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HomeMy WebLinkAboutG85-03 Ordinance No. G85-03 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (MacKenzie Woods Subdivision - 1475 Summit Street) 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 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 PMFR Planned Multiple Family Residence District, the following described property: PART OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 01 MINUTES WEST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER 752 . 30 FEET; THENCE NORTH 353 . 90 FEET TO THE SOUTH LINE OF THE PUBLIC HIGHWAY (STATE ROUTE NO. 58) ; THENCE NORTH 89 DEGREES 00 MINUTES EAST ALONG SAID SOUTH LINE OF SAID HIGHWAY 752 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 341 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS . " rft. em. 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 : 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 : 2 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) . Finance, Insurance, and Real Estate Division. 6 . "Development sales office" [SR] (UNCL) . Services Division. 7 . "Family residential care facility" [SR] (8361) . 8 . "Home child day care services" [SR] (8351) . Construction Division. 9 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication, and Utilities Division. 10 . "Radio and television antennas" [SR] (UNCL) . 11 . "Satellite dish antennas" [SR] (UNCL) . 12 . "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 13 . "Fences and walls" [SR] (UNCL) . 14 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Zoning Ordinance . 15 . "Temporary uses" [SR] (UNCL) . 16 . "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, of the Elgin Zoning Ordinance . 17 . "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, of the Elgin Zoning Ordinance . 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) . 3 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 . "Amateur radio antennas" [SR] (UNCL) . 4 . "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 5 . "Commercial antenna tower" [SR] (UNCL) 6 . "Other radio and television antennas" [SR] (UNCL) . 7 . "Other satellite dish antennas" [SR] (UNCL) . 8 . "Pipelines, except natural gas" (461) . 9 . "Railroad tracks" (401) . 10 . "Treatment, transmission and distribution facilities : equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL) . Miscellaneous Uses Division. 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, of the Elgin Zoning Ordinance . 12 . "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this 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 . 14 . "Master Signage Plan" [SR] (UNCL) . 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 departures : Minimum Building Setback: The minimum building setback from a street lot line shall be 23 feet, the minimum rear yard setback shall be 30 feet, and the minimum building setback from a transition lot line shall be 32 feet . In this PMFR zoning district, the use and development of land and structures shall also be subject to the following conditions : eft 4 1 . Submission of a signed development agreement within which the owner accepts responsibility for paying all required impact fees, and which is mutually agreeable to both the developer and the City. 2 . Substantial conformance to the Preliminary Engineering Plan, prepared by JAS Associates, dated August 12 , 2003 . 3 . Substantial conformance to the Conceptual Site Landscape Plans, prepared by Trees Unlimited, dated August 15, 2003 . 4 . Substantial conformance to the Statement of Purpose and Conformance submitted by Charles P. Miller, no date . 5 . Substantial conformance to the proposed building elevations and floor plans for MacKenzie Woods . 6 . Compliance with all applicable codes and ordinances . 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. 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 em. the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be 5 r 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 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 eft. 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 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. E. Schock, Mayor Presented: October 22 , 2003 Passed: October 22 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: October 23 , 2003 Published: Attest : eft 'n Dolonna Mecum, City Clerk 6