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G2-10 (2) Ordinance No. G2-10 AN ORDINANCE GRANTING A MAP AMENDMENT FROM RC1 RESIDENTIAL CONSERVATION DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (110 North McLean Boulevard) WHEREAS, written application has been made requesting a map amendment from RC 1 Residence Conservation and ARC Arterial Road Corridor Overlay District to PRB Planned Residence Business District; and ARC Arterial Road Corridor Overlay District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 16, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. 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 PRB Planned Residence Business District the following described property: Lot 11 and Lot 12, except the westerly 24 feet 8 inches, of Boulevard Villa, in the City of Elgin, Kane County, Illinois (Property commonly known as 110 North McLean Boulevard, in Elgin). Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PRB Planned Residential Business District, for the property commonly known as 110 North McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PRB zoning district is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. 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 PRB 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 PRB 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 PRB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PRB 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 PRB 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 PRB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PRB Residence Business District: Residence division: 1. "Residential garage sales" [SR] (UNCL). 2. "Residential outdoor storage of firewood" [SR] (UNCL). 3. "Residential parking areas" [SR] (UNCL). 4. "Residential storage" [SR] (UNCL). 5. "Residential storage of trucks and buses" [SR] (UNCL). 6. "Single family detached dwelling" [SR] (UNCL). Offices division: 7. "Offices" [SR] (UNCL). Finance, insurance, and real estate division: 8. "Development sales offices" [SR] (UNCL). 9. "Finance, insurance, and real estate [H]. r elk Services Division. 10. "Advertising" (731). 11. "Commercial, economic, sociological and educational research" (8732). 12. "Commercial, physical, and biological research" (8731). 13. "Computer programming, data processing, and other computer related services" (737). 14. "Consumer credit reporting agencies" (732). 15. "Detective and guard services" (7381). 16. "Electrical and electronic repair shops" (7629). 17. "Engineering, accounting, research, management and related services" (87). 18. "Family residential care facility [SR]. 19. "Garment pressing, and agents for laundries and dry cleaners" (7212). 20. "Home healthcare services" (808). 21. "Legal Services" (811). 22. "Mailing, reproduction, commercial art and photography and stenographic services" (733). 23. "Management and public relations services" (874). 24. "Medical and dental laboratories" (807). 25. "Miscellaneous personal services not elsewhere classified" (7299). 26. "News syndicates" (7383). 27. "Noncommercial research organizations" (8733). rok 28. "Photographic studios, portrait" (722). 29. "Professional sports operators and promoters" (7941). 30. "Radio and television repair shops" (7622). 31. "Residential care facility" [SR]. 32. "Security systems services" (7382). 33. "Shoe repair shops and shoeshine parlors" (725). 34. "Tax return preparation services" (7291). 35. "Watch, clock, and jewelry repair" (763). Retail trade division: 36. "Apparel and accessory stores" (56). 37. "Catalog and mail order houses" (5961). 38. "Optical goods stores" (5995). Agricultural division: 39. "Farm labor and management services" (076). 40. "Landscape counseling and planning" (0781). Transportation, communication, and utilities division: 41. "Arrangement of passenger transportation" (472). 42. "Arrangement of transportation of freight and cargo" (473). 43. "Bus charter service operators' offices" (414). 44. "Cable and other pay television services" (484). 45. "Communication services not elsewhere classified" (489). 46. "Intercity and rural bus transportation operators' office" (413). 47. "Local and suburban passenger transportation operators' offices" (411). 48. "Railroad operators' offices" (401). 49. "Telegraph and other message communications" (482). 50. "Telephone communications" (481). Miscellaneous uses division: 51. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the RB residence business district, subject to the provisions of section 19.12.500 of this title. 52. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the RB residence business district, subject to the provisions of section 19.10.400 of this title. 53. "Fences and walls" [SR] (UNCL). 54. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the RB residence business district, subject to the provisions of chapter 19.47 of this title. 55. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the RB residence business district, subject to the provisions of chapter 19.45 of this title. 56. "Refuse collection area" [SR]. 57. "Signs [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 this PRB Planned Residence Business District: r Services division: 1. "Child daycare services" (835). 2. "Home child daycare services" [SR] (8351). 3. "Individual and family social services" (832). 4. "Job training and vocational rehabilitation services" (833). 5. "Other schools and educational services" (829). 6. "Physical fitness facilities" (7991). 7. "Reupholstery and furniture repair" (764). Miscellaneous uses division: 8. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the RB residence business district, subject to the provisions of section 19.12.500 of this title. 9. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the RB residence business district, subject to the provisions of section 19.10.400 of this title. 10. "Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title. 11. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60 of this title. r Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the RB residence business district or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this title: Services division: 1. "Business services not elsewhere classified" (7389). 2. "Laundry and garment services not elsewhere classified" (7219). 3. "Miscellaneous health and allied services not elsewhere classified" (809). 4. "Miscellaneous personal services not elsewhere classified" (7299). 5. "Miscellaneous repair shops and related services" (769). 6. "Services not elsewhere classified" (899). 7. "Social services not elsewhere classified" (839). G. Site Design. In this PRB District, except as otherwise provided for herein, Lot 11 as described in Section 2 shall be subject to the following conditions: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance and Floor Plan, submitted with the development application and cover letter prepared by Richard L. Heimberg, Esquire; dated July 18, 2006. 2. Substantial conformance to the Preliminary Site and Landscape Plan prepared by Paul Bednar Planning & Design, Ltd. and dated August 1, 2006. 3. In addition to the proposed landscaping, a six foot high solid fence shall be installed along the west and south property lines. 4. Any future dumpster enclosure shall be screened as required by the zoning ordinance. 5. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PRB District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. Off-Street Loading. In this PRB District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PRB District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. r K. Amendments. In this PRB 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 PRB zoning district authorize such an application. L. Planned Developments. . In this PRB 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. An application for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PRB zoning district and without necessitating that all other property owners in this PRB zoning district authorize such an application. M. Conditional Uses. In this PRB 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 PRB zoning district and without necessitating that all other property owners in this PRB zoning district authorize such an application. N. Variations. In this PRB 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. 0. 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. P. 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. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor r �,{ OF Presented: January 13, 2010 Li Passed: January 13, 2010 2 _ Omnibus Vote: Yeas: 7 Nays: 0 ill'' b Recorded: January 14, 2010 ' 6 1l Published: f7� , ,�` NI !, Attest: Diane Robertson, Cit Clerk r r