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HomeMy WebLinkAboutG46-03 Ordinance No. G46-03 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (The Reserve - 2705 Bowes 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 PCF Planned Community Facility 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 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 PCF Planned Community Facility District, the following described property: " THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THOSE PARTS DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 07 MINUTES 05 SECONDS WEST, 437 . 94 FEET, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 330 . 00 FEET; THENCE SOUTH 50 DEGREES 20 MINUTES 28 SECONDS WEST, 638 . 67 FEET; THENCE NORTH 01 DEGREES 11 MINUTES 00 SECONDS WEST, 730 . 00 FEET; THENCE NORTH 89 DEGREES 07 MINUTES 05 rb. SECONDS EAST, 500 . 01 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . - 1 - eft ALSO COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 04 MINUTES 22 SECONDS EAST, 1, 032 . 32 FEET, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04 MINUTES 22 SECONDS EAST, ALONG SAID EAST LINE, 650 . 00 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 38 SECONDS WEST, 238 . 75 FEET; THENCE NORTH 50 DEGREES 44 MINUTES 09 SECONDS WEST, 238 . 75 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 51 SECONDS EAST, 650 . 00 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . ALSO COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 47 MINUTES 47 SECONDS WEST, 789 .22 FEET, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 47 MINUTES 47 SECONDS WEST, ALONG SAID LINE, 1, 078 . 32 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 13 SECONDS WEST, 200 . 00 FEET; THENCE NORTH 43 DEGREES 47 r'" MINUTES 47 SECONDS EAST, 339 .41 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 13 SECONDS WEST, 200 . 00 FEET; THENCE NORTH 43 DEGREES 47 MINUTES 47 SECONDS EAST, 332 . 34 FEET; THENCE NORTH 88 DEGREES 47 MINUTES 47 SECONDS EAST, 603 . 32 FEET; THENCE SOUTH 01 DEGREES 12 MINUTES 13 SECONDS EAST, 875 . 00 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS (Property commonly known as 2705 Bowes Road) . Section 2 . That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions : A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19 . 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general , community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis . The PCF District is most similar to, but departs from the standard requirements of the CF Community Facility District . - 2 - 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 PCF 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 PCF 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 PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF 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 PCF 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 PCF zoning district : Municipal Services Division. 1 . "Municipal Facilities" [SR] (UNCL) 2 . "Public parks, recreation, and open space" [SR] (UNCL) . Public Administration Division. 3 . Justice, public order, and safety. Services Division. 4 . Public Libraries (823) . Construction Division. 5 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication, and Utilities Division. eift 6 . Radio and television antennas" [SR] (UNCL) . 7 . "Satellite dish antennas" [SR] (UNCL) . - 3 - w 8 . "Treatment, transmission, and distribution [ facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 9 . "Fences and walls" [SR] (UNCL) . 10 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50, Signs . 11 . "Temporary uses" [SR] (UNCL) . 12 . "Parking lots" [SR] (UNCL) , exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19 . 47, Off- street Parking. 13 . "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19 . 12 . 500 , Accessory Structures and Buildings . 14 . "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19 .20 .400, Component Land Uses . In this PCF 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 PCF zoning district : Transportation, Communication, and Utilities Division. 1 . "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 2 . "Commercial antenna tower" [SR] (UNCL) . 3 . "Other radio and television antennas" [SR] (UNCL) . 4 . "Other satellite dish antennas" [SR] (UNCL) . 5 . "Pipelines, except natural gas" (461) . 6 . "Railroad tracks" (401) . 7 . "Treatment, transmission and distribution facilities : equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL) . Miscellaneous Uses Division. 8 . "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 . 9 . "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Planned Community Facility District, subject to the elk provisions of Chapter 19 . 12 . 500, Accessory structures and Buildings . - 4 - 10 . "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19 . 10 . 400, Component Land Uses . G. Site Design. In this PCF 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 PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 30 . 135, Site Design (CF Community Facility District) , of the Elgin Zoning Ordinance . In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions : 1 . Substantial conformance to the Preliminary Plat, prepared by Land Vision, Inc . , and dated January 8, 2003 , with a final revision date of June 10, 2003 . 2 . Substantial conformance to the Preliminary Engineering Plans, prepared by Manhard Consulting, Ltd. , and dated September 16, 2002 , with a final revision date of June 3 , 2003 . 3 . Substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc . , dated September 16, 2002 , with a final revision date of June 3 , 2003 . 4 . Dedication of an easement to the City to Elgin along the south property line, which provides a total easement depth of 40 feet . 5 . The owner shall use its best efforts to secure an interim emergency access to Parcel 6 until such time that a public street can be extended to the south. 6 . Compliance with all other applicable codes and ordinances . H. Off-street Parking. In this PCF 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 PCF zoning district, off- street loading shall be subject to the provisions of - 5 - fink Chapter 19 .47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs . In this PCF 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 design and location of these signs shall be in substantial conformance to the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4, 2003 , with the following exceptions : 1 . All signs shall be monument style signs . 2 . All construction project signs shall not exceed 144 square feet in surface area. The surface area of an individual sign shall be the total exposed surface devoted to the street graphic' s message including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. For freestanding signs, surface area shall include that portion of the supporting structure from the ground to the bottom of the sign. eft' 3 . There shall be a maximum of three flags . No flag shall exceed 60 square feet in surface area, nor 25 linear feet in height . 4 . A maximum of one construction project sign may be erected on the parcel of land to be dedicated to the City. The sign shall be removed from the city parcel upon written notification to the owner from the City. 5 . A maximum of two construction project signs may be erected on the north side of Bowes Road, also known as the "Edgewater" parcel . Such signs shall be relocated to the "Reserve" parcel upon the establishment of any signs advertising the "Edgewater" development on the north side of Bowes Road. A maximum of one of these signs may be relocated to the City parcel . The sign shall be removed from the city parcel upon written notification to the owner from the City. 6 . All signs referred to within the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4 , 2003 , shall be considered temporary in nature and shall be removed from the subject property within 30 days following the issuance of the final occupancy permit for this development . tom - 6 - K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19. 55, Amendments . A text amendment 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 PCF zoning district authorize such an application. L. Planned Developments. In this PCF 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. 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses . In this PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19. 70, Variations, of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. 0. 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. - 7 - 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. s/Ed Schock Ed Schock, Mayor Presented: June 11, 2003 Passed: June 11, 2003 Omnibus Vote : Yeas 7 Nays : 0 Recorded: June 12 , 2003 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk - 8 -