HomeMy WebLinkAboutG109-03 (2) Ordinance No. G109-03
AN ORDINANCE
RECLASSIFYING PROPERTY FROM
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(The Traditions at Fitchie Creek - 1101 Nolan Road)
WHEREAS, written application has been made to reclassify certain property located at
1101 Nolan Road from a PSFR2 Planned Single Family Residence District to a PMFR Planned
Multiple Family Residence 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 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 Chapter 19.07, Section 19.07.600 entitled"Official 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 SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
THE INTERSECTION OF THE SOUTH LINE OF BOWES ROAD AS
ESTABLISHED BY DOCUMENT NUMBER 563250 WITH THE WEST LINE OF
SAID QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 832.22
FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 105
DEGREES, 09 MINUTES, 59 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM), 50.82 FEET TO THE
EAST LINE OF NOLAN ROAD AS ESTABLISHED BY DOCUMENT NUMBER
1232476 FROM THE POINT OF BEGINNING; THENCE CONTINUING
EASTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE,
k 1738.30 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE
OF 165 DEGREES,22 MINUTES, 54 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) 687.73 FEET TO THE
WEST LINE EXTENDED OF A TRACT CONVEYED TO FRANZ AND HELGA
STOCKMAN BY DOCUMENT NUMBER 1574591; THENCE NORTHERLY
ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 00 MINUTES, 37
SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) BEING SAID WEST LINE EXTENDED AND
PARALLEL WITH THE EAST LINE OF SAID QUARTER, 34 FEET TO THE
NORTH BANK OF FITCHEE CREEK; THENCE EASTERLY, NORTHERLY
AND SOUTHEASTERLY ALONG THE NORTH BANK OF FITCHEE CREEK,
183 FEET MORE OR LESS, TO THE WEST LINE OF THE EASTERLY 127.28
FEET OF SAID QUARTER(MEASURED ALONG THE NORTH LINE OF SAID
QUARTER); THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF
SAID QUARTER, 53 FEET TO A POINT THAT IS 1369.00 FEET SOUTHERLY
OF THE NORTH LINE OF SAID QUARTER;THENCE EASTERLY PARALLEL
WITH THE NORTH LINE FORMING AN ANGLE OF 89 DEGREES, 48
MINUTES, 21 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM) 127.28 FEET TO THE SAID EAST
LINE; THENCE SOUTHERLY ALONG SAID EAST LINE, 1243.70 FEET TO
THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE
COMMONWEALTH EDISON COMPANY BY DOCUMENT NUMBER 1320007;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE FORMING
AN ANGLE OF 63 DEGREES, 47 MINUTES, 19 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM)
2902.55 FEET TO THE EAST LINE OF NOLAN ROAD;THENCE NORTHERLY
ALONG SAID EAST LINE OF NOLAN ROAD FORMING AN ANGLE OF 116
DEGREES, 37 MINUTES, 37 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 399.44 FEET
TO THE POINT OF BEGINNING IN KANE COUNTY, ILLINOIS; ALSO THE
ENTIRE RIGHT-OF-WAY OF NOLAN ROAD WHICH LIES BETWEEN THE
EXTENSIONS OF THE NORTHERLY AND SOUTHERLY BOUNDARIES OF
THE ABOVE DESCRIBED PARCEL, IN KANE COUNTY, ILLINOIS.
(COMMONLY KNOWN AS 1101 NOLAN ROAD).
Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residence District which shall be designed,developed,and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment for multiple family attached
dwellings, subject to the provisions of Chapter 19.60 Planned Developments, of the
Elgin Municipal Code, 1976,as amended. The PMFR District is most similar to,but
departs from the standard requirements of, the MFR Multiple Family Residential
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 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. Location and Size of District. This PMFR zoning district is located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PMFR 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 PMFR 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 PMFR District:
Residence Division.
1."Multiple family attached 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).
Services Division.
9."Family residential care facility" [SR] (8361).
10. "Home child day care services" [SR] (8351).
11. "Residential Care Facility" [SR]
Construction Division.
12. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
13. "Amateur radio antennas" [SR] (UNCL).
14. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
15. "Radio and television antennas" [SR] (UNCL).
16. "Satellite dish antennas" [SR] (UNCL).
17. "Treatment,transmission,and distribution facilities:poles,wires,cables,
teL conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
18. "Fences and walls" [SR] (UNCL).
19. "Parking lots"[SR] (UNCL),exclusively"accessory"[SR],subject to the
provisions of Chapter 19.45, Off Street Parking.
20. "Refuse collection area" [SR]
21. "Signs"[SR] (UNCL),subject to the provisions of Chapter 19.50,Signs.
22. "Temporary uses" [SR] (UNCL).
23. "Accessory structures"[SR](UNCL)to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
24. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR 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"conditional use" [SR] in this PMFR zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities"[SR] (UNCL)on a zoning lot containing less than two
acres of land.
Transportation, Communication, and Utilities Division.
3. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively"accessory" [SR}.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this
eibk PMFR Planned Multiple Family Residence District,subject to the provisions
of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses"[SR] (UNCL)to the conditional uses allowed in this PMFR
Multiple Family Residence District, subject to the provisions of Section
19.10. 400, Component Land Uses.
G. Site Design. In this PMFR 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. In this PMFR zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.25.735, Site
Design, (MFR Multiple Family Residence District)of the Elgin Zoning Ordinance,
with the following departure:
Minimum Building Setback: The minimum building setback from a street lot line
shall be 20 feet.
In this MFR zoning district,the use and development of land and structures shall also
be subject to the following conditions:
1. Substantial conformance to the Planned Development Plan for The Traditions
at Fitchee Creek, including the following plan sheets:
• General Development Plan,prepared by Lannert Group,dated February 7,
2003, last revised July 28, 2003.
• Clubhouse Villa Architecture, Units A-D, prepared by Lannert Group,
dated July 11, 2003.
• Clubhouse Villa Architecture, Units E-F, prepared by Lannert Group,
dated July 11, 2003.
• Clubhouse Architecture,prepared by Lannert Group,dated July 28,2003.
• Typical Unit Landscaping, prepared by Lannert Group, dated March 2,
2003.
• Landscape Features, prepared by Lannert Group,
- Sheet 1,Fitness trail and water features,dated October 24,2003.
- Sheet 2, Intersection, entry, signage and lighting, dated October
24, 2003.
- Sheet 3, Key map of masonry enhancements to building
elevations, dated October 27, 2003.
- Opinion of probable costs for landscape features, prepared by
Lannert Group, October 24, 2003.
• Preliminary Engineering(sheets 1-3),prepared by Cowhey,Gudmundson
Leder, Ltd., dated December 4, 2003.
2. Compliance with all other applicable codes and ordinances.
3. Except as hereinafter provided, at least one occupant of each occupied
residence on the subject property must be 55 years of age or older (the
"Qualifying Occupant")and no person under 18 years of age shall occupy or
reside in any dwelling on the subject property. In the event of the death of a
r• person who was the sole Qualifying Occupant of a dwelling on the subject
property,the spouse of such Qualifying Occupant may continue to occupy the
dwelling provided that the provisions of the United States Fair Housing Act,
as amended, and the Declaration of Covenants, Conditions and Restrictions
for the subject property are not violated by such occupancy. For the purposes
of this section, an occupant shall not be considered a permanent occupant
unless such occupant considers the dwelling to be his or her legal residence
and actually resides in the dwelling on the subject property for at least six
months during every calendar year or such shorter period as the dwelling on
the subject property shall be occupied by any person under the age of 18. For
purposes of this section, a dwelling shall be deemed to be "occupied"by any
person who stays overnight in the dwelling on the subject property more than
21 days in any 60 day period or more than 30 days in any 12 month period.
H. Off-street Parking. In this PMFR 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 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.
K. Amendments. In this PMFR 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 PMFR zoning
district authorize such an application.
L. Planned Developments. In this PMFR zoning district, application for a planned
development 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 PMFR zoning district and
without necessitating that all other property owners in this PMFR zoning district
authorize such an application.
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. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment to
this PMFR zoning district and without necessitating that all other property owners in
this PMFR zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition of a
lot or property owner subject to this Ordinance,however,such variation is subject to
the provisions of Section 19.70,Variations,of the Elgin Municipal Code, as maybe
amended. A variation may be requested by an individual property owner for a zoning
lot without requiring an amendment to this PMFR zoning district and without
necessitating that all other property owners in this PMFR zoning district authorize
such an application.
O. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance maybe 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.
Ed Schock, Mayor
Presented: February 11, 2004
Passed: February 11, 2004
Vote: Yeas: 6 Nays: 0
Recorded: February 12, 2004
Published:
Attest:
Dolonna Mecum, City Clerk