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HomeMy WebLinkAboutG31-02 Ordinance No. G31-02 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (1451 and 1471 Bode Road - Insignia Homes) 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 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 22 , 2002 , 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 . 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 PMFR Planned Multiple Family Residence District, the following described property: THAT PART OF THE SOUTHWEST 1/ OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/, THENCE NORTH 88 DEGREES 14 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/, 1330 . 63 FEET TO THE EAST LINE OF LANDS CONVEYED BY OSCAR APPLEHOFF AND GRACE APPLEHOFF TO PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS BY DOCUMENT 9637524 ; THENCE SOUTH 00 DEGREES 04 MINUTES 49 SECONDS WEST ALONG SAID EAST LINE 25 . 41 FEET TO A LINE 40 . 00 FEET SOUTH OF (AS MEASURED PERPENDICULAR TO) THE CENTER LINE OF BODE ROAD (NOW PARK AVENUE) ACCORDING TO THE PLAT OF COUNTRY TRAILS UNIT 3 RECORDED APRIL 6 , 1992 AS DOCUMENT NUMBER 92230087, AND THE POINT OF BEGINNING OF THE PROPERTY HEREIN INTENDED TO BE DESCRIBED; THENCE NORTH 88 DEGREES 29 MINUTES 39 SECONDS EAST PARALLEL WITH SAID CENTER LINE, 721 . 47 FEET TO THE WEST LINE OF LOT 18 IN COUNTY CLERK' S DIVISION OF THE NORTHEAST 1% AND THE SOUTH % OF AFORESAID SECTION 17 , ACCORDING TO THE PLAT THEREOF RECORDED MAY 31 , 1895 AS DOCUMENT NUMBER 2227308 ; THENCE SOUTH 09 DEGREES 28 MINUTES 17 SECONDS WEST ALONG SAID WEST LINE OF LOT 18, 478 . 57 FEET; THENCE NORTH 83 DEGREES 05 MINUTES 39 SECONDS WEST, 71 . 04 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 54 SECONDS WEST, 77 . 88 FEET; THENCE NORTH 87 DEGREES 17 MINUTES 36 SECONDS WEST, 39 . 77 FEET; THENCE SOUTH 62 DEGREES 45 MINUTES 20 SECONDS WEST, 81 . 33 FEET; THENCE SOUTH 49 DEGREES 12 MINUTES 12 SECONDS WEST, 56 . 88 FEET; THENCE SOUTH 71 DEGREES 58 MINUTES 31 SECONDS WEST, 142 . 61 FEET; THENCE SOUTH 85 DEGREES 02 MINUTES 36 SECONDS WEST, 66 . 19 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 27 SECONDS WEST, 41 . 20 FEET TO THE EAST LINE OF LANDS CONVEYED BY OSCAR APPLEHOFF AND GRACE APPLEHOFF TO PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS BY DOCUMENT 9637524 ; THENCE NORTH 09 DEGREES 50 MINUTES 03 SECONDS WEST ALONG SAID EAST LINE, 594 . 34 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 00 DEGREES 04 MINUTES 49 SECONDS EAST ALONG SAID EAST LINE, 9 . 59 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS . Section 3 . That the City Council of the City of Elgin hereby classifies the subject property in the PMFR Planned Multiple Family District in accordance with the following provisions : A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned environment for an attached single family residence community, subject to the provisions of Chapter 19 . 60 Planned Developments of -2- 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 PMFR 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 PMFR 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. Land Use. In this PMFR zoning 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, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PMFR zoning district : Permitted uses. The following enumerated land uses shall be the only land uses allowed as permitted uses in this PMFR zoning 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] (UNCL) . 5 . "Residential parking areas" [SR] (UNCL) . 6 . "Residential storage" [SR] (UNCL) . 7 . "Residential storage of trucks or buses" [SR] (UNCL) . Finance, Insurance, and Real Estate Division. 8 . "Development sales office" [SR] (UNCL) . -3- Services Division. 9 . "Family residential care facility" [SR] (8361) . 10 . "Home child day care services" [SR] (8351) . Construction Division. 11 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication, and Utilities Division. 12 . "Amateur radio antennas" [SR] (UNCL) . 13 . "Radio and television antennas" [SR] (UNCL) . 14 . "Satellite dish antennas" [SR] (UNCL) . 15 . "Treatment , transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 16 . "Fences and walls" [SR] (UNCL) . 17 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50 , Signs . 18 . "Temporary uses" [SR] (UNCL) . 19 . "Accessory uses" [SR] (UNCL) , to the permitted uses allowed in this PMFR zoning district, subject to the provisions of Section 19 . 10 . 100, Component Land Uses . Conditional Uses. The following enumerated land uses shall be the only land uses allowed as conditional uses in this PMFR zoning district . Services Division. 1 . "Residential care facility" [SR] (8361) . Miscellaneous Uses Division. 2 . "Accessory uses" [SR] (UNCL) , to the conditional uses allowed in this PMFR zoning district, subject to the provisions of Section 19 . 10 . 100, Component Land Uses . F. Site Design. In this PMFR zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19 . 12 , Site Design, of the Elgin Municipal Code, as amended. In this PMFR zoning district, the use and development of land and structures shall be subject to Section I . , Supplementary Conditions, of this ordinance, and shall be in substantial conformance with the Site -4- Plan, prepared by Haeger and Associates, Inc . , and dated August 7 , 2001, with a final revision date of April 4 , 2002 . Construction permits are subject to the review and approval of final engineering plans and specifications, and other construction related drawings required pursuant to applicable codes and ordinances . G. Off-street Parking. In this PMFR zoning district, the location and design of driveways shall be in substantial conformance with the Site Plan, prepared by Haeger and Associates, Inc . , and dated August 7, 2001, with a final revision date of April 4 , 2002 . H. Supplementary Conditions. The following supplementary conditions shall also apply to the use and development of land and structures within this PMFR zoning district : 1 . Substantial conformance to the Standards for Planned Development statement submitted by Insignia Homes, Inc . , no date . 2 . Substantial conformance to the Site Plan, prepared by Haeger and Associates, Inc . , and dated August 7, 2001, with a final revision date of April 4 , 2002 . 3 . Substantial conformance to the Preliminary Plat of Subdivision, prepared by TFW Surveying and Mapping, Inc . , and dated August 23 , 2001, with a final revision date of April 5, 2002 . 4 . Substantial conformance to the proposed building elevations as follows : a . 6-Unit Control Elevations, prepared by Tinaglia Architects, and dated August 22 , 2001, with a final revision date of January 25, 2002 . b. Control Elevations, prepared by Tinaglia Architects, and dated August 22 , 2001, with a final revision date of March 4 , 2002 . c . Only those homes located along Bode Road and the two most northerly buildings located along the westerly property line shall be required to have entry porches located along the rear of the buildings . 5 . The number of trees to be preserved on site shall -5- be in substantial conformance with the trees shown on the Preliminary Landscape Plan, prepared by Pugsley and LaHaie, Ltd. , and dated August 14, 2001 . Any alteration in the number of trees to be preserved that is not deemed to be substantial conformance shall require reconsideration of the proposed planned development by the Planning and Development Commission. 6 . Substantial conformance with the sign elevation prepared by Pugsley & LaHaie, Ltd. , no date . 7 . Compliance with all other applicable codes and ordinances . I . Off-Street Loading. In this PMFR 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 PMFR zoning district, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, as amended. rm. K. Planned Developments. In this PMFR 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. L. Conditional Uses. In this PMFR 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. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Variations. In this PMFR zoning district, application for variation shall be subject to the provisions of Chapter 19 . 70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. -6- • F N. 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 full force and effect immediately after its passage in the manner provided by law. Ed c ock, Mayor Presented: April 24 , 2002 Passed: April 24, 2002 Omnibus Vote: Yeas : 7 Nays : 0 Recorded: April 25, 2002 Published: Attest : r� yam,.i Dolonna Mecum, City Clerk r -7-