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HomeMy WebLinkAboutG38-04 3 � Ordinance No. G38-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PTFR PLANNED TWO 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 PTFR Planned Two 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 PTFR Planned Two 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 an Illinois east zone grid bearing of north 00 degrees 10 minutes 28 seconds west 1438.19 feet to a point on the centerline of water road; thence south 65 degrees 10 minutes 31 seconds east along said centerline of water road 2.48 feet; thence north 00 degrees 05 minutes 38 seconds west 1207.81 feet; thence north 89 degrees 53 minutes 59 seconds east 1318.70 feet; thence north 0 degrees 07 minutes 50 seconds west 119.82 feet to the place of beginning; thence rb. north 88 degrees 47 minutes 14 seconds west 171.95 feet; thence south 89 degrees 59 minutes 58 seconds west 500.00 feet; thence north 0 degrees 07 minutes 06 seconds west 297.92 feet; thence northerly along the arc of a curve being concave southeasterly, having a radius of 170.00 feet, having a chord bearing of north 33 degrees 58 minutes 31 seconds east, for an arc length of 202.31 feet; thence northerly along the arc of a curve being concave northwesterly, having a radius of 690.07 feet, having a chord bearing of north 53 degrees 39 minutes 45 seconds east, for an arc length of 347.01 feet; thence north 38 degrees 59 minutes 15 seconds east 184.61 feet; thence northerly along the arc of a curve being concave northwesterly, having a radius of 200.00 feet, having a chord bearing of north 34 degrees 29 minutes 54 seconds east, for an arc length of 31.34 feet; thence south 59 degrees 58 minutes 32 seconds east 177.78 feet; thence south 0 degrees 07 minutes 50 seconds east 743.40 feet to the place of beginning, in Kane County, Illinois. Parcel Two. 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 1503.95 feet to a point on the centerline of water road to the place of beginning; 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 821.89 feet; thence south 90 degrees 00 minutes 00 seconds east 551.35 feet; thence south 00 degrees 00 minutes 00 seconds west 251.19 feet; thence south 01 degrees 53 minutes 58 seconds west 75.57 feet; thence south 06 degrees 45 minutes 39 seconds west 117.81 feet; thence south 12 degrees 41 minutes 05 seconds west 117.81 feet; thence south 17 degrees 27 minutes 09 seconds west 71.84 feet; thence south 19 degrees 15 minutes 29 seconds west 148.07 feet; thence north 70 degrees 44 minutes 31 seconds west 169.99 feet; thence north 19 degrees 15 minutes 28 seconds east 148.07 feet; thence northerly along the arc of a curve being concave westerly, having a radius of 970.00 feet, having a chord bearing of north 17 degrees 14 minutes 03 seconds east, for an arc length of 68.51 feet; thence north 74 degrees 47 minutes 20 seconds west 110.00 feet; thence north 50 degrees 18 minutes 44 seconds west 83.15 feet; thence north 42 degrees 16 minutes 18 seconds west 216.39 feet; thence southerly along the arc of a curve being concave easterly, having a radius of 360.00 feet, having a chord bearing of south 41 degrees 35 minutes 48 seconds west, for an arc length of 77.05 feet; thence south 35 degrees 27 minutes 57 seconds west 216.33 feet; thence southerly along the arc of a curve being concave easterly, having a radius of 170.00 feet, having a chord bearing of south 14 degrees 32 minutes 38 seconds west, for an arc length of 124.15 feet; thence southerly along the arc of a curve being concave westerly, having a radius of 230.00 feet, having a chord bearing of south 5 degrees 00 minutes 08 seconds west, for an arc length of 91.36 feet; thence south 16 degrees 22 minutes 56 seconds west 48.34 feet; thence north 73 degrees 37 minutes 51 seconds west, along said centerline of water road, 228.63 feet to the place of beginning, in Kane County, Illinois. Section 2. That the development of this PTFR Planned Two 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 PTFR zoning district is to provide a planned urban residential environment of standardized density for two family dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PTFR District is most similar to, but departs from the standard requirements of the TFR Two 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 PTFR 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 PTFR 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 PTFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PTFR 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 PTFR 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 "and uses" [SR] shall be the only land uses allowed as a"permitted use" [SR] in this PSFR2 District: Residence Division. 1. "Two family 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 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 PTFR 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 PTFR 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. 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 PTFR 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 PTFR zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PTFR 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 PTFR zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit. For a"duplex lot" [SR], the minimum required area for a"lot of record" [SR] shall be 4,000 square feet. 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 PTFR 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 PTFR zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Street Setback. 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. For a "duplex building" [SR] located on two (2) "duplex lots" [SR], a setback for a building from a side lot line shall not be required along that portion of the common side or interior lot line where the common wall of the "duplex dwelling" [SR] is located. The minimum required setback for a building of ten (10) linear feet shall be maintained along the remaining portions of such common lot line. 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. g. Transition Setback. The minimum required building setback from a "transition lot line" [SR]shall be ten (10) linear feet for lots 233 and 242, and forty (40) linear feet for all other zoning lots. 6. Accessory Structures and Buildings. In this PTFR 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 PTFR 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 facade of the dwelling, but which is not as wide as the facade itself. 8. Residential Floor Area. In this PTFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.34 (34%). 9. Building Coverage. In this PTFR 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 TSFR 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 PTFR zoning district, the maximum "vehicle use area" [SR] for a two-family zoning lot shall be one thousand two hundred (1,200) square feet, allocated at a maximum of six hundred (600) square feet for each duplex lot. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Overall Landscape Plan, prepared by Hitchcock Design Group, with an issue date of March 23, 2004. 13. Supplementary Regulations. In this PTFR 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 an issue date of March 23, 2004. b. Substantial conformance to the Preliminary Plat/Engineering Plans, prepared by V3 Consultants, with a r final revision date of March 24, 2004. c. 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. d. 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. H. Off-Street Parking. In this PTFR 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 PTFR 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 PTFR 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. K. Amendments. In this PTFR 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 PTFR zoning district authorize such an application. L. Planned Developments. In this PTFR 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 PTFR zoning district and without necessitating that all other property owners in this PTFR zoning district authorize such an application. M. Conditional Uses. In this PTFR 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 PTFR zoning district and without necessitating that all other property owners in this PTFR 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 PTFR zoning district and without necessitating that all other property owners in this PTFR 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: Dolonna Mecum, City Clerk