G67-08 Ordinance No. G67-08
AN ORDINANCE
AMENDING ORDINANCE G49-08 CLASSIFYING TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Good Shepherd Evangelical Lutheran Church Subdivision— 195 Nesler Road and
Good Shepherd Crossing - 3145 and 3151 Route 20 and 195 Nesler Road)
WHEREAS, written application has been made to amend Ordinance No. G49-08, entitled
"An Ordinance Classifying Newly Annexed Territory in the 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 recommended approval; 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, Ordinance No. G49-08 be and is hereby amended in its entirety to read
as follows:
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 PAB Planned Area Business District,
the following described property:"
That part of Section 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°10'27""W along
said center line of Nesler Road, 412.52 feet; thence S59°54'30"E, 40.60 feet for a
point of beginning; thence N34°10'56"E, 84.60 feet; thence N31°11'49"E, 268.19
feet; thence N70°30'46"E, 25.81 feet; thence S65°31'13"E, 524.38 feet; thence
S21°00'27"W, 301.62 feet; thence N65°20'54"W, 373.93 feet; thence
S31°11'49"W, 90.18 feet; thence N59°54'30"W, 223.45 feet to the point of
beginning in the City of Elgin, Kane County, Illinois.
Section 2. That the development of this PAB Planned Area Business District as
described in Section 1 shall be developed 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
elk 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. 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).
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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).
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
rk (5411).
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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).
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).
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elk 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).
9. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted 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 permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB Area Business District, subject to
the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50 of this Title.
"Temporary uses" [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).
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).
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eihk 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 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.
rob' 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 subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and
Conformance, submitted by Tracy Kasson, dated April 18, 2008.
2. Substantial Conformance to the Development Plan for Good Shepherd
Crossing Retail Center, inclusive of the following plan sheets:
a. Site Plan prepared by Craig R. Knoche & Associates Civil
Engineers, P.C., dated last revised April 19, 2008;
b. Color-rendered Exterior Building Elevations Plan prepared by
Arcline Associates, dated last revised February 05, 2008;
c. Floor Plan prepared by Arcline Associates, dated last revised
January 7, 2008;
d. Color-rendered Landscaping Plan prepared by Arcline Associates,
dated last revised April 24, 2008, subject to revisions per the
Community Development Group; and
e. Monument Sign and Trash Enclosure Exhibit prepared by Arcline
Associates, dated last revised February 5, 2008, and Monument
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Sign Exhibit prepared by Arcline Associates, dated last revised
April 27, 2008, subject to revisions per the Community
Development Group. The sign that is identified in the Monument
Sign and Trash Enclosure Exhibit will be placed along Nesler
Road and the sign that is identified in the Monument Sign Exhibit
will be placed along Route 20.
3. Submission of an access easement and parking lot easement to allow
shared access and parking lot interconnections between the subject
property and the properties to the east and west. Submission of a
landscape easement to allow required landscaping along the south lot
line of the property. Copies of these easement agreements must be
received by the Community Development Department prior to the
issuance of building permits.
4. Construction of the refuse collection area must be of the same building
materials and the same color as the principal building.
5. Conformance to all other applicable codes and ordinances.
In this PAB district, the following conditions shall apply to the site design
requirements for Lot 2 of Good Shepherd Crossing subdivision:
1. Substantial conformance to the Statement of Purpose and
Conformance, submitted by Peter C. Bazos, Esq., dated August 12,
2008.
2. Substantial Conformance to the Development Plan for The National
Bank, inclusive of the following plan sheets:
a. Architectural Site Plan and Monumental Signage Plan prepared by
Dahlquist& Lutzow Architects, Ltd., dated July 28, 2008;
b. Architectural Landscape Plan prepared by Craig R. Knoche &
Associates., dated last revised July 16, 2008;
c. Architectural Elevations Plan prepared by Dahlquist & Lutzow
Architects, Ltd., dated July 21, 2008;
d. Exhibit of Rendering of North Elevation prepared by Dahlquist &
Lutzow Architects, Ltd., dated July 21, 2008;
e. Architectural Signage Concept Elevation prepared by Dahlquist &
Lutzow Architects, Ltd., dated July 21, 2008.
3. Provide easements that allow shared access and parking lot
interconnections between the subject property and the properties to the
south and east. Copies of these easement agreements will need to be
submitted to the Community Development Department prior to the
issuance of building permits.
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4. Construct the refuse collection area of the same building material and
in the same color as the principal building.
5. Three freestanding monument signs are proposed on the zoning lot
consisting of THE National Bank, the Rosati Retail Shops, and the
Good Shepherd Lutheran Church. These signs include the two signs
being proposed for THE National Bank and one sign being proposed
for the Good Shepherd Lutheran Church. No other freestanding signs
will be allowed on this zoning lot.
6. Conformance to all other 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.
J. Signs. 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 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.
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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. A variation may be requested by apetition 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.
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 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.
Ed Schock, Mayor
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r, Presented: September 24, 2008
Passed: September 24, 2008
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: September 25, 2008
Published:
Attest:
Diane Robertson, City C erk
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