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G40-06 Ordinance No.G40-06 AN ORDINANCE AMENDING THE DEVELOPMENT PLAN IN A PAB PLANNED AREA BUSINESS DISTRICT AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR DISTRICT (Woodbridge North Commercial Center; 801-895 South Randall Road) WHEREAS, written application has been made to amend the development plan in the Woodbridge North PAB Planned Area Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE,be it ordained by the City Council of the City of Elgin, Illinois: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 3, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G15-02,entitled"An Ordinance Amending the Development Plan in a PAB Planned Area Business District and Granting a Conditional Use for a Planned Development in the ARC Arterial Road Corridor District(Woodbridge North)",passed February 27, 2002,be and hereby is repealed. Section 3. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code,as amended,be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter 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: THOSE PARTS OF THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOGETHER WITH THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 28,BOTH IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST "" HALF OF THE NORTHWEST QUARTER OF SECTION 28, AFORESAID; THENCE NORTH 1 DEGREE 42 MINUTES 3 SECONDS WEST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 2676.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 21, AFORESAID; THENCE 88 DEGREES 31 MINUTES, 36 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 8.35 FEET TO A POINT ON THE PRESENT CENTERLINE OF COUNTY HIGHWAY ROUTE 34,RANDALL ROAD,(F.A.S. RTE. 1110) AS SHOWN ON PLAT OF DEDICATION RECORDED AS DOCUMENT NO. 830326; THENCE NORTH 1 DEGREE 51 MINUTES 53 SECONDS WEST ALONG SAID CENTERLINE,A DISTANCE OF 165.00 FEET; THENCE NORTH 88 DEGREES 31 MINUTES 36 SECONDS EAST; A DISTANCE OF 173.96 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG AN ARC OF A CIRCLE, CONVEX TO THE NORTHEAST,HAVING A RADIUS OF 700.00 FEET,THE CHORD THEREOF HAVING A BEARING OF SOUTH 63 DEGREES 34 MINUTES 4 SECONDS EAST AND A LENGTH OF 655.22 FEET,AN ARC-DISTANCE OF 681.86 FEET TO A POINT OF TANGENCY;THENCE SOUTH 35 DEGREES 39 MINUTES 45 SECONDS EAST, A DISTANCE OF 158.66 FEET TO A POINT OF CURVATURE;THENCE SOUTHEASTERLY ALONG AN ARC OF A CIRCLE, CONVEX TO THE SOUTHWEST,HAVING A RADIUS OF 350.00 FEET,THE CHORD THEREOF HAVING A BEARING OF 43 DEGREES 13 MINUTES 28 SECONDS EAST AND A LENGTH OF 92.12 FEET, AN ARC-DISTANCE OF 92.39 FEET; THENCE SOUTH 1 DEGREE 51 MINUTES 53 SECONDS EAST PARALLEL WITH THE CENTERLINE OF RANDALL ROAD,AFORESAID,A DISTANCE OF 2327.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 28,AFORESAID;THENCE SOUTH 88 DEGREES 2 MINUTES 5 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 899.32 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS COMMONLY KNOWN AS 801 SOUTH RANDALL ROAD). Section 4. That the City Council of the City of Elgin hereby grants the amendment to the development plan in the Woodbridge North PAB Planned Area Business District at 801 South Randall Road in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide commodities and services to the community and region. 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 "[SRI", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 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 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, as may be amended from time to time. 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, as may be amended from time to time. E. Location and Size of District. PAB zoning districts should be located in substantial conformance to the official comprehensive plan and shall be located on an arterial street at an intersection with another arterial street or a"collector street" [SR],or in other areas deemed unsuitable for other zoning classifications. 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 20 acres. F. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10,Land Use,of the Elgin Municipal Code,as amended. The following enumerated"land uses" [SR] shall be the only land uses allowed as a"permitted use" [SR],as a"conditional use" [SR],or as a"similar use" [SR] in the AB Area Business District. a. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: Municipal Services Division. 1. Public parks, recreation, open space(UNCL) on a"zoning lot" [SR] containing less than two acres of land. Offices Division. 2. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 3. "Development sales offices" [SR] (UNCL). 4. Finance, insurance, and real estate(H). Services Division. 5. Advertising(731). 6. Automotive renting and leasing without drivers (751). 7. Barber shops (724). 8. Beauty shops(723). 9. "Bed and breakfast inns" [SR] (7011). 10. Carpet and upholstery cleaning agents without plants on the premises (7217). 11. Coin operated laundries and dry cleaning(7215). 12. Commercial,economic,sociological and educational research(8732). 13. Commercial,physical, and biological research(8731). 14. Computer programming,data processing and other computer related services (737). 15. Computer rental and leasing(7377). 16. Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). 17. Dance studios and schools (791). 18. Detective and guard services (7381). 19. Electrical and electronic repair shops (7629). 20. Engineering,accounting,research,management and related services (87). 21. Funeral service(726). 22. Garment pressing, and agents for laundries and dry cleaners(7212). 23. Home health care services (808). 24. "Hotels and motels" [SR] (701) 25. Job training and vocational rehabilitation services (833). 26. Laundry collecting and distributing outlets (7211). 27. Legal services (811). 28. Libraries (823). 29. Mailing, reproduction, commercial art and photography, and stenographic services (733). 30. Management and public relations services (874). 31. Medical and dental laboratories (807). 32. Membership organizations (86). 33. Membership sports and recreation clubs(7997). 34. Miscellaneous equipment rental and leasing(735). 35. Miscellaneous personal services not elsewhere classified (7299). 36. Motion picture distribution and allied services (782). 37. Motion picture production and allied services (781). 38. Motion picture theaters (7832). 39. "Motor vehicle repair shops"[SR] (753), allowed as a permitted use at 875 South Randall Road only. 40. News syndicates (7383). 41. Noncommercial research organizations (8733). 42. Offices and clinics of dentists (802). 43. Offices and clinics of doctors of medicine (801). 44. Offices and clinics of doctors of osteopathy(803). 45. Offices and clinics of other health practitioners (804). 46. Other schools and educational services (829). 47. Personnel supply services (736). 48. Photofinishing laboratories (7384). 49. Photographic studios,portrait(722). 50. Physical fitness facilities (7991). 51. Professional sports operators and promoters (7941). 52. Radio and television repair shops (7622). 53. Refrigerator and air conditioning service and repair(7623). 54. Reupholstery and furniture repair(764). 55. Security systems services (7382). 56. Shoe repair shops and shoe shine parlors (725). 57. Tax return preparation services (7291). 58. Testing laboratories (8734). 59. Theatrical producers (792). 60. Video tape rental (784). 61. Vocational schools (824). 62. Watch, clock and jewelry repair(763). Retail Trade Division. 63. Apparel and accessory stores (56). 64. Automatic merchandising machine operators (5962). 65. Building materials, hardware and garden supply(52). 66. Carryout restaurants (5812). 67. Catalog and mail order houses(5961). 68. Direct selling establishments (5963). 60. Drinking places (alcoholic beverages) (5813). 70. Drug stores and proprietary stores (591). 71. Eating places(5812). 72. Florists (5992). 73. Food stores(54). 74. General merchandise stores (53). 75. Home furniture, furnishings and equipment stores (57). 76. Miscellaneous retail stores not elsewhere classified(5999). 77. Miscellaneous shopping goods stores (594). 78. Mobile home dealers (52). 79. Motor vehicle dealers (5994). 80. "Motor vehicle service stations" [SR] (554), allowed as a permitted use at 801 South Randall Road only. 81. News dealers (5994). 82. Optical goods stores (5995). 83. "Outdoor eating and drinking facilities" [SR] (UNCL). 84. "Package liquor sales establishments" [SR] (5921), allowed as a permitted use at 815 South Randall Road only. 85. Tobacco stores (5993). 86. Used building materials (5932). 87. Used merchandise stores (593). Agricultural Division. 88. Dog grooming(0752). 89. Farm labor and management services (076). 90. Green houses for floral products, exclusively"accessory" [SR] to a use allowed in the zoning district(0181). 91. Landscape counseling and planning(0781). 92. Lawn and garden services (0782). 93. Ornamental shrub and tree services (0783). 94. Veterinary services for household pets (0742). Construction Division. 95. "Contractors office and equipment areas" [SR] (UNCL). Manufacturing Division. 96. Commercial printing occupying less than 5,000 square feet of gross floor area(2752). Wholesale Trade Division 97. Apparel piece goods and notions (513). 98. Drugs, drug proprietaries, and druggists' sundries (512). 99. Electrical goods (506). 100. Furniture and home furnishings(502). AN 101. Groceries and related products (514). 102. Hardware, and plumbing and heating equipment and supplies(507). 103. Machinery, equipment, and supplies (508). 104. Metals and minerals, except petroleum(505). 105. Motor vehicles and motor vehicle parts and supplies (501). 106. Paper and paper products(511). 107. Professional and commercial equipment and supplies (504). Transportation, Communication and Utilities Division. 108. "Amateur radio antennas" [SR] (UNCL). 109. Arrangement of passenger transportation(472). 110. Arrangement of transportation of freight and cargo (473). 111. Branch United States post offices (4311). 112. Bus charter service operators offices (414). 113. Cable and other pay television services (484). 114. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 115. Communication services not elsewhere classified(489). 116. Intercity and rural bus transportation operators offices(413). 117. "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47, Off Street Loading(UNCL). 118. Local and suburban passenger transportation operators offices(411). 119. Packing and crating(4783). 120. "Radio and television antennas" [SR] (UNCL). 121. Radio and television broadcasting stations(483). 122. Railroad operators offices (401). 123. "Satellite dish antennas" [SR] (UNCL). 124. School bus operators offices (415). 125. Taxicab operators offices (412). 126. Telegraph an other message communications (482). 127. Telephone communications (481). 128. "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" (SR) (UNCL). Miscellaneous Uses Division. 129. "Drive through facilities" [SR], subject to the provisions of Chapter 19.45, Off-Street Parking. 130. "Fences and walls" [SR] (UNCL). 131. "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, Off-Street Loading. 132. "Outdoor display areas" [SR] (UNCL). 133. "Outdoor display lots" [SR] (UNCL). 134. "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, Off Street Parking. 6 135. "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, Off Street Parking. 136. "Refuse collection area" [SR]. 137. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.35 Signs. 138. "Storage Tanks" [SR] (UNCL). 139. "Temporary uses" [SR] (UNCL). 140. "Accessory structures" [SR](UNCL)to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 141. "Accessory uses" [SR] (UNCL)to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400, Component Land Uses. b. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: Municipal Services Division. 1. "Municipal facilities" [SR] on a zoning lot[SR] containing less than two acres of land. Public Administration Division. 2. Public administration (J) on a zoning lot containing less than two acres of land. Services Division. 3. Amusement parks(7996). 4. Arenas, sports fields, and stadiums (UNCL). 5. Ballrooms (7911). 6. Billiard parlors (7999). 7. Bingo parlors(7999). 8. Bowling centers (7933). 9. "Car washes" [SR] (7542). 10. Check cashing agencies (6099). 11. Child day care services (835). 12. Coin operated amusement establishments (7993) 13. Dance halls (7911) 14. Discotheques (7911) 15. Drive in motion picture theaters (7833). 16. Fortune tellers(7999). 17. "Home child day care services" [SR] (8351). 18. Individual and family social services (832). 19. Massage parlors (7299). 20. "Motor vehicle repair shops" [SR] (753). 21. "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). elk 22. Organization hotels and lodging houses,on membership basis(704). 23. Pool parlors (7999). 24. Power laundries(7211). 7 25. Recreational vehicle parks and campsites(7033). 26. Sporting and recreational camps (7032). 27. Steam baths(7299) 28. Tattoo parlors (7299) 29. "Teen clubs" (SR) (UNCL) 30. Turkish baths (7299) Retail Trade Division. 31. Convenience food stores, operated on a 24-hour basis (5411). 32. Drive in restaurants (5812). 33. Firearms sales (5941). 34. "Motor vehicle service stations" [SR] (554). 35. "Package liquor sales establishments" (SR) (5921). 36. Pawn shops (5932) Agricultural Division. 37. "Kennels" [SR] (0752). Mining Division. 38. "Temporary mining" [SR] (UNCL). Wholesale Trade Division. 39. Beer, wine, and distilled alcoholic beverages (518). 40. Lumber and other construction materials (503). Transportation, Communication, and Utilities Division. 41. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 42. "Conditional Commercial Antenna Tower" [SR] (UNCL). 43. Courier services(4215). 44. Heliports (458). 45. Pipelines, except natural gas (461). 46. Public warehousing and storage(422). 47. "Other radio and television antennas" [SR] (UNCL). 48. "Other satellite dish antennas" [SR] (UNCL). 49. Railroad tracks (401). 50. "Treatment, transmission, and distribution facilities: equipment, equipment buildings,towers,exchanges,substations,regulators"[SR] (UNCL). 51. Water transportation(44). Miscellaneous Uses Division. 52. "Commercial operations yards" [SR] (UNCL). 53. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 54. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 Off Street Parking. 55. "Parking structures" [SR] (UNCL), subject to the provisions of rbk Chapter 19.45 Off Street Parking. 8 56. "Planned developments"[SR](UNCL)on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.55 Planned Developments. 57. "Accessory structures"[SR](UNCL)to the conditional uses allowed in the AB Area Business District,subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 58. "Accessory uses"[SR](UNCL)to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400, Component Land Uses. 59. "Accessory package liquor sales establishment" (SR) (UNCL). C. 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 Section 19.10.400 H. Classification of Land Uses: Services Division. 1. Amusement and recreational services, not elsewhere classified (7999). 2. Automotive services (7549). 3. Business services not elsewhere classified(7389). 4. Laundry and garment services not elsewhere classified (7219). 5. Miscellaneous health and allied services not elsewhere classified (809). 6. Miscellaneous personal services not elsewhere classified(7299). 7. Miscellaneous repair shops and related services(769). 8. Services not elsewhere classified(899). 9. Social services not elsewhere classified(839). Wholesale Trade Division. 10. Miscellaneous durable goods(509). 11. Miscellaneous nondurable goods(519). Transportation, Communication, and Utilities Division. 12. 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 Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape yards, floor area, and building coverage shall be in substantial conformance to the development plans and building elevations contained in the following documents and specifications: 1. Meijer Fresh project booklet, dated February, 1999. 2. Woodbridge Commons project booklet, dated June 30, 1999. 3. Site and Landscape Plan for Woodbridge II Retail, prepared by United Insulated Structures Corp., and dated December 14, 2001., and revised on January 18, 2002. 9 4 Building Elevations for Woodbridge II Retail,prepared b Structures Corp., and dated December 14, 2001. by United Insulated 5. The refuse collection area located on Lot 4 of the replat of Woodbridge North Commercial Subdivision roe p lot 2 of the 895 South Randall Road)shall be constructed out of the same materials as as building. the 6. The alley/walkway located at the rear of the new building to be located Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road)shall be enclosed or provided with a gate to provide safety. 7. At least one internal sidewalk shall be provided on Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road)somewhere along the property's easterly lot line to allow access to the site from adjoining properties. 8. The proposed landscape plan shall be revised to provide additional landscaping along the service drives flanking the subject property's north and east lot lines. The landscaping shall be subject to the approval of the Community Development Group. 9. Substantial conformance to the Site Plan, prepared by Menard, Inc., dated September 8,2005;and to the Building Elevation,prepared by Menard,Inc., dated September 2, 2005 10. Conformance with all 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,as may be amended, except as provided within this section. Off Street Loading. In this PAB zoning district,off street loading shall be subject to the provisions of Chapter 19.47,Off Street Loading,as maybe amended from time to time. J. Signs. In this PAB zoning district,signs shall be subject to the provisions of 19.50, Signs,as may be amended from time to time,except as may be provided within this section. In this PAB zoning district, signs shall be developed in conformance with following conditions: 1. Substantial conformance with the sign elevation drawings contained in the Meijer Fresh project booklet, dated February, 1999. 2. Substantial conformance with the sign elevation drawings contained in the Woodbridge Commons project booklet dated June 30, 1999. 3. All wall signs provided on the building located on lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road)shall be of individual letter style mounted on a raceway. No box-style signs shall be permitted. elk 4. Lot 4 of the replat of lot 2 of the Woodbridge North Commercial Subdivision (property commonly known as 895 South Randall Road)may be developed with one freestanding sign containing not more than 60 square feet of surface 10 area with a cons ma,thn height of 10 feet. The that lot,or co mY material complementary of this si mplimentarl'to others elementary to the b gn must be 5. Comm Ons commercial center, fractures located wilding located on Substantial confo within the Woodbridge dated S conformance to the Sign Elevation 6 September 2, 2005 , prepared b ConformanCe with all a by Menard, Inc., pplicable codes and ordin K. Planned Develo antes. land ands pments. In this PAB zoning district fractures shall be subject to the provisions)of use develo Developments, as may be Pment of the planned development may be amended e d d b tiime to time. Ptdi 19.60' Planned zoning lot without requirin an A conditional use for a or a Y individual lot or property necessitating that all other o amendment nendment to this PAB •zoning •di nct and without P p rty owners authorize such an application. L. Conditional Uses. In this PAB zoning •district,application for Condit• be subject to the provisions of Chapter 19.65,Conditional Uses,as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PC zoning distra and without necessitating that all other property owners authorize such an application. ilk M. Variations. In this PAB zoning district,application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. 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 authorize such an application. N. 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,as may be amended from time to time. Section 5. That the City Council of the City of Elgin hereby grants a Conditional Use for a Planned Development in the ARC Arterial Road Corridor District,subject to the provisions of this ordinance,permitting the construction of a new building containing over 1,000 square feet in floor area. Section 6. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. elkd Schoc , Mayor 11 Presented: May 24,2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2006 Published: Attest: Dolonna Mecum, City Clerk eft. 12