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HomeMy WebLinkAboutG31-03 Ordinance No. G31-03 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Providence Subdivision - 3201 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory 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 public hearings concerning said applications 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 0 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 herein before laid out in the `Zoning District Map' , as amended, be and are hereby altered by including in the PSFR1 Planned Single Family Residence District, the following described property: PARCEL ONE THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS FURTHER DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE WEST LINE OF DOCUMENT 1015195 AND THE NORTH LINE OF DOCUMENT 97K08058; THENCE SOUTH 20 DEGREES 54 MINUTES 29 SECONDS WEST, 49 . 15 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 10 SECONDS EAST, 528 . 13 FEET; THENCE SOUTH 40 DEGREES 52 MINUTES 45 SECONDS WEST, 113 . 62 FEET; THENCE NORTH 49 DEGREES 07 MINUTES 15 SECONDS WEST, 243 . 11 FEET; THENCE SOUTH 35 DEGREES 46 MINUTES 26 SECONDS WEST, 40 . 16 FEET; THENCE NORTH 49 DEGREES 07 MINUTES 15 SECONDS WEST, 555 . 43 FEET; THENCE NORTH 40 DEGREES 52 MINUTES 45 SECONDS EAST, 40 . 00 FEET; THENCE NORTHWESTERLY, 162 .44 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 300 . 00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 33 DEGREES 36 MINUTES 32 SECONDS WEST; THENCE NORTH 18 DEGREES 05 MINUTES 49 SECONDS WEST, 104 . 78 FEET; THENCE NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 267 . 05 FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 300 . 00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 43 DEGREES 35 MINUTES 53 SECONDS WEST; THENCE NORTH 69 DEGREES 05 MINUTES 58 SECONDS WEST, 336 . 08 FEET; THENCE NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 103 . 04 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 300 . 00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 59 DEGREES 15 MINUTES 36 SECONDS WEST; THENCE NORTH 49 DEGREES 25 MINUTES 13 SECONDS WEST, 107 . 71 FEET; THENCE NORTH 40 DEGREES 34 MINUTES 47 SECONDS EAST, 6 . 09 FEET; THENCE NORTHEASTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 33 . 91 FEET ALONG A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 4680 . 66 FEET, THE CHORD OF SAID CURVE BEARING NORTH 40 DEGREES 22 MINUTES 20 SECONDS EAST; THENCE SOUTH 69 DEGREES 05 MINUTES 58 SECONDS EAST, 1551 .43 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS . PARCEL TWO THAT PART OF SECTIONS 17 AND 18, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS FURTHER DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE WEST LINE OF DOCUMENT 1015195 AND THE NORTH LINE OF DOCUMENT 97K08058 ; THENCE NORTH 20 DEGREES 54 MINUTES 29 SECONDS EAST, 2619 . 36 FEET; THENCE EASTERLY, 173 . 25 FEET ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2905 . 00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 70 DEGREES 54 MINUTES 23 SECONDS EAST; THENCE SOUTH 72 DEGREES 36 MINUTES 54 SECONDS EAST, 973 . 84 FEET; THENCE SOUTH 28 DEGREES 43 MINUTES 10 SECONDS WEST, 695 . 86 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 10 SECONDS EAST, 832 . 60 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 50 SECONDS WEST, 155 . 00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 10 SECONDS EAST, 310 . 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID LINE, 142 .49 FEET; THENCE SOUTHWESTERLY, TANGENT TO THE LAST rft DESCRIBED COURSE, 167 . 13 FEET ALONG A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200 . 00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 23 DEGREES 49 MINUTES 13 �► SECONDS WEST; THENCE SOUTH 47 DEGREES 45 MINUTES 35 SECONDS WEST, 234 . 84 FEET; THENCE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 147 . 03 FEET ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 200 . 00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 68 DEGREES 49 MINUTES 12 SECONDS WEST; THENCE SOUTH 89 DEGREES 52 MINUTES 50 SECONDS WEST, 293 . 34 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 10 SECONDS WEST, 291 .46 FEET; THENCE NORTH 45 DEGREES 10 MINUTES 22 SECONDS WEST, 260 . 49 FEET; THENCE NORTH 55 DEGREES 03 MINUTES 40 SECONDS EAST, 208 . 99 FEET; THENCE EASTERLY, 395 . 83 FEET ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 810 . 00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 76 DEGREES 07 MINUTES 12 SECONDS EAST; THENCE NORTH 89 DEGREES 52 MINUTES 50 SECONDS EAST, 300 . 06 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS . PARCEL THREE THAT PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS FURTHER DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE WEST LINE OF DOCUMENT 1015195 AND THE NORTH LINE OF DOCUMENT esb- 97K08058 ; THENCE SOUTH 20 DEGREES 54 MINUTES 29 SECONDS WEST, 49 . 15 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 10 SECONDS EAST, 528 . 13 FEET; THENCE SOUTH 40 DEGREES 52 MINUTES 45 SECONDS WEST, 113 . 62 FEET; THENCE NORTH 49 DEGREES 07 MINUTES 15 SECONDS WEST, 243 . 11 FEET; THENCE SOUTH 35 DEGREES 46 MINUTES 26 SECONDS WEST, 1378 . 54 FEET; THENCE SOUTH 50 DEGREES 46 MINUTES 33 SECONDS EAST, 779 . 20 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 40 SECONDS EAST, 1607 . 80 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, 28 . 00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 40 SECONDS EAST, 255 . 00 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 20 SECONDS EAST, 160 . 00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 40 SECONDS EAST, 361 . 49 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 20 SECONDS WEST, 886 . 70 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 40 SECONDS WEST, 616 . 87 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST, 698 . 70 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS . " Section 2 . That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions : r Pw A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached 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 should be 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 detached 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) . Municipal Services Division. 8 . Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9 . "Development sales office" [SR] (UNCL) . Services Division. 10 . "Family residential care facility" [SR] (8361) . 11 . "Home child day care services" [SR] (8351) . 12 . "Residential Care Facility" [SR] Construction Division. 13 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication, and Utilities Division. 14 . "Amateur radio antennas" [SR] (UNCL) . 15 . "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 16 . "Radio and television antennas" [SR] (UNCL) . 17 . "Satellite dish antennas" [SR] (UNCL) . 18 . "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 19 . "Fences and walls" [SR] (UNCL) . 20 . "Parking lots" [SR] (UNCL) , exclusively "accessory" eigb. [SR] , subject to the provisions of Chapter 19 .45, Off Street Parking. 21 . "Refuse collection area" [SR] 22 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50, Signs . 23 . "Temporary uses" [SR] (UNCL) . 24 . "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Section 19 . 12 . 500, Accessory Structures and Buildings . 25 . "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single 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 PSFR1 Planned Single 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 PSFR1 Single 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 district, the use and development of land and structures shall be further subject to the following conditions : 1 . Substantial conformance to the Preliminary Plat, prepared by Cemcon, Ltd. And Land Vision, Inc . , and dated April 9, 2003 . 2 . Substantial conformance to the Preliminary Engineering Plans, prepared by Cemcon, Ltd, with a final revision date of March 25, 2003 . 3 . Substantial conformance to the Preliminary Landscape Plan, prepared by Hitchcock Design Group, and dated March 27, 2003 . rm. 4 . Substantial conformance to the building elevations contained within the Home Design Guidebook dated May 5, 2003 . 5 . Additional building elevations for residential structures to be constructed on the Subject Property may be authorized and approved by the city' s Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, the annexation agreement for the Subject Property and the architectural and design guidelines in the city' s Far West Area Plan, as amended, including, but not limited to, the design guidelines provided for garages as set forth in Ordinance G6-01 . 6 . The required residential lot area for this PMFR Planned Multiple Family Residence District shall be as shown on the Preliminary Plat, prepared by Land Vision, Inc . , and dated April 9, 2003 . 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. 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. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development . The calculation for square footage shall not include the base of the sign for all signs with exception to the marketing identification signs . These signs shall include the following: 1 . Three marketing identification signs, each containing 144 square feet of surface area. One sign shall be permitted on US Route 20, one sign on Nesler Road, and one sign on Water Road. rft 2 . One 80 square foot directional sign to be located on or about Lot 67 . 11► 3 . Seven secondary directional signs containing 6 square feet in surface area to be located on or about Lots 77, 80, 86, 143 , 247 and 267, and also on Parcel 18 . 4 . Four parking area signs containing 6 square feet in surface area to be located on or about Lots 147, 259, 488 and Parcel 14 . 5 . Five sales information center signs containing 16 square feet in surface area to be located on or about Lots 146, 244, 258 , 487, and Parcel 14 . 6 . Six community theme signs containing 24 square feet in surface area to be located on or about Lots 68 through 77 . 7 . One sign containing six square feet in surface area is permitted for each model home . 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. eft. 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 eft Municipal Code, as may be 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 PSFR1 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 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. P. 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 sewer shall be overhead sewers . 2 . All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. 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. -• ti..�z if / "4/. Ed Schock, Mayor Presented: May 14 , 2003 Passed: May 14 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: May 15, 2003 Attest : Dolonna Mecum, ity Clerk