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HomeMy WebLinkAboutG37-04 Ordinance No. G37-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Copper Springs Subdivision— 3400 and 3401 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 in the PSFR2 Planned Single 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 "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 PSFR2 Planned Single Family Residence District, the following described property: Parcel one. That part of Section 19 in Township 41 North, Range 8 east of the Third Principal Meridian in Elgin Township, Kane County, Illinois, described as follows; commencing at the pinched top iron pipe marking the south quarter corner of said section 19, per document no. 622758, recorded march 21, 1949; thence northerly along the north-south centerline of said section 19, having a Illinois east zone grid bearing of north 00 degrees 10 minutes 28 seconds west 268.12 feet; thence westerly along the following four courses: north 86 degrees 53 minutes 44 seconds west 457.21 feet; north 82 degrees 58 minutes 16 seconds west 377.14 feet; north 80 degrees 46 minutes 52 seconds west 97.25 feet; north 73 degrees 11 minutes 19 seconds west 368.33 feet; thence north 03 degrees 15 minutes 56 seconds east 33.12 feet for a place of beginning; thence continuing north 03 degrees 15 minutes 56 seconds east 1470.83 feet to a point on the centerline of water road; thence south 73 degrees 37 minutes 51 seconds east, along said centerline, 737.22 feet; thence south 56 degrees 44 minutes 27 seconds east, along said centerline, 214.53 feet; thence south 33 degrees 16 minutes 36 seconds west 249.20 feet; thence south 28 degrees 31 minutes 53 seconds west 152.68 feet; thence south 3 degrees 16 minutes 08 seconds west 420.00 feet; thence south, east and southwest along the arc of a curve being concave westerly, having a radius of 233.37 feet, having a chord bearing of south 13 degrees 46 minutes 04 seconds west, for an arc length of 659.83 feet; thence north 70 degrees 27 minutes 41 seconds west 109.38 feet; thence north 86 degrees 43 minutes 52 seconds west 525.06 feet to the place of beginning, in Kane County, Illinois. Parcel Two. That part of the southeast '/4 of Section 18 and that part of Section 19 in Township 41 north, range 8 east of the Third Principal Meridian in Elgin township, Kane County, Illinois, described as follows; commencing at the pinched top iron pipe marking the south quarter corner of said section 19, per document no. 622758, recorded march 21, 1949; thence northerly along the north- south centerline of said section 19, having a Illinois east zone grid bearing of north 00 degrees 10 minutes 28 seconds west 268.12 feet, along said north-south centerline; thence westerly along the following four courses: north 86 degrees 53 minutes 44 seconds west 457.21 feet; north 82 degrees 58 minutes 16 seconds west 377.14 feet; north 80 degrees 46 minutes 52 seconds west 97.25 feet; north 73 degrees 11 minutes 19 seconds west 368.33 feet; thence north 03 degrees 15 minutes 56 seconds east 1503.95 feet to a point on the centerline water road; thence north 73 degrees 37 minutes 51 seconds west 63.15 feet, along said centerline to a steel spike; thence north 35 degrees 27 minutes 57 seconds east r 1018.34 feet to the place of beginning; thence continuing north 35 degrees 27 minutes 57 seconds east 2350.96 feet to a point hereinafter referred to as "corner a"; thence north 48 degrees 39 minutes 14 seconds west 798.19 feet; thence north 40 degrees 32 minutes 40 seconds east 1348.97 feet; thence south 49 degrees 07 minutes 25 seconds east 677.41 feet; thence south 35 degrees 46 minutes 16 seconds west 1338.38 feet; thence south 50 degrees 46 minutes 43 seconds east 779.20 feet; thence south 0 degrees 07 minutes 50 seconds east 744.58 feet; thence north 59 degrees 58 minutes 32 seconds west 177.78 feet; thence southerly along the arc of a curve being concave northwesterly, having a radius of 200.00 feet, having a chord bearing of south 34 degrees 29 minutes 54 seconds west, for an arc length of 31.34 feet; thence south 38 degrees 59 minutes 15 seconds west 184.61 feet; thence southerly along the arc of a curve being concave northwesterly, having a radius of 690.07 feet, having a chord bearing of south 53 degrees 39 minutes 45 seconds west, for an arc length of 347.01 feet; thence southerly along the arc of a curve being concave southeasterly, having a radius of 170.00 feet, having a chord bearing of south 50 degrees 52 minutes 37 seconds west, for an arc length of 102.02 feet; thence north 56 degrees 01 minutes 52 seconds west 189.00 feet; thence north 42 degrees 06 minutes 51 seconds east 103.39 feet; thence north 58 degrees 40 minutes 38 seconds east 103.45 feet; thence north 64 degrees 45 minutes 48 seconds east 69.99 feet; thence north 56 degrees 32 minutes 56 seconds east 75.21 feet; thence north 47 degrees 57 minutes 22 seconds east 74.94 feet; thence north 40 degrees 12 minutes 56 seconds east 78.12 feet; thence north 38 degrees 59 minutes 16 seconds east 81.00 feet; thence north 38 degrees 22 minutes 59 seconds east 66.94 feet; thence north 00 degrees 22 minutes 39 seconds east 63.89 feet; thence north 00 degrees 07 minutes 50 seconds west 243.00 feet; thence north 03 degrees 13 minutes 51 seconds west 63.26 feet; thence north 24 degrees 07 minutes 49 seconds west 55.51 feet; thence north 46 degrees 11 minutes 00 seconds west 61.17 feet; thence north 51 degrees 00 minutes 35 seconds west 328.39 feet; thence south 31 degrees 23 minutes 05 seconds west 67.86 feet; thence south 54 degrees 32 minutes 03 seconds east 209.04 feet; thence south 41 degrees 46 minutes 27 seconds east 108.47 feet; thence south 26 degrees 04 minutes 45 seconds east 108.33 feet; thence south 09 degrees 51 minutes 42 seconds east 108.33 feet; thence south 06 degrees 21 minutes 22 seconds west 108.33 feet; thence south 22 degrees 34 minutes 25 seconds west 108.33 feet; thence south 38 degrees 47 minutes 28 seconds west 108.33 feet; thence south 55 degrees 00 minutes 31 seconds west 108.33 feet; thence south 64 degrees 20 minutes 03 seconds west 79.84 feet; thence south 53 degrees 03 minutes 57 seconds west 71.29 feet; thence south 40 degrees 30 minutes 20 seconds west 72.23 feet; thence south 35 degrees 27 minutes 57 seconds west 324.00 feet; thence south 36 degrees 20 minutes 23 seconds west 88.73 feet; thence south 46 degrees 37 minutes 56 seconds west 103.48 feet; thence south 60 degrees 00 minutes 58 seconds west 103.48 feet; thence south 73 degrees 24 minutes 00 seconds west 103.48 feet; thence south 86 degrees 10 minutes 15 seconds west 99.17 feet; thence south 90 degrees 00 minutes 00 seconds west 81.00 feet; thence south 85 degrees 19 minutes 08 seconds west 59.47 feet; thence south 34 degrees 41 minutes 21 seconds west 37.42 feet; thence south 00 degrees 00 minutes 00 seconds west 75.22 feet; thence south 90 degrees 00 minutes 00 seconds west 456.72 feet to the place of beginning, (except that part thereof described as follows; commencing at heretofore referenced "corner a"; thence north 48 degrees 39 minutes 14 seconds west 211.40 feet; thence north 41 degrees 20 minutes 46 seconds east 185.00 feet to the place of beginning; thence north 48 degrees 39 minutes 14 seconds west 404.35 feet; thence north 40 degrees 32 minutes 40 seconds east 215.27 feet; thence south 49 degrees 27 minutes 20 seconds east 129.00 feet; thence north 40 degrees 32 minutes 40 seconds east 567.00 feet; thence north 36 degrees 30 minutes 48 seconds east 53.90 feet; thence south 49 degrees 07 minutes 25 seconds east 83.22 feet; thence south 39 degrees 34 minutes 40 seconds west 57.26 feet; thence south 35 degrees 46 minutes 16 seconds west 567.00 feet; thence south 54 degrees 13 minutes 44 seconds east 129.00 feet; thence south 35 degrees 46 minutes 16 seconds west 230.47 feet to the place of beginning) in Kane county, Illinois. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 rbk Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single 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 PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 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 PSFR2 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 PSFR2 District: Residence Division. 1. "Single 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). 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). rik 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 PSFR2 Planned Single 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 PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 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 PSFR2 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. "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 PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. r 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 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 PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit. The minimum required lot area for a zoning lot shall be 12,000 square feet for all "through lots" [SR] and for all "corner lots" [SR]. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be seventy-five (75) linear feet. The minimum required "lot width" [SR] for a zoning lot shall be ninety (90) linear feet for "corner lots" [SR]. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be thirty(30) linear feet. b. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be ten (10) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twenty (20) linear feet. c. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be ten (10) linear feet. d. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be forty (40) linear feet, with exception to lots 24, 25, and 26 which shall be permitted a twenty-five (25) foot building setback. e. Transition Setback. The minimum required building setback from a"transition lot line" shall be forty(40) linear feet. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. Front porches and porticos not open to the sky may encroach no more than six (6) linear feet into the minimum required building setback from a "street lot line" [SR]. Porticos shall be defined as a covered entryway which protrudes from the main façade of the dwelling, but which is not as wide as the façade itself. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.38 (38%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.35 (35%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the landscape plans as submitted with the Preliminary Landscape Plans, prepared by Hitchcock Design Group, and dated March 23, 2004. 13. Supplementary Regulations. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. Substantial conformance to the Development Plan, prepared by the Hitchcock Group, with a final revision date of March 23, 2004. b. Substantial conformance to the Preliminary Plat/Engineering Plans, prepared by V3 Consultants, with a final revision date of March 23, 2004. c. Substantial conformance to the Building Elevations; plans numbered 2420, 2490, 2652, 2842, 3082, 3329, 3556, and the Duplex Elevations "A" and `B,"prepared by Centex Homes. d. Models 2420 and 2490 shall be limited to a maximum build-out of 34 lots each. e. Additional building elevations for residential structures to be 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. f. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations of any such residential structures. 14. Special Architectural Guidelines (Estate Lots). The estate lots (lots E198-E225) shall only be developed with model numbers 3082, 3329, and 3556 (or other models approved under the provisions of subsection "13, E.", above). The models for these lots shall include the following additional features: i. The minimum front setback shall be 40 feet. ii. 100% of all exterior building materials shall be natural materials. Natural materials shall be defined as wood, stone, brick, or stucco. Soffits and fascia may be heavy gauge vinyl or aluminum. iii. Vinyl siding, aluminum siding, masonite, glazed brick, non overlapping cedar siding, imitation brick, exposed concrete, or exposed cinder block are not permitted to be used as exterior siding. iv. All chimney chases which are contiguous to an exterior wall shall be brick or stone. v. Roofing material shall be architectural grade shingles, cedar shakes, slate, clay tiles, or equivalent as approved by the Development Administrator. vi. Whenever brick or stone is provided on one facade but is not provided on an adjoining facade, there shall be a brick or stone return on the adjoining facade of at least 2 feet. vii. Six inch corner boards shall be provided around all corners of each home (where brick or masonry is not present). viii. All gutters will be in neutral colors so as to be inconspicuous. ix. The exterior side wall of all garages shall include at least 1 window. H. Off-Street Parking. In this PSFR2 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 PSFR2 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 PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. r` K. Amendments. In this PSFR2 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 PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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. Ed Schock, Mayor Presented: March 31, 2004 Passed: March 31, 2004 Vote: Yeas: 5 Nays: 1 Recorded: April 1, 2004 Published: Attest: /•1,SL. Dolonna Mecum, City Clerk r