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G31-08 Ordinance No. G31-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Randall Commons—900 South Randall 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 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: That part of the West half of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at the Southeast corner of the West half of said Northwest Quarter; thence Westerly, along the South line of the West half of said Northwest Quarter, a distance of 412.50 feet thence Northerly, parallel with East line of the West half of said Northwest Quarter, a distance of 317.47 feet for the place of beginning; thence Easterly, along a line that forms an angle of 90 degrees 41 minutes to the right with the prolongation of the last described course, a distance of 412.53 feet to the East line of the West half of said Northwest quarter; thence Northerly, along said East line, a distance of 931.80 feet to the Southerly line of the Northerly 1423.15 feet of the Easterly 412.50 feet of the West half of the Northwest quarter of Section 28, aforesaid; thence Westerly, along said Southerly line, a distance of 412.50 feet to the Westerly line of said Easterly 412.50 feet; thence Southerly, along said Westerly line, a distance of 928.58 feet to the place of beginning, excepting there from the Southerly 210.36 feet (as measured along the east and west lines thereof), in Elgin Township, Kane County, Illinois (Property commonly known as 900 South Randall Road). 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. 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: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). 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). "Hotels and motels" [SR] (701). 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). 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). Reupholstery and furniture repair(764). Security systems services (7382). eft Shoe repair shops and shoeshine parlors (725). 3 Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair(763). 5. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). 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). 6. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. 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). 4 /�► "Commercial antennas and antenna structures mounted on existing [ structures" [SR] (UNCL). Communication services not elsewhere classified (489). "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). 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). 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). "Car washes" [SR] (7542). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). 4. Retail Trade Division: Drive-in restaurants (5812). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). 5. Wholesale Trade Division: 5 Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 6. 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). 7. 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. Master signage plan" [SR], subject to the provisions of Chapter 19.50 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 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 and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. The development of land and structures shall also be in substantial conformance with the following: 1. Substantial conformance to the Petitioner's Statement and Development Plans, submitted by PAR Development, Inc., subject to revisions recommended by the Community Development Group, Engineering 6 Division, Fire Department, Legal Department, and Water Department, inclusive of: a. Plat of Annexation dated February 10, 2006, prepared by Haeger Engineering, Inc. b. Preliminary Plat of Subdivision for Randall Commons, prepared by Haeger Engineering, Inc., dated February 11, 2006, last revised on March 7, 2007. c. 990 South Randall Road Plat of Easement for Ingress and Egress, prepared by Haeger Engineering, Inc., dated February 10, 2006 and last revised on January 8, 2007. d. Preliminary Site Improvement Plans for Randall Commons, prepared by Haeger Engineering, dated December 19, 2005 and last revised on March 8, 2007. e. Preliminary Landscape Plan, prepared by Williams Design Group, last revised on March 8, 2007. 2. In this PAB District, the minimum architectural standards shall be as follows: a. Building elevations shall include the following minimum architectural standards: rub' i. All building facades shall contain architectural features such as columns, pilasters, stone water courses, offsets, cornices, capstones, parapets or alternating brick design. Rooftop mechanical units must be screened on all elevations using raised parapet walls or screening that are comprised of the materials of the elevations, and designed to be equal or greater in height than the tallest mechanical unit on the building. ii. The primary façade of retail buildings shall be designed as retail storefronts including but not limited to features such as storefront windows, bulkheads and transom windows. On side elevations that are readily visible from a public right-of-way, storefront windows shall be extended to the side elevations or parts thereof. iii. All sides of the building shall be properly landscaped with foundation plantings, landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of plant material that is designed to provide a continuous visual screen at maturity. iv. Windows and entry ways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further r 7 highlighted through the use of masonry windowsills and lintels and alternate brick design such as soldier courses. v. All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material. vi. Outdoor eating and drinking spaces shall be enclosed by a minimum of a three (3) foot wrought iron or aluminum open fencing or landscape screening. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. b. Exterior building materials shall be limited to the following: i. High quality traditional building materials such as brick, natural stone, natural stucco/plaster,terra cotta, tile and glass. ii. Composite building materials such as cultured stone, cast stone, precast concrete panel systems designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices, and cement board siding and shingle. iii. Artificial building materials such as Exterior Insulation and finish Systems (EIFS, commonly referred to by its brand name "Dryvit") and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, and quoins. Such materials shall not be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism. 3. Prior to the development of any portion of the property in this PAB District, the owner and the developer of the subject property shall be required to submit a development plan to the city for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. 4. 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, 1976, as amended. 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. r 8 J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs 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 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district 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 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district 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 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. 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, and the provisions of the Annexation Agreement. Q. 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. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property 9 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 full force and effect immediately after its passage in the manner provided by law. 1:rg:jg.44,2 Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: u Diane Robertson, City Jerk r 10