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G14-07A '"' MOTION TO PASS ORDINANCE G14-07 FAILED Failed Ordinance No. G14-07 ORDINANCE FAILED AMENDING ORDINANCE G69-98 RECLASSIFYING PROPERTY IN THE PAB PLANNED AREA BUSINESS DISTRICT (860 Summit Street) WHEREAS, written application has been made to reclassify said property in the 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; and WHEREAS, the City Council has reviewed the findings and recommendation 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 19.08, 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: THAT PART OF THE SOUTH 1/2 OF THE GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE- NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS, EAST MEASURED (NORTH 02 DEGREES, 00 MINUTES EAST RECORD) ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, 1322.0 FEET TO A POINT 25.0 SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 00 MINUTES WEST, PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE, 252.82 FEET; THENCE SOUTH 01 DEGREES, 42 MINUTES 27 SECONDS EAST MEASURED (SOUTH 02 DEGREES, 00 MINUTES WEST RECORD) 654.5 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EVANSTON HIGHWAY (STATE ROUTE 58); THENCE SOUTH 89 DEGREES, 24 MINUTES, 02 SECONDS EAST MEASURED (SOUTH 89 DEGREES, 39 MINUTES EAST RECORD) ALONG SAID NORTHERLY RIGHT OF WAY LINE, 397.65 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES 15 SECONDS WEST, A DISTANCE OF 17.60 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET, TO A POINT IN A LINE PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE SOUTH 88 DEGREES, 00 MINUTES WEST ALONG SAID LINE, 138.08 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN COOK COUNTY, ILLINOIS, AND THAT PART OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 eibk DEGREES, 42 MINUTES, 37 SECONDS EAST MEASURED (NORTH 02 DEGREES, 00 MINUTES EAST RECORD ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, 1322.0 FEET TO A POINT 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG A LINE OF 25.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2 OF THE GOVERNMENT LOT 1, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 263.00 FEET; THENCE SOUTH 01 DEGREES, 42 MINUTES, 37 SECONDS WEST, A DISTANCE OF 683.16 FEET, MEASURED 681.3 FEET, RECORD) TO THE NORTHERLY RIGHT OF WAY LINE OF THE EVANSTON-ELGIN HIGHWAY (STATE ROUTE 58); THENCE NORTH 89 DEGREES, 24 MINUTES, 02 SECONDS WEST, MEASURED (NORTH 89 DEGREES, 39 MINUTES, 00 SECONDS WEST, RECORD), A DISTANCE OF 255.00 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES, 15 SECONDS WEST A DISTANCE OF 17.60 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS, AND .• LOT 9 AND THAT PART OF LOT 8 LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE WEST LINE OF SAD LOT 8 A DISTANCE OF 160.37 FEET NORTH OF THE SOUTHWEST CORNER THEREOF (AS MEASURED ALONG SAID WEST LINE), AND TERMINATING AT A POINT IN THE EAST LINE OF SAID LOT 8, •A DISTANCE OF 159.75 FEET NORTH OF THE SOUTHEAST CORNER THEREOF (AS MEASURED ALONG SAID EAST LINE) IN HIGHFIELD PLACE SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1980, AS DOCUMENT NUMBER 25393343 AND AS AMENDED JANUARY 2, 1991 AS CONTAINED 25723114 IN COOK COUNTY, ILLINOIS (COMMONLY KNOWN AS 860 SUMMIT STREET). Section 2. That the City Council of the City of Elgin hereby grants the reclassification in the PAB Planned Area Business District at 860 Summit Street in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide grocery supermarket, medical office facilities and motor vehicle parts supply stores to the community and region. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. elk 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, 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, 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, as amended. E. 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) in this PAB district: 1. The enumerated land uses listed as permitted uses under Section 19.35.430 (A) Permitted Uses in the AB Area Business District, and 2. Package Liquor Sales Establishments (SR) (5921) elimk r"'` F. 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 Municipal Code, as amended, except as may be otherwise provided in this section. 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 following: 1. Site Plan and Building Elevation for Dominick's Food Store (Sheets SP-1 Site Plan (08/04/98), PE-1 Preliminary Engineering Plan (08/04/98), & E1A Photometric Site Plan (08/05/98)) prepared by Compass Consulting Group, Ltd.; and South and East Building Elevations, and Dominick's Store #178 Color Key Board, prepared by Dominick's. 2. Landscape Plan for Dominick's Food Store (Sheets LP-1 Landscape Construction Plan (08/03/98) & LP-2 Planting Details (07/21/98) prepared by Allen L. Kracower and Associates, Inc. and Compass Consulting Group, Ltd. The following conditions shall apply to the site design requirements of the motor vehicle parts supply store. 1. Substantial conformance to the Statement of Purpose and Conformance submitted by DAP Investments, dated November 9, 2006. 2. Substantial conformance to the Site Plan, Sheet No. SP-1.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on '` November 6, 2006. 3. Substantial conformance to the landscape plans, Sheets No. L-1.0, L-1.1, L-1.2 and L-1.3, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 5, 2006. 4. Substantial conformance to the exterior elevation drawings, Sheet No. A- 2.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 6, 2006. 5. Substantial conformance to the site lighting plans, Sheet No. SL-1.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 6, 2006. 6. Substantial conformance to the proposed exterior signage drawings, prepared by Huron Sign Company, dated October 17, 2006, and last revised on November 1, 2006. 7. Compliance with all other applicable codes and ordinances. G. 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. H. 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, as may be amended. r Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended, except as follows: Signs advertising the Dominick's store shall be in substantial conformance with the following building and freestanding sign drawings prepared by Doyle General Sign Contractors: 1. Building Signs. "Dominick's" (2), "Food", "Drug" (07/13/98). 2. Building Signs. "Fresh Store" (06/22/98). 3. Building Signs. "First Chicago" (07/17/98). 4. Freestanding Signs. "Dominick's" on Summit (07/29/98). 5. Freestanding Signs. "Dominick's" on Waverly(07/29/98). All existing lawful non-conforming signs advertising tenants in the medical buildings shall be brought into conformance with in conformance with Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PAB zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PAB zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. L. Conditional Uses. In this PAB zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. M. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. 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 provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. • — "' Section 3. That this ordinance shall rescind Ordinance G69-98 in its entirety and be in full force and effect from and after its passage in the manner provided by law. Failed Presented: February 14, 2007 Passed: Failed Vote: Yeas: 3 Nays: 4 Recorded: Failed Published: Failed Attest: Failed elk rub*