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HomeMy WebLinkAboutG38-02 eibk Ordinance No. G38-02 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (1398 Summit - Summit Ridge) 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 rft 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 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: LEGAL DESCRIPTION PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT: LOTS 29 AND 30 IN BERNER ESTATES, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE NORTH 89 DEGREES 09 MINUTES 45 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 29 FOR A DISTANCE OF 155 . 82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 37 . 64 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 48 SECONDS EAST FOR A DISTANCE OF rik 105 . 00 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 206 . 00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 48 SECONDS WEST FOR A DISTANCE OF 105 . 00 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST FOR A DISTANCE OF 15 . 70 FEET TO A POINT OF CURVE; THENCE AROUND A CURVE TO THE RIGHT WITH A RADIUS OF 97 . 00 FEET THROUGH A CENTRAL ANGLE OF 61 DEGREES 06 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF 92 . 80 FEET AND HAVING A CHORD BEARING OF NORTH 30 DEGREES 45 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 88 .46 FEET; THENCE SOUTH 17 DEGREES 28 MINUTES 46 SECONDS EAST FOR A DISTANCE OF 84 . 49 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 49 SECONDS EAST FOR A DISTANCE OF 37 .30 FEET; THENCE NORTH 72 DEGREES 31 MINUTES 14 SECONDS EAST FOR A DISTANCE OF 140 . 00 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 46 SECONDS WEST FOR A DISTANCE OF 95 . 93 FEET; THENCE NORTH 72 DEGREES 31 MINUTES 14 SECONDS EAST FOR A DISTANCE OF 55 . 55 FEET TO A POINT Of CURVE; THENCE AROUND A CURVE TO THE RIGHT WITH A RADIUS OF 97 . 00 FEET THROUGH A CENTRAL ANGLE OF 68 DEGREES 40 MINUTES 23 SECONDS FOR AND ARC DISTANCE OF 104 .28 FEET AND HAVING A CHORD BEARING OF SOUTH 73 DEGREES 08 MINUTES 35 SECONDS EAST FOR A DISTANCE OF 98 . 15 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 32 SECONDS WEST FOR A DISTANCE OF 99 .44 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 27 SECONDS WEST FOR A DISTANCE OF 165 . 00 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 32 SECONDS EAST e FOR A DISTANCE OF 110 . 12 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 23 SECONDS WEST FOR A DISTANCE OF 2 . 08 FEET; THENCE SOUTH 86 DEGREES 23 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 110 .42 FEET; THENCE SOUTH 03 DEGREES 21 MINUTES 14 SECONDS EAST FOR A DISTANCE OF 165 . 00 FEET; THENCE NORTH 86 DEGREES 23 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 107 . 85 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 387 . 00 FEET THROUGH A CENTRAL ANGLE OF 02 DEGREES 30 MINUTES 23 SECONDS FOR AN ARC DISTANCE OF 16 . 93 FEET AND HAVING A CHORD BEARING OF SOUTH 01 DEGREES 35 MINUTES 37 SECONDS EAST FOR A DISTANCE OF 16 . 93 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 47 SECONDS WEST FOR A DISTANCE OF 23 . 64 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 30; THENCE SOUTH 89 DEGREES 09 MINUTES 45 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 29 AND 30 FOR A DISTANCE OF 378 . 17 FEET; TO THE POINT OF BEGINNING, AND ALSO EXCEPT THE FOLLOWING PARCEL: ALL THAT PART OF LOTS 29 AND 30 IN BERNER ESTATES, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF LOT 29 THENCE;NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 39 FOR A DISTANCE OF 839 . 87 FEET TO THE NORTHWEST CORNER OF SAID LOT 29; THENCE NORTH 89 DEGREES 09 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 29 AND 30 FOR A DISTANCE OF 577 . 39 FEET TO THE NORTHEAST CORNER OF SAID LOT 30; THENCE SOUTH 00 DEGREES 11 MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 30 FOR A DISTANCE OF 522 . 96 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE TO THE LEFT WITH A RADIUS OF 130 . 00 FEET THROUGH A CENTRAL ANGLE OF 42 DEGREES 40 MINUTES 28 SECONDS AN ARC DISTANCE OF 96 . 83 FEET FOR A CHHORD BEARING OF NORTH 21 DEGREES 08 MINUTES 29 SECONDS WEST A DISTANCE OF 94 . 60 FEET; THENCE NORTH 17 DEGREES 14 MINUTES 47 SECONDS EAST FOR A DISTANCE OF 86 . 69 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 20 . 94 FEET; THENCE NORTH 72 DEGREES 45 MINUTES 12 SECONDS WEST FOR A DISTANCE OF 117 . 78 FEET; THENCE SOUTH 17 DEGREES 14 MINUTES 47 SECONDS WEST FOR A DISTANCE OF 64 . 69 FEET; THENCE SOUTH 01 DEGREES 25 MINUTES 02 SECONDS EAST FOR A DISTANCE OF 35 . 00 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE TO THE LEFT WITH A RADIUS OF 130 . 00 FEET THROUGH A CENTRAL ANGLE OF 02 DEGREES 47 MINUTES 04 SECONDS FOR AN ARC DISTANCE OF 6 . 32 FEET AND HAVING A CHORD BEARING OF SOUTH 84 DEGREES 32 MINUTES 14 SECONDS WEST FOR A DISTANCE OF 6 .32 FEET; THENCE NORTH 07 DEGREES 27 MINUTES 47 SECONDS WEST FOR A DISTANCE OF 31 . 51 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 46 SECONDS WEST FOR A DISTANCE OF 61 . 20 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 14 SECONDS WEST FOR A eimiK DISTANCE OF 176 . 00 FEET; THENCE SOUTH 17 DEGREES 28 MINUTES 46 SECONDS EAST FOR A DISTANCE OF 90 . 00 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 14 SECONDS WEST FOR A DISTANCE OF 9 . 83 FEET; THENCE NORTH 19 DEGREES 28 MINUTES 33 SECONDS WEST FOR A DISTANCE OF 90 . 05 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 14 SECONDS WEST FOR A DISTANCE OF 124 . 08 FEET; THENCE SOUTH 19 DEGREES 28 MINUTES 33 SECONDS EAST FOR A DISTANCE OF 61 . 53 FEET; THENCE SOUTH 42 DEGREES 50 MINUTES 10 SECONDS EAST FOR A DISTANCE OF 42 . 07 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE TO THE LEFT HAVING A RADIUS OF 130 . 00 FEET THROUGH A CENTRAL ANGLE OF 02 DEGREES 52 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 6 . 54 FEET AND HAVING A CHORD BEARING OF SOUTH 49 DEGREES 01 MINUTES 54 SECONDS WEST FOR A DISTANCE OF 6 . 54 FEET; THENCE NORTH 52 DEGREES 33 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 65 .46 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 15 SECONDS WEST FOR A DISTANCE OF 89 . 89 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 360 . 18 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST FOR A DISTANCE OF 100 . 00 FEET; THENCE SOUTH OODEGREES 11 MINUTES 45 SECONDS WEST FOR A DISTANCE OF 35 . 72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 29; THENCE SOUTH 89 DEGREES 09 MINUTES 45 SECONDS WEST ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 112 . 82 FEET TO THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS, AND CONTAINING 4 . 6194 ACRES MORE OR LESS . Section 2 . That the City Council of the City of Elgin hereby classifies the subject property in the PMFR Planned Multiple Family District which shall be designed, developed and operated 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 a townhome community, 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 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] in this PMFR zoning district : Residence Division. 1 . "Multiple family dwellings" [SR] (UNCL) . 2 . "Residential garage sales" [SR] (UNCL) . 4 . "Residential outdoor storage of firewood" [SR] (UNCL) . "Residential parking areas" [SR] (UNCL) . 6 . "Residential storage" [SR] (UNCL) . "Residential storage of trucks or buses" [SR] (UNCL) . Finance, Insurance, and Real Estate Division. 8 . "Development sales office" [SR] (UNCL) . 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 . In this PMFR zoning district, the use and development of land and structure 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 "conditional use" [SR] 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 . G. 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 w Section 19 . 12 , Site Design, of the Elgin Municipal Code, (' as amended. In this PMFR zoning district, the use and re*. 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 Plan, prepared by Integrated Planning Services, and dated August 3 , 2001 and revised January 28 , 2002 , and the preliminary plat of subdivision prepared by U. S . Shelter Group, Inc . , dated October 19, 2001 . H. 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 Integrated Planning Services, and dated August 3 , 2001 and revised January 28, 2002 . I . 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 Statement of Purpose and Conformance, submitted by Jack Sorenson, dated July 5, 2001 . 2 . Substantial Conformance to the letter from Jack Sorenson to Todd Wyatt, dated December 20, 2001 . rm. 3 . Substantial conformance to the Development Plan Design Sheet, prepared by Integrated Planning Services, dated August 5, 2001 and revised January 28, 2002 . 4 . Substantial conformance to the Preliminary Engineering Plan, prepared by Spies and Associates, Inc . , dated August 5, 2001 and revised March 1, 2002 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 5 . Provision of easements for a traffic signal and public sidewalks, and payment of funds to the City of Elgin in an amount sufficient to construct a public sidewalk across the full frontage of the property. The sidewalk easement shall be 10 feet deep and shall extend across the full frontage of the property, and the traffic signal easement shall be as shown on the attached "traffic signal easement exhibit" . eft. 6 . Substantial conformance to the proposed Overall Landscaping Plan and Typical Foundation Plan, prepared by Integrated Planning Services, dated August 3 , 2001 and revised February 26, 2002 . 7 . Substantial conformance to the proposed interior streetscape elevation and the proposed rear elevation prepared by Bloom and Fiorno Architects Inc. , dated February 28 and March 1, 2002 . 8 . Substantial conformance to the proposed sign elevation, undated. 9 . Compliance with all other applicable codes and ordinances . 10 . Construction and 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 . J. Off-street Loading. In this PMFR zoning district, off- street loading shall be subject to the provisions of Chapter 19 .47, rft Off-street Loading, of the Elgin Municipal Code, 1976, as amended. K. 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. L. 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. M. 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. N. 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. 0. 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. P. Subdivisions-Generally. 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 soil suitability and bearing capacity test shall be performed as required by the city engineer and the development administrator. Q. 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 sewers shall be overhead sewers . 2 . All structures containing sump pits and pumps shall have separate lines connecting the sump pit to the storm sewer as required by the city engineer and development administrator. r Section 3 . That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. E. Schock, Mayor Presented: June 12 , 2002 Passed: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Recorded: June 13 , 2002 Published: Attest : d16- Dolonna Mecum, City Clerk t