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HomeMy WebLinkAboutG44-99 4 �rw Ordinance No . G44-99 AN ORDINANCE AMENDING AN ORDINANCE CLASSIFYING PROPERTY LOCATED AT 1495 EAST CHICAGO STREET IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND CF COMMUNITY FACILITY DISTRICT (FIELDSTONE PLANNED DEVELOPMENT) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PMFR Planned Multiple Family Residence District and CF Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendation; 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 hereinbefore laid out in the ' Zoning District Map ' , as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: Parts of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner' s report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East of the Third Principal Meridian along with, all that part of the East Half of the Northwest Quarter of Section 20 and the West Half of the Northeast Quarter in Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows : Commencing at the Northwest corner of said Section 20, thence easterly along the North line of said Section 20 , 1803 . 07 feet to the easterly line of the public service company e right-of-way as conveyed by Document 9373888 ; thence South 4 degrees, 19 minutes, West along the easterly line of said public service company right-of-way, e 139 . 6 feet to the southerly line of State Route Number 19 as dedicated by Document Number 11200329, thence North 83 degrees, 10 minutes East along the southerly line of State Route 19, 216 . 2 feet ; thence easterly along said southerly line being along a curve to the right that is tangent to the last described course 253 . 18 feet for a point of beginning; thence continuing easterly along said southerly line 407 . 16 feet ; thence South 04 degrees, 43 minutes, 33 seconds West for a distance of 272 . 02 feet ; thence South 84 degrees, 57 minutes, 47 seconds East for a distance of 133 . 00 feet to the easterly line of said Lots "A" and "C" per case number 19700, said point also being on a line being 317 . 66 feet South of the center line of Chicago-Elgin Road (Illinois Route 19) ; thence South 83 degrees, 02 minutes, 16 seconds East along a line parallel with said center line for a distance of 150 . 11 feet ; thence North 04 degrees, 43 minutes, 33 seconds East along a line parallel with said East line of Parcel "C" and "A" for a distance of 317 . 81 feet to a point on the center line of said Chicago Elgin Road; thence South 83 degrees, 02 minutes, 16 seconds East along the last described line 622 . 19 feet to a point, said point also being the Northeast Corner of Lot 8 in the County Clerks Division of (ow Section 20 ; thence South 32 degrees, 32 minutes, 16 seconds East along the easterly line of said Lot 8 for a distance of 259 . 00 feet to a bend point in said easterly line of Lot 8, said point also being on the westerly line of the Elgin Joliet and Eastern Railroad Company right-of-way, being a curve; thence southerly along the last described line being a curve to the left, having a radius of 2881 . 85 feet for an arc distance of 882 . 87 feet, whose chord bears South 17 degrees, 44 minutes, 43 seconds West for a chord distance of 879 .42 feet to a point of tangency of said right-of-way; thence South 08 degrees, 58 minutes, 08 seconds West along said westerly right-of-way for a distance of 723 . 38 feet to a point of intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company with the northerly line of the Midland Industrial Park Subdivision, being a subdivision of part of Section 20 Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3 , 1979 as Document Number 22922298; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland Industrial Park Subdivision for a distance of 1283 . 61 feet to a eh, point; thence North 06 degrees, 57 minutes, 04 seconds East for a distance of 1698 . 00 feet to the point of beginning, excepting therefrom that part of 00 the Elgin Chicago Road (Illinois Route 19) as dedicated by Document Number 11200329, all in Cook County, Illinois . Also: Lot 6 in County Clerk ' s Division in Section 20, Township 41 North Range 9 East of the Third Principal Meridian, (except that part of said Lot falling in Document 11200329 recorded February 16, 1933 dedicated for highway purposes) . Also: Excepting therefrom: Part of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner' s report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East of the Third Principal Meridian along with, all that part of the East Half of the Northwest Quarter of Section 2-0 and the West Half of the Northeast Quarter of Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows : Commencing at the intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company and the northerly line of the Midland Industrial Park Subdivision, being a subdivision of part of Section 000ft. 20 , Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3 , 1979 as Document Number 22922298 ; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland Industrial Park Subdivision for a distance of 359 . 09 feet to a point ; thence North 07 degrees, 07 minutes, 05 seconds East 654 . 93 feet to the point of beginning; thence North 77 degrees 30 , minutes 06 seconds West 173 . 17 feet ; thence North 82 degrees, 26 minutes, 09 seconds West 104 .49 feet ; thence North 90 degrees, 00 minutes, 00 seconds West 167 . 00 feet; thence South 86 degrees, 05 minutes, 08 seconds West 51 . 02 feet; thence South 88 degrees, 58 minutes, 34 seconds West 83 . 70 feet; thence North 06 degrees, 57 minutes, 03o seconds East to a curve, thence northerly along a curve to the left, having a radius of 430 . 00 feet for an arc distance of 18 . 37 feet ; thence North 78 degrees, 45 minutes, 59 seconds East 198 .45 feet ; thence North 58 degrees, 51 minutes, 09 seconds East 85 . 74 feet; thence North 44 degrees, 15 minutes, 03 seconds East 156 . 00 feet; thence North 26 degrees, 50 minutes, 06 seconds East 87 . 27 feet; 99 . 59 feet ; thence South 48 degrees, 06 minutes, 37 seconds East 194 . 52 feet ; thence South 71 degrees, 15 minutes, 41 seconds East 43 . 95 feet; thence South 13 degrees, 33 minutes, 54 seconds West 184 . 20 feet; thence South 02 degrees, 14 minutes, 02 „ . seconds West 130 . 80 feet to the point of beginning, all in Cook County, Illinois . ” Section 2 . 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 hereinbefore laid out in the ' Zoning District Map ' , as amended, be and are hereby altered by including in the CF Community Facility District, the following described property: Part of Lots "A" and "C" in Section 20 according to the plat filed with the commissioner' s report in case number 19700 Circuit Court of Cook County, Illinois, in Township 41 North, Range 9 East of the Third Principal Meridian along with, all that part of the East Half of the Northwest Quarter of Section 2-0 and the West Half of the Northeast Quarter of Section 20, all in Township 41 North, Range 9 East of the Third Principal Meridian described as follows : Commencing at the intersection of the westerly right-of-way of the Elgin, Joliet and Eastern Railroad Company and the northerly line of the Midland Industrial Park Subdivision, being a subdivision of part of Section 20 , Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 3 , 1979 as Document Number 22922298; thence North 82 degrees, 52 minutes, 55 seconds West along said northerly line of Midland Industrial Park Subdivision for a distance of 359 . 09 feet to a point ; thence North 07 degrees, 07 minutes, 05 seconds East 654 . 93 feet to the point of beginning; thence North 77 degrees 30 , minutes 06 seconds West 173 . 17 feet; thence North 82 degrees, 26 minutes, 09 seconds West 104 .49 feet ; thence North 90 degrees, 00 minutes, 00 seconds West 167 . 00 feet; thence South 86 degrees, 05 minutes, 08 seconds West 51 . 02 feet; thence South 88 degrees, 58 minutes, 34 seconds West 83 . 70 feet; thence North 06 degrees, 57 minutes, 03o seconds East to a curve, thence northerly along a curve to the left, having a radius of 430 . 00 feet for an arc distance of 18 . 37 feet; thence North 78 degrees, 45 minutes, 59 seconds East 198 .45 feet ; thence North 58 degrees, 51 minutes, 09 seconds East 85 . 74 feet; thence North 44 degrees, 15 minutes, 03 seconds East 156 . 00 feet; thence North 26 degrees, 50 minutes, 06 seconds East 87 . 27 feet; thence North 09 degrees, 06 minutes, 16 ek seconds East 99 . 59 feet; thence South 48 degrees, 06 minutes, 37 seconds East 194 . 52 feet ; thence South 71 degrees, 15 minutes, 41 seconds East 43 . 95 feet; e.. thence South 13 degrees, 33 minutes, 54 seconds West 184 . 20 feet; thence South 02 degrees, 14 minutes, 02 seconds West 130 . 80 feet to the point of beginning, all in Cook County, Illinois . " Section 3 . That the City Council of the City of Elgin hereby grants the planned multiple family residence district and community facility district which shall be designed, developed, and operated subject to : A. PURPOSE AND INTENT The purpose and intent of the PMFR District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments of the Elgin Municipal Code . The PMFR District is most similar to, but departs from the standard requirements of the MFR district . B. SUPPLEMENTARY REGULATIONS Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretative requirements provided in Chapter 19 . 90 Supplementary Regulations of the Elgin Municipal Code . The exclusion e"' of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. GENERAL PROVISIONS In the PMFR 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 . D. ZONING DISTRICTS In the PMFR 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 . E. LOCATION AND SIZE OF DISTRICT The location of the PMFR District is an amendment to the official comprehensive plan. The PMFR District contains more than two (2) acres of land pursuant to the provisions of Chapter 19 . 25 . 925 Location and Size of District of the Elgin Municipal Code. F. LAND USE e,,, In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10 Land Use of the Elgin Municipal Code . The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in the PMFR District . Residence Division 1) "Multiple Family Dwellings" (SR) (UNCL) . 2) "Residential Garage Sales" (SR) (UNCL) . 3) "Residential Occupations" (SR) (UNCL) . 4) "Residential Outdoor Storage of Firewood" (SR) 5) "Residential Parking Areas" (SR) (UNCL) . 6) "Residential Storage" (SR) (UNCL) . Finance, Insurance, and Real Estate Division 7) "Development Sales Office" (SR) (UNCL) . Services Division 8) "Family Residential Care Facility" (SR) (8361) . 9) "Home Child Day Care Services" (SR) (8351) . Construction Division 10) "Contractors Office and Equipment Areas" (SR) (UNCL) . e Transportation, Communication and Utilities Division 11) "Radio and Television Antennas" (SR) (UNCL) . 12) "Satellite Dish Antennas" (SR) (UNCL) . 13) "Treatment, Transmission, and Distribution Facilities : Poles, Wires, Cables, Conduits, Laterals, Vaults, Pipes, Mains, and Valves" (SR) (UNCL) . Miscellaneous Uses Division The following shall be in substantial conformance with the revised Fieldstone Development Plan, prepared by the Lannert Group, dated October 28 , 1997 : 14) "Fences and Walls" (SR) (UNCL) . 15) "Parking Lots" (SR) (UNCL) . exclusively "accessory" (SR) . 16) "Refuse Collection Area" (SR) 17) "Signs" (SR) (UNCL) . 18) "Accessory Structures" (SR) , exclusively residential garages . In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10 Land Use of the Elgin Municipal Code . The following enumerated "land uses" (SR) shall be the only land uses allowed as a "conditional use" (SR) in the PMFR eft District . Residence Division 1) "Conditional Residential Occupations" (SR) (UNCL) . Transportation, Communication, and Utilities Division 2) "Other Radio and Television Antennas" (SR) (UNCL) . 3) "Other Satellite Dish Antennas" (SR) (UNCL) . 4) "Treatment, Transmission, and Distribution Facilities : Equipment, Equipment Buildings, Towers, Exchanges, Substations, Regulators" (SR) (UNCL) . G. SITE DESIGN In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code . In the PMFR District, the lot area, lot width, building street setbacks, vehicle use area street setbacks, residential floor area, building coverage, accessory building coverage, and vehicle use area shall be in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3 , 1999 . The revised k Fieldstone Development Plan, prepared by the Lannert Group, dated October 28 , 1997, shall govern over any other conflicting regulation within this ordinance. H. OFF STREET PARKING In the PMFR District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code . In the PMFR District, the location and design of the off street parking areas shall be in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3, 1999 . The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance . I . OFF STREET LOADING In the PMFR District, off street loading shall be subject to the provisions of Chapter 19 . 47, Off Street Loading, of the Elgin Municipal Code. In the PMFR District, off street loading facilities shall be located in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3 , 1999 . The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance . J. SIGNS In the PMFR District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code. In the PMFR District, the signs shall be located and designed in conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3 , 1999 . The Fieldstone Development Plan, prepared by the Lannert Group, and dated October 28, 1997, shall govern over any other conflicting regulation within this ordinance . K. AMENDMENTS TO THE PLANNED DEVELOPMENT In the PMFR District, amendments to the text and map of the PMFR District, shall be subject to the provisions of Chapter 19 . 60 , Planned Developments, of the Elgin Municipal Code . L. 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 . Section 4 . That the PMFR District shall be subject to the following conditions : 1 . Substantial conformance with the Amended Preliminary Plat, prepared by Johnston and Associates, and dated May 3 , 1999 . 2 . Substantial conformance with the revised Fieldstone Development Plans, prepared by the Lannert Group, dated October 28 , 1997 . 3 . Substantial conformance with the Petitioner' s Statement for Fieldstone prepared by U. S . Shelter Group, Incorporated, dated March 12 , 1997 . 4 . The exterior of the buildings shall consist of building materials such as vinyl, brick, wood and cedar. 5 . Compliance with all other applicable codes and ordinances . " Section 5 . That Ordinance No. G55-97 entitled "An k Ordinance Classifying Property Located at 1495 East Chicago Street in the PMFR Planned Multiple Family Residence District and CF Community Facility District (Fieldstone Planned „,, Development) ” passed on November 5 , 1997, be and is hereby repealed. Section 6 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Sc ock; Mayor Presented: July 28 , 1999 Passed: July 28, 1999 Omnibus Vote : Yeas 5 Nays 0 Recorded: July 29, 1999 Published: Attest : 94141't-42_ emk Dolonna Mecum, City Clerk e