G50-08 Ordinance No. G50-08
AN ORDINANCE
AMENDING ORDINANCE G66-05 and ORDINANCE G111-06
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Good Shepherd Evangelical Lutheran Church Subdivision— 195 Nesler Road and
Good Shepherd Crossing - 3145 and 3151 Route 20 and 195 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to amend Ordinance No. G66-05, entitled
"An Ordinance Classifying Newly Annexed Territory in the PCF Planned Community Facility
District" and Ordinance No. G111-06, entitled "An Ordinance Classifying Newly Annexed
Territory in the PCF Planned Community Facility District"; and
WHEREAS, written application has been made to classify said territory to a PCF 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 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 including in the PCF Planned Community Facility
District, the following described property:"
That part of Sections 17 and 18, Township 41 north, Range 8 east of the Third
Principal Meridian described as follows: commencing at the intersection of the
center line of U.S. Route 20 as shown on Document 2007K088001 with the center
line of Nesler Road as dedicated by Document 1363891; thence S31°11'49"W
along said center line of Nesler Road, 412.52 feet; thence S59°54'30"E, 40.60
feet to the east line of said Nesler Road as shown on Document 2007K088001 for
a point of beginning; thence N59°54'30"W, 223.45 feet to a point on an east line
of lands described in Document 2007K019663; thence N31°1 1'49"E along said
east line, 90.18 feet to a south line of said lands described in Document
2007K019663; thence S65°20'54"E along said south line of said lands described
in Document 2007K019663, 373.93 feet to a southeast corner thereof, thence
N21°00'27"E along an east line of said lands described in Document
2007K019663, 35.89 feet to the southwest corner of lands described in Document
2007K037479; thence S68°00'22"E along the south line of said lands described in
Document 2007K037479, 439.64 feet to the southeast corner thereof, being also a
point on the west line of Providence Unit One as platted by Document
2004K032369; thence S20°56'16"W along said west line, 824.25 feet to the
southeast corner of lands described in Document 97K072775; thence
N65°27'52"W along the south line of said lands described in Document
97K072775, 1184.93 feet to the east line of Nesler Road as dedicated by
Document 1363891; thence N31°11'49"E along said east line of Nesler Road,
560.14 feet to the most southerly point of Nesler Road as shown on Document
2007K088001; thence N34°l 0'56"E along the east line of Nesler Road as shown
on Document 2007K088001, 86.95 feet to the point of beginning in the City of
Elgin, Kane County, Illinois.
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 on a not-for-profit basis.
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, and the provisions of
the Annexation Agreement.
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 in
accordance with the 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:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PCF Community Facility District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration (J).
4. Justice,public order, and safety (92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
9. Elementary and secondary schools (821).
10. Churches, covenants, monasteries, and temples (8661).
11. Other schools and educational services (829).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
16. Vocational Schools (824).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
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28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Child day care services (835).
3. "Institutional child day care services" [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified (839).
6. Sporting and recreational camps (7032).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
12. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation(UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
36. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
37. "Parking structures" [SR] (UNCL).
38. "Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
41. "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 district, the use and development of land and structures shall be
subject to the following conditions:
1. The rooftop mounted mechanical equipment shall be screened, with a
material approved by Community Development, by November 1, 2005 in
accordance with ordinance requirements.
2. The development of the commercial portion of the property and any
additional development of the church portion shall be subject to public
hearing and City Council approval of site and building elevations.
3. Cross easement agreements shall be provided for access to the Van
Poucke property to the east of the commercial portion of the subject
property and through the church parcel for access to Nesler Road.
4. Substantial conformance to the approved landscape plans prepared by
David F. Schultz Associates, Ltd. and dated September 9, 2003 by June
30, 2005.
5. All unpaved vehicle use areas shall either be removed or paved and striped
by December 31, 2005.
6. Dedication of a 60 foot half right of way on Nesler Road and State Route
20, and a 30 foot right of way on the southern border of the property.
7. Full compliance with parking lot requirements including, but not limited
to, landscaping, paving, striping, etc. The parking lot curbing at the front
of the existing building and along the north and west boundaries of the
existing parking lot shall be installed by December 31, 2005. Other
curbing for future parking lot expansions will be installed on all sides not
indicated as needed for expansion.
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8. The entrances on to Nesler Road and State Route 20 shall be constructed
as approved by IDOT and the City of Elgin Engineering Department.
9. Substantial conformance to the site plan prepared by David F. Schultz
Associates, Ltd. and dated May 19, 2003.
10. Compliance with all applicable codes and ordinances.
In this PCF district, the following conditions shall apply to the site design
requirements of Good Shepherd Crossing subdivision:
1. Substantial conformance to the Site Plan prepared by Craig R. Knoche &
Associates Civil Engineers, P.C., dated last revised April 19, 2008.
2. A landscape easement shall be provided between the Good Shepherd
Lutheran Church property and the Rosati property to allow landscaping
along the south lot line of the Rosati property.
3. Compliance with all 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.
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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.
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 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.
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M. Conditional Uses. In this PCF zoning district, the use and development of the
land and structures 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.
N. Variations. In this PCF zoning district, the use and development of the land and
structures 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 PCF zoning district and without
necessitating that all other property owners in this PCF 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.
P. 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.
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
in this PCF 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.
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Section 3. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
d Schoc , Mayor
Presented: July 9, 2008
Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
Diane Robertson, City rk
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