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HomeMy WebLinkAboutG7-04 ri' Ordinance No. G7-04 AN ORDINANCE RECLASSIFYING TERRITORY IN THE RC1 RESIDENCE CONSERVATION DISTRICT AND MFR MULTIPLE FAMILY RESIDENCE DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Oak Ridge Subdivision— 1700 Villa Street/ 901 Galt Boulevard) 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 Single Family Residence District, the following described property: That part of the Southeast 1/4 of Section 20,Township 41 North,Range 9 East of the Third Principal Meridian described as follows: Commencing at the point of intersection of the Easterly Right of Way line of the Elgin,Joliet and Eastern Railroad property and the Southerly line of Lot "C" in the plat filed with Commissioner's Report in Partition in Case Number 19700 in the Circuit Court of Cook County, Illinois;thence S 83°00'00"E along said Southerly line a distance of 998.45 feet to the Northeast corner of Lot 17 in County Clerk's division of Section 20, according to the plat thereof recorded May 31, 1895 as Document 2227309 for the point of beginning; thence S 32°26'56" E along the Southwesterly line of Sherwood Oaks Unit 3, a subdivision of part of the East 1/2 of Section 20,Township 41 North,Range 9 East as aforesaid recorded March 5, 1963 as document 18735064 and along the Southwesterly line of Sherwood Oaks Unit 1, a subdivision of part of Section 20 and 21, Township fir•► 41 North, Range 9 East, as aforesaid recorded November 16, 1956 as Document 16757387 for a distance of 1639.47 feet;thence S 58°25'10"W 1260.20 feet;thence S 59°31'38"W for a distance of 154.25 feet to a point on a curve;thence around a curve �► to the left having a radius of 267.00 feet for an arc distance of 148.42 feet, a chord bearing of N 13°14'28" E for a distance of 146.51 feet to a POINT OF BEGINNING; thence S 84°13'21" W for a distance of 75.05 feet; thence N 60°04'48" W for a distance of 192.30 feet; thence N 29°55'13" E for a distance of 67.32 feet; thence S 61°5121" W for a distance of 66.89 feet; thence N 28°08'39" W for a distance of 178.00 feet;thence N 61°51'21"E for a distance of 68.04 feet;thence N 67°30'00"W for a distance of 85.90 feet; thence N 22°30'00"E for a distance of 32.34 feet;thence N 69°38'48" W for a distance of 15.51 feet; thence N 22°30'00" E for a distance of 762.24 feet; thence S 67°29'41" E for a distance of 89.60 feet; thence S 61°11'12" E for a distance of 36.43 feet;thence S 31°34'51"E for a distance of 114.50 feet;thence N 58°25'10" E for a distance of 165.00 feet; thence S 31°34'50" E for a distance of 333.60 feet; thence S 58°25'10" W for a distance of 118.50 feet to a point of curve thence; around a curve to the left having a radius of 200.00 feet for an arc distance of 314.16 feet, a chord bearing of S 13°25'10"W for a distance of 282.84 feet to a point of tangency;thence S 31°34'50"E for a distance of 143.87 feet;thence S 58°25'10"W for a distance of 382.86 feet; thence S 07°19'03" E for a distance of 48.03 feet to a point of curve;thence around a curve to the right having a radius of 267.00 feet for an arc distance of 21.60 feet,a chord bearing of S 05°00'01"E for a distance of 21.59 feet to the Point of Beginning,EXCEPTING therefrom all the following: That part of the Southeast 1/4 of Section 20,Township 41 North,Range 9 East of the Third Principal Meridian described as follows: Commencing at the point of intersection of the Easterly Right of Way line of the Elgin, Joliet and Eastern Railroad property and the e Southerly line of Lot"C" in the plat filed with Commissioner's Report in Partition in Case Number 19700 in the Circuit Court of Cook County,Illinois;thence S 83°00'00" E along said Southerly line a distance of 998.45 feet to the Northeast corner of Lot 17 in County Clerk's division of Section 20, according to the plat thereof recorded May 31, 1895 as Document 2227309;thence S 32°26'56"E along the Southwesterly line of Sherwood Oaks Unit 3, a subdivision of part of the East 1/2 of Section 20,Township 41 North,Range 9 East as aforesaid recorded March 5, 1963 as document 18735064 and along the Southwesterly line of Sherwood Oaks Unit 1, a subdivision of part of Section 20 and 21, Township 41 North, Range 9 East, as aforesaid recorded November 16, 1956 as Document 16757387 for a distance of 1639.47 feet; thence S 58°25'10" W 1260.20 feet; thence S 59°31'38" W for a distance of 154.25 feet to a point on a curve;thence around a curve to the left having a radius of 267.00 feet for an arc distance of 170.02 feet,a chord bearing ofN 10°55'26"E for a distance of 167.151 feet to a point of tangency;thence N 17°19'03"W for a distance of 48.03 feet;thence N 58°25'10" W for a distance of 149.81 feet; thence N 31°34'50" W for a distance of 30.00 feet to the POINT OF BEGINNING OF SAID EXCEPTION; thence S 58°25'10" W for a distance of 76.19 feet to a point on a curve;thence around a curve to the right, having a radius of 20.00 feet for an arc distance of 16.97 feet, a chord bearing of S 82°43'42" W for a distance of 16.47 feet; thence N 31°37'01" E for a distance of 90.97 feet; thence N 31°34'49" W for a distance of 21.17 feet; thence N 58°22'59" W for a distance of 146.47 feet; thence S 58°53'24" W for a distance of 27.58 feet; thence S 31°37'01" W for a distance of 73.76 feet to a point on a curve; thence around a curve to the right having a radius of 170 feet for an arc distance of 113.07 feet,a chord bearing of N 23°21'56"W for a distance of 111.00 feet to a point; 2 �► thence S 71°34'43"E for a distance of 87.00 feet;thence N 58°53'24"E for a distance of 26.43 feet; thence N 18°25'17"E for a distance of 159.83 feet;thence N 22°30'00" E for a distance of 217.07 feet; thence N 67°30'01" W for a distance of 109.37 feet; thence N 22°30'00"E for a distance of 22.82 feet;thence S 64°00'24"E for a distance of 109.57 feet;thence N 25°34'59"E for a distance of 47.54 feet;thence N 29°51'41" E for a distance of 52.00 feet; thence N 42°33'53" E for a distance of 31.83 feet; thence N 58°25'11"E for a distance of 165.24 feet;thence S 31°34'51"E for a distance of 23.73 feet;thence S 58°25'10"W for a distance of 101.00 feet;thence S 31°34'50" E for a distance of 141.28 feet to a point on a curve; thence around a curve to the left having a radius of 230.00 feet for an arc distance of 10.03 feet, a chord bearing of S 54°03'17" W for a distance of 10.03 feet to a point; thence N 31°34'50" W for a distance of 38.91 feet; thence N 54°46'36" W for a distance of 84.86 feet; thence S 35°13'22" W for a distance of 140.85 feet; thence S 09°46'38" E for a distance of 21.21 feet;thence S 54°46'38"E for a distance of 79.87 feet;thence S 70°56'56"E for a distance of 25.10 feet to a point on a curve;thence around a curve to the left having a radius of 230.00 feet for an arc distance of 203.25 feet, a chord bearing of S 06°15'52"E for a distance of 196.70 feet to a point of tangency;thence S 31°34'50"E for a distance of 4.51 feet;thence S 58°25'11"W for a distance of 203.05 feet;thence S 31°34'49" E for a distance of 109.36 feet to the Point of Beginning of said exception, all in Cook County, Illinois, and containing 9.262 acres more or less." 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. 3 ?lib* 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 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. elu• 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 4 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. "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 e"*. 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 25 feet,and the minimum building setback from a transition lot line shall be 40 feet. In this PMFR zoning district, the use and development of land and structures shall �.. also be subject to the following conditions: 5 f4"" 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by U.S. Shelter L.L.C., dated October 7, 2003. 2. Substantial conformance to the Oak Ridge Mixed Use Residential Development Plan, including the Cover Sheet, Site Data, Location Map, Preliminary Plat, Overall Landscaping Plan, Streetscape Landscaping, Signage, and Section, and Representative Foundation Plans, prepared by integrated Planning Services, dated December 16, 2002, and last revised October 28, 2003. 3. Substantial conformance to the Preliminary Engineering Plans, prepared by Spies and Associates, dated March 11, 2003, and last revised August 26, 2003. 4. Substantial conformance to the Townhome Building Elevations, units E, F and G, prepared by Bloom and Fiorino Architects, dated January 14, 2002, including the provision of decks with railings and shutters on windows of all E and F units. 5. Substantial conformance to the Declaration of Restrictions and Covenants, submitted by U.S. Shelter.The document shall indicate that the homeowners association is responsible for maintenance of all private driveways,common areas, and the 2.14 acre park. 6. Conformance to all other 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. 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 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 tek without necessitating that all other property owners in this PMFR zoning district authorize such an application. 6 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 maybe 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 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. )46104i4L Ed Schock, Mayor Presented: January 28, 2004 Passed: January 28, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: January 29, 2004 Published: Attest: Dolonna Mecum, City Clerk 7