences Division. 1. "Upper floor apartment dwellings" [SR] (UNCL). Municipal Services Division. 2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. Offices Division. 3. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 4. "Development sales offices" [SR] (UNCL). 5. "Finance, insurance, and real estate" (H). -2- Services Division. 6. "Advertising" (731). 7. "Automotive renting and leasing without drivers" (751). 8. "Barbershops" (724). 9. "Beauty shops" (723). 10. "Bed and breakfast inns" [SR] (7011). 11. "Commercial, economic, sociological and educational research" (8732). 12. "Commercial, physical, and biological research" (8731). 13. "Computer programming, data processing and other computer-related services" (737). 14. "Computer rental and leasing" (7377). 15. "Dance studios and schools" (791). 16. "Detective and guard services" (7381). 17. "Electrical and electronic repair shops" (7629). 18. "Engineering, accounting, research, management and related services"(87). 19. "Funeral service" (726). 20. "Garment pressing, and agents for laundries and dry cleaners" (7212). 21. "Home health care services" (808). 22. "Laundry collecting and distributing outlets" (7211). 23. "Legal services" (811). 24. "Libraries" (823). 25. "Mailing, reproduction, commercial art and photography, and stenographic services" (733). 26. "Management and public relations services" (874). 27. "Medical and dental laboratories" (807). 28. "Membership organizations" (86). 29. "Membership sports and recreation clubs" (7997). 30. "Miscellaneous personal services not elsewhere classified" (7299). 31. "News syndicates" (7383). 32. "Noncommercial research organizations" (8733). 33. "Offices and clinics of dentists" (802). 34. "Offices and clinics of doctors of medicine" (801). 35. "Offices and clinics of doctors of osteopathy" (803). 36. "Offices and clinics of other health practitioners" (804). 37. "Other schools and educational services" (829). 38. "Personnel supply services" (736). 39. "Photofinishing laboratories" (7384). 40. "Photographic studios, portrait" (722). 41. "Physical fitness facilities" (7991). 42. "Professional sports operators and promoters" (7941). 43. "Radio and television repair shops" (7622). 44. "Security systems services" (7382). 45. "Shoe repair shops and shoeshine parlors" (725). 46. "Tax return preparation services" (7291). -3- re. 47. "Videotape rental" (784). 48. "Vocation schools" (824). 49. "Watch, clock and jewelry repair" (763). Retail Trade Division. 50. "Apparel and accessory stores" (56). 51. "Building materials, hardware and garden supply"(52). 52. "Carryout restaurants" (5812). 53. "Catalog and mail-order houses"(5961). 54. "Direct selling establishments" (5963). 55. "Drugstores and proprietary stores" (591). 56. "Eating places"(5812). 57. "Florists"(5992). 58. "Food stores" (54). 59. "General merchandise stores"(53). 60. "Home furniture, furnishings and equipment stores"(57). 61. "Miscellaneous retail stores not elsewhere classified"(5999). 62. "Miscellaneous shopping goods stores" (594). 63. "News dealers" (5994). 64. "Optical goods stores" (5995). 65. "Tobacco stores" (5993). Agricultural Division. 66. "Farm labor and management services" (076). 67. "Greenhouses for floral products," exclusively "accessory" [SR] to a use allowed in the zoning district (0181). 68. "Landscape counseling and planning" (0781). Construction Division. 69. "Contractor's office and equipment areas" [SR] (UNCL). Manufacturing Division. 70. "Commercial printing occupying less than five thousand (5,000) square feet of gross floor area" (2752). Transportation, Communication and Utilities Division. 71. "Amateur radio antennas" [SR] (UNCL). 72. "Arrangement of passenger transportation"(472). 73. "Arrangement of transportation of freight and cargo" (473). 74. "Branch United States post offices" (4311). 75. "Bus charter service operators'offices"(414). 76. "Cable and other pay television services"(484). 77. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 78. "Communication services not elsewhere classified" (489). 79. "Intercity and rural bus transportation operators' offices" (413). 80. "Local and suburban passenger transportation operators' offices" (411). 81. "Radio and television antennas" [SR] (UNCL). 82. "Radio and television broadcasting stations" (483). -4- 83. "Railroad operators' offices" (401). 84. "Commuter railroad station" (401). 85. "Satellite dish antennas" [SR] (UNCL). 86. "School bus operators' offices" (415). 87. "Taxicab operators' offices" (412). 88. "Telegraph and other message communications" (482). 89. "Telephone communications"(481). 90. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 91. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 92. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PNB Planned Neighborhood Business District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 93. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PNB Planned Neighborhood Business District, subject to the provisions of Section 19.10. 400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PNB Planned Neighborhood Business District: Municipal Services Division. 1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. Public Administration Division. 2. "Public administration" (J) on a zoning lot containing less than two (2) acres of land. Finance, Insurance, and Real Estate Division. 3. "Check-cashing agencies"(6099). Services Division. 4. `Billiard parlors"(7999). 5. "Bingo parlors" (7999). 6. "Car washes" [SR] (7542). 7. "Child daycare services"(835). 8. "Coin-operated amusement establishments"(7993). 9. "Home child daycare services" [SR] (8351). 10. "Individual and family social services"(832). 11. "Job training and vocational rehabilitation services" (833). Retail Trade Division. 12. "Convenience food stores, operated on a twenty four(24) hour basis"(5411). 13. "Drinking places (alcoholic beverages)" (5813). 14. "Drive-in restaurants" (5812). eak 15. "Motor vehicle dealers" (55). -5- • 16. "Motor vehicle service stations" [SR] (554). 17. "Outdoor eating and drinking facilities" [SR] (5813). 18. "Package liquor sales establishments" [SR] (5921). Agricultural Division. 19. "Dog grooming" (0752). 20. "Veterinary services for household pets" (0742). Transportation, Communication And Utilities Division. 21. "Conditional commercial antenna tower" [SR] (UNCL). 22. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 23. "Courier services" (4215). 24. "Other radio and television antennas" [SR] (UNCL). 25. "Other satellite dish antennas" [SR] (UNCL). 26. "Pipelines, except natural gas" (461). 27. "Railroad tracks" (401). 28. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 29. "Accessory package liquor sales establishment" [SR] (UNCL). 30. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. 31. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. 32. "Drive-through facilities" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 33. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. 34. "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. G. Site Design. In this PNB zoning district, the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PNB zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: r -6- e•• a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, Inc., dated January 13, 2004. c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, Inc., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. Off-street Parking. In this PNB 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 PNB 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 PNB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K. Amendments. In this PNB 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 PCF zoning district authorize such an application. L. Planned Developments. In this PNB zoning district, 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. r -7- eft M. Conditional Uses. In this PNB 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. N. Variations. In this PNB 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 PNB zoning district and without necessitating that all other property owners in this PNB 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, and the provisions of the Annexation Agreement. P. 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 Vote: Yeas: 6 Nays: 1 Recorded: July 28, 2005 Published: Attest: —96-141/1"""‘ Dolonna Mecum, City Clerk r -8-