G40-07 Ordinance No. G40-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(3091 Route 20)
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:
Part of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18,
Township 41 North, Range 8 East of the Third Principal Meridian described as
follows:
Commencing at the Southwesterly Corner of Lot 10 of Hidden Hill Subdivision as
Recorded January 22, 1980 as Document No. 1534098;Thence South 22 Degrees 08
Minutes 55 Seconds West, Along the West Line of Aforesaid Hidden Hills
Subdivision Extended Southwesterly,a Distance of 249.51 Feet to the Center Line of
State Road (U.S. No. 20) for the Place of Beginning; Thence South 21 Degrees 59
Minutes 34 Seconds West,as Monumented, a Distance of 297.85 Feet;Thence North
66 Degrees 05 Minutes 44 Seconds West, as Monumented, a Distance of 439.79
Feet; Thence North 22 Degrees 07 Minutes 47 Seconds East, as Monumented, a
Distance of 311.39 Feet to the Center Line of Aforesaid State Road (U.S. No. 20);
Thence South 64 Degrees 18 Minutes 32 Seconds East, Along the Center Line of
Said State Road,a Distance of 236.54 Feet;Thence Southeasterly Along Said Center
Line, Being Along a Curve to the Left,Having a Radius of 3211.36 Feet and Being
Tangent to the Last Described Course, a Distance of 203.50 Feet to the Place of
Beginning, in Elgin Township, Kane County, Illinois.
Except Therefrom that Portion Described as Follows:Beginning at a P.K.Nail at
the Southwest Corner of Moeller's Subdivision per Document Number 1055792
also Being a Point on the Centerline of U.S. Route 20; Thence on an Assumed
Bearing South 20 Degrees 54 Minutes 51 Seconds West 44.80 Feet; Thence
Northwest 202.24 Feet Along a Curve to the Right,Having a Radius of 3247.35
Feet(Chord Bears North 67 Degrees 19 Minutes 41 Seconds West 202.21 Feet);
Thence North 65 Degrees 32 Minutes 38 Seconds West 237.54 Feet; Thence
North 20 Degrees 57 Minutes 21 Seconds East 44.61 Feet to Said Centerline of
U.S. Route 20; Thence South 65 Degrees 27 Minutes 12 Seconds East 211.72
Feet to a Point on Said Centerline; Thence Southeast 228.05 Feet on a Curve to
the Left, Having a Radius of 3325.00 Feet (Chord Bears South 67 Degrees 20
Minutes 05 Seconds East 228.00 Feet) on Said Centerline to the Point of
Beginning,as Deed to the State of Illinois Department of Transportation,in Kane
County, Illinois (Property Commonly Known as 3091 Route 20).
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 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.
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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:
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. Offices Division:
"Offices" [SR] (UNCL).
2. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
3. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
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).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting,research,management and related services
(87).
Garment pressing, and agents for laundries and dry cleaners (7212).
Home health care services (808).
Job training and vocational rehabilitation services (833).
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).
Miscellaneous personal services not elsewhere classified (7299).
News syndicates (7383).
Noncommercial research organizations (8733).
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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).
Photofinishing laboratories (7384).
Photographic studios,portrait(722).
Professional sports operators and promoters (7941).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
4. Retail Trade Division:
Apparel and accessory stores (56).
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).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
5. Agricultural Division:
Dog grooming(0752).
Landscape counseling and planning (0781).
Veterinary services for household pets (0742).
6. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
7. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
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8. 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).
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).
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:
Bowling centers (7933).
Child daycare services (835).
Dance halls (7911).
"Home child daycare services" [SR] (8351).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Other schools and educational services (829).
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Physical fitness facilities (7991).
4. Retail Trade Division:
Drive-in restaurants (5812).
"Package liquor sales establishments" [SR] (5921).
5. 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).
Pipelines, except natural gas (461).
"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).
6. 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.
"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.
G. Site Design. In this PAB 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. In this PAB District, the use
and development of land and structures shall be according to the above with the
exception as listed below:
Section 19.35.435 (E;2;b) Vehicle Use Area Interior Setbacks.
Setbacks by Lot Line: In this PAB Zoning District,the minimum required
"vehicle use area setback" [SR] from the south interior lot line shall be as
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follows:
b. Vehicle Use Area Setbacks:
Interior Setback: The minimum required vehicle use area
setback from the south interior lot line shall be one (1) foot.
In this PAB District,the use and development of land and structures shall be subject
to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Richard L. Heimberg, Esq., dated received February 13,2007.
2. Substantial conformance to the concept site plan,prepared by Jacob&Hefner
Associates, P.C., dated last revised June 4, 2007.
3. Substantial conformance to the proposed Building Elevation Plans,prepared
by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007.
The color tones of the building must be approved by the Community
Development Group.
4. Substantial conformance to the proposed Floor Plans,prepared by W. Lloyd
rbk Christoph & Associates, LTD., dated received June 8, 2007.
5. Substantial conformance to the proposed Landscape Plan,prepared by David
McCallium Associates, INC., dated last revised June 6, 2007.
6. The color and design of the 8 foot transition fence along the east lot line must
be approved by the Development Administrator.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of
the Elgin Municipal Code.
8. Access easement and parking lot easement must be provided to allow shared
access and parking lot interconnections between the subject property and the
property to the west. Copies of these easement agreements will need to be
submitted to the Community Development Department prior to the issuance
of building permits.
9. Compliance with the Kane County and City of Elgin storm water control
ordinances.
10. Compliance with all applicable codes and ordinances.
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. .
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.
I. 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. Graphics. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics 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, as may be amended from time to time. 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 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,as maybe 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 PCF zoning district
and without necessitating that all other property owners 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, 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.
O. 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.
P. Subdivisions—Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city,as amended,and the
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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.
Q. 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 the City
Engineer and the Development Administrator.
R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the
contrary in this ordinance,the use and the development of the subject property in this
PAB zoning district shall also be subject to the regulations of the ARC Arterial Road
Corridor Overlay District. In the event of any conflict between the regulations in the
ARC Arterial Road Corridor Overlay District and other provisions of this ordinance,
the regulations of the ARC Arterial Road Corridor Overlay District shall control.
Section 3. That this ordinance shall be in full force and effect immediately after the passage
in the manner provided by law.
Ed Schoc , ayor
Presented: July 25, 2007
Passed: July 25, 2007
Vote: Yeas: 7 Nays: 0
Recorded: July 26, 2007
Published:
Attest:
Diane Robertson, City lerk
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