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G90-06 Ordinance No. G90-06 AN ORDINANCE AMENDING A PCF PLANNED COMMUNITY FACILITY DISTRICT FOR CERTAIN TERRITORY (The Reserve - 2705 Bowes Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS,written application has been made to reclassify certain territory classified in the PCF Planned Community Facility District by amending the provisions of such PCF Planned Community Facility 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: r 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 paragraph: "The boundaries herein before laid out in the `Zoning District Map',as amended,be and are hereby altered by amending the PCF Planned Community Facility District, the following described property:" THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT CENTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 46 MINUTES 42 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,3.80 FEET,TO A POINT ON CENTERLINE OF BOWES ROAD, THENCE NORTH 88 DEGREES 49 MINUTES 00 SECONDS EAST, ALONG SAID CENTERLINE, 135.67 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 60.00 FEET, TO THE POINT OF BEGINNING: THENCE NORTH 88 DEGREES 49 MINUTES 00 SECONDS EAST,ALONG A LINE BRING 60 FEET SOUTH OF AND PARALLEL TO SAID CENTER LINE, - 1 - r 1,580.29 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS F EAST, 752.84 FEET; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST,87.69 FEET;THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST, 263.08 FEET; THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET;THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET; THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST,91.40 FEET;THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST,466.75 FEET;THENCE NORTH 06 DEGREES 53 MINUTES 29 SECONDS EAST,92.60 FEET;THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST,98.55 FEET;THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST,92.35 FEET;THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 140.08 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 207.10 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 226.61 FEET; THENCE NORTH 70 DEGREES 43 MINUTES 59 SECONDS WEST, 224.35 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 40 SECONDS WEST, 113.91 FEET; THENCE SOUTH 31 DEGREES 26 MINUTES 10 SECONDS WEST, 127.39 FEET;THENCE SOUTH 73 DEGREES 33 MINUTES 55 SECONDS WEST, 329.45 FEET; THENCE NORTH 66 DEGREES 37 MINUTES 15 SECONDS WEST,84.01 FEET;THENCE NORTH 53 DEGREES 27 MINUTES 40 SECONDS WEST,223.45 FEET;THENCE NORTH 28 DEGREES 12 MINUTES 32 SECONDS WEST, 155.06 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 31 SECONDS WEST,206.31 FEET,TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINING 1,089,000 SQUARE FEET (25.00 ACRES) MORE OR LESS. EXCLUDING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 108 IN THE RESERVE,BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 41 NORTH,RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 2004 AS DOCUMENT NO. 2004K044951, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661, IN THE TOWNSHIP OF ELGIN, AND IN THE CITY OF ELGIN, AND IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 107 IN SAID RESERVE SUBDIVISION; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 413.63 FEET, ALONG THE WEST LINE OF SAID LOT 107 AND THE SOUTHERLY EXTENSION THEREOF,TO A NORTHERLY CORNER OF LOT 101 IN SAID RESERVE SUBDIVISION; THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY THROUGH THE FOLLOWING - 2 - r DESCRIBED THIRTEEN (13) COURSES ALONG SAID NORTHERLY LINES OF LOT 101; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST,87.69 FEET;THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST,263.08 FEET;THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET;THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST,91.40 FEET;THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 DEGREES 53 MINUTES 29 SECONDS EAST, 103.86 FEET;THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST,91.59 FEET;THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST,95.48 FEET;THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 139.68 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 196.13 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 127.92 FEET; THENCE NORTH 65 DEGREES 30 MINUTES 20 SECONDS EAST, DEPARTING FROM SAID NORTHERLY LINES,273.76 FEET,TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 107; THENCE NORTH 88 DEGREES 42 MINUTES 55 SECONDS EAST, 256.10 FEET, ALONG SAID WESTERLY EXTENSION, TO THE POINT OF BEGINNING. CONTAINING 490,560 SQUARE FEET, (11.62 ACRES) MORE OR LESS. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational,health, social,religious, and transportation services to the community on a for profit or a not for profit basis. The PCF District is most similar to,but departs from the standard requirements of the CF Community Facility 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 PCF 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. - 3 - D. Zoning Districts-Generally. In this PCF 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 PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF 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 PCF 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 PCF zoning district: Municipal Services Division. 1. "Municipal Facilities" [SR] (UNCL) 2. "Public parks, recreation, and open space" [SR] (UNCL). Services Division. 3. Public Libraries (823). Construction Division. 4. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 5. Radio and television antennas" [SR] (UNCL). 6. "Satellite dish antennas" [SR] (UNCL). 7. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults,pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 8. "Fences and walls" [SR] (UNCL). 9. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 10. "Temporary uses" [SR] (UNCL). 11. "Parking lots" [SR] (UNCL),exclusively"accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47, Off-street Parking. 12. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 13. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PCF 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" - 4 - E [SR] shall be the only land uses allowed as a "conditional use" [SR] in this PCF zoning district: Miscellaneous Uses Division. 1. "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. 2. "Accessory structures" [SR] (UNCL)to the conditional uses allowed in this PCF Planned Community Facility District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 3. "Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PCF Community Facility District,subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF 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 PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.30.135, Site Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Plat Exhibit prepared by Manhard Construction,Ltd.,dated May 10,2006 and last revised September 11,2006. 2. Site design and building elevations for the new branch library,public works salt storage facility and active parks shall be as approved by the City Council. In the event of any conflict between the site design regulations otherwise set forth in the Elgin zoning ordinance and the site design as approved by the City Council, the site design as approved by the City Council shall control. 3. Compliance with all other applicable codes and ordinances. H. Off-street Parking. In this PCF 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 PCF 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 PCF 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 not otherwise provided by this title in support of the development. - 5 - K. Amendments. In this PCF zoning district,application for text and map amendments shall be subject to the provisions of Chapter 19.55,Amendments.A text amendment 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 PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. eik N. Variations. In this PCF 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 maybe varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF 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. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance maybe appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. esu - 6 - Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. d Sc ock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: Dolonna Mecum, City Clerk - 7 -