G51-15 Ordinance No. G51-15
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(3191 U.S. Highway 20
The Lazar Brothers D/B/A: Oasis on 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 within a
PAB Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning &
Zoning Commission conducted a public hearing 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 & Zoning 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:
"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 the Northeast Quarter of Section 18, Township 41 North, Range 8
East of the Third Principal Meridian described as follows: Commencing at the
Northwest corner of the East Half of the Northeast Quarter of said Section;
thence South along the "Eighty" line 16 chains, 50 links to the center of the State
Road; thence South 64 Degrees 5 minutes East along the center of said road 8
chains 70 links for the place of beginning; thence South 31 1/2 degrees West 12
chains 1 1/2 links; thence North 64 degrees 5 minutes West 4 chains 39 links;
thence North 31 1/2 degrees East 12 chains and 1 1/2 links to the center of the State
Road; thence South 64 degrees 5 minute East along the center of said road 4
chains and 39 links to the place of beginning, (except that part of the Northeast
Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at an iron pipe at the Northwest
corner of the; East Half of the Northeast Quarter of said Section 18; thence on an
assumed bearing South 00 degrees 14 minutes 36 seconds East 1088.90 feet to the
centerline of U.S. Route 20; thence Southeast 283.06 feet along a curve to the left
having a radius of 20,000.00 feet chord bears South 64 degrees 42 minutes 24
seconds, East 283.06 feet) on said centerline to the point of beginning; thence
continuing 89.97 feet along a curve to the left having a radius of 20,000.00 feet
(chord bears, South 65 degrees 14 minutes 28 seconds East 89.97 feet) on said
centerline; thence South 65 degrees 22 minutes 12 seconds East 162.46 feet on
said centerline of U.S. Route 20 to the centerline of Nesler Road; thence South 31
degrees 10 minutes 24 seconds West 800.46 feet on said centerline of Nesler
Road; thence North 64 degrees 27 minutes 08 seconds West 33.16 feet to the
West right of way line of Nesler Road per Document Number 1365639; thence
North 31 degrees 10 minutes 24 seconds East 732.21 feet on said West right of
way line; thence North 34 degrees 19 minutes 42 seconds West 40.24 feet; thence
Northwest 220.15 feet along a curve to the right having a radius of 30,105.95 feet
(chord bears North 65 degrees 16 minutes 35 seconds West 220.15 feet); thence
North 31 degrees 10 minutes 52 seconds East 46.64 feet to the centerline of U.S.
Route 20, said point also being the point of beginning) in Elgin Township, Kane
County, Illinois (property commonly known as 3191 U.S. Highway 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.
2
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. Residences Division:
"Upper floor apartment dwellings" [SR] (UNCL).
2. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning
lot" [SR] containing less than two (2) acres of land.
3. Offices Division:
"Offices" [SR] (UNCL).
4. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services Division:
Advertising (731).
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Billiard parlors (7999).
Bingo parlors (7999).
"Car washes" [SR] (7542).
Carpet and upholstery cleaning agents without plants on the
premises (7217).
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).
Dance studios and schools (791).
3
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Funeral service (726).
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).
Laundry collecting and distributing outlets (7211).
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).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified
(7299).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
Motion picture theaters (7832).
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).
Other schools and educational services (829).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait(722).
Physical fitness facilities (7991).
Pool parlors (7999).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Refrigerator and air-conditioning service and repair(7623).
Reupholstery and furniture repair(764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
4
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
6. 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).
"Motor vehicle service stations" [SR] (554).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
Used building materials (5932).
Used merchandise stores (593).
7. Agricultural Division:
Dog grooming (0752).
Farm labor and management services (076).
Greenhouses for floral products, exclusively "accessory"
[SR] to a use allowed in the zoning district (0181).
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. Wholesale Trade Division:
Apparel piece goods and notions (513).
Drugs, drug proprietaries, and druggists' sundries (512).
Electrical goods (506).
5
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and
supplies (507).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Motor vehicles and motor vehicle parts and supplies (501).
Paper and paper products (511).
Professional and commercial equipment and supplies (504).
11. 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).
12. 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.
6
"Accessory package liquor sales establishment" [SR]
(UNCL)."Drive-through facilities" [SR], subject to the
provisions of Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory"
[SR] to a permitted use allowed in the AB Area Business
District, subject to the provisions of Chapter 19.47 of this
Title.
"Outdoor display areas" [SR] (UNCL).
"Outdoor display lots" [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.
"Parking structures" [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].
"Signs" [SR] (UNCL), subject to the provisions of Chapter
19.50 of this Title.
"Storage tanks" [SR] (UNCL).
"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:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Ballrooms (7911).
Bowling centers (7933).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Dance halls (7911).
Discotheques (7911).
Drive-in motion picture theaters (7833).
"Home child daycare services" [SR] (8351).
Individual and family social services (832).
Massage parlors (7299).
7
Organization hotels and lodging houses, on membership
basis (704).
4. Retail Trade Division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Package liquor sales establishments" [SR] (5921).
5. Agricultural Division:
"Kennels" [SR] (0752).
6. Mining Division:
7. Wholesale Trade Division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
8. 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).
Heliports (458).
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).
9. 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.
8
Similar Uses: The following enumerated land uses shall be subject
to classification as a permitted use or as a conditional use in the
AB Area Business District or in a less restrictive zoning district,
pursuant to subsection 19.10.400H of the Elgin Municipal Code:
1. Services Division:
Amusement and recreational services not elsewhere
classified (7999).
Business services not elsewhere classified (7389).
Miscellaneous health and allied services not elsewhere
classified (809).
Miscellaneous personal services not elsewhere classified
(7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Wholesale Trade Division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
3. Transportation, Communication, and Utilities Division:
Transportation services not elsewhere classified (4789).
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 southerly
piece 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 be in substantial
conformance with the following:
1. Substantial conformance with the Development Application submittal
comprising of the following documents:
a. Development Application and Statement of Purpose prepared by
Ambrose Design Group, LLC received on January 28, 2015. In the
event of any conflict between such documents and the provisions
of this ordinance or other applicable city ordinances, the provisions
of this ordinance or other applicable city ordinances shall
supersede and control.
b. Plat of Survey comprising of an ALTAIACSM Land Title Survey
prepared by Alan J. Coulson, PC, Professional Land Surveyors
dated January 10, 2014
9
c. Preliminary Engineering Plans entitled "Gas Station and
Convenience Store," Sheets C-1 through C-7 prepared by
Northwestern Engineering Consultants, P.C. dated April 23, 2014
and last revised on July 22, 2015, also including the following
stormwater management calculations:
i. Preliminary Stormwater Management calculations 0 Gas
Station and Convenience Store dated July 14, 2015
ii. Preliminary Retention/detention Calculations for Off-Site
Driveway in connection with Gas station at SW Corner of
US20/Nesler dated July 20, 2015.
d. Truck Turning Plan, Sheet TR-1, prepared by Ambrose Design
Group, LLC, dated June 4, 2012.
e. Letter from the Illinois Department of Transportation dated June
12, 2013 prepared by Thomas Gallenbach, P.E., providing
concurrence with the conceptual design of the development.
f. Preliminary Landscape Plans prepared by Heller & Associates,
dated July 24, 2015
g. Preliminary Floor Plans, Building Elevations and Graphics
submittal containing the following sheets prepared by Ambrose
Design Group dated December 17, 2013 and last revised on
August 31, 2015:
i. A-1, A-2 —Exterior Building Elevations
ii. A-3 —Floor Plan
iii. C-1 —Canopy Elevation
iv. Y-1 —Trash Enclosure Plan Elevation Details
v. FS-1 —Sign Plan
h. Exterior Lighting Application entitled "Parent Petroleum"prepared
by Red Leonard Associates dated July 15, 2015.
2. Future development of the southerly portion of the property shall require
Planned Development Approval through a public hearing and City
Council Approval.
3. The subject property shall be provided with access to the adjacent property
to the west by means of a private drive extending from Shannon Parkway
to the westerly extent of the subject property. The final alignment and
specifications of the driveway shall be designed per the requirements of
the Community Development, Engineering and Fire departments.
4. In the event of the development of the vacant commercial property to the
west, the property owner shall install landscape material within vehicle
use area landscape yards that will be designed to separate the land uses on
the subject property with those on the adjacent property to the west.
5. Compliance with all applicable codes and ordinances.
10
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, 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. A variation may be requested 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
11
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. 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 3. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
David J. Ka stain, ayor
Presented: December 16, 2015
Passed: December 16, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 16, 2015
Published: December 17, 2015 //� "F F '
Attest:
Kimberly Dewis, C ty Clerk
12