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HomeMy WebLinkAboutG39-05__ Amok Ordinance No. G39-05 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR1 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Edgewater Subdivision - 2700 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 PSFR1 Planned Single 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 PSFR1 Planned Single Family Residence District, the following described property: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 356.06 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST ALONG SAID LINE, 1,745.31 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 77.65 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 20 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1,097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS." Section 2. That the City Council of the City of Elgin hereby grants the PSFR1 Planned Single 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 PSFR1 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 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR1 District is most similar to, but departs from the standard requirements of the SFR1 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 PSFR1 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 PSFR1 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 PSFR1 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR1 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. rm. F. Land Use. In this PSFR1 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 PSFR1 District: Residence Division. 7. "Single family detached dwellings" [SR] (UNCL). 8. "Residential garage sales" [SR] (UNCL). 9. "Residential occupations" [SR] (UNCL). 10. "Residential outdoor storage of firewood" [SR] (UNCL). 11. "Residential parking areas" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 12. "Development sales office" [SR] (UNCL). Services Division. 13. "Family residential care facility"[SR] (8361). 14. "Home child day care services"[SR] (8351). Construction Division. 15. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 16. "Radio and television antennas" [SR] (UNCL). 17. "Satellite dish antennas" [SR] (UNCL). 18. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 19. "Fences and walls" [SR] (UNCL). 20. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 21. "Temporary uses" [SR] (UNCL). 22. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 23. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PSFR1 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 PSFR1 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. 12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PSFR1 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 PSFR1 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR1 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 PSFR1 zoning district, the use and development of land and structures shall also be subject to the following regulations: 1. Zoning Lots - Generally. In this PSFR1 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 PSFR1 zoning district, the minimum required "zoning lot area" [SR] shall be in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 3. Lot Width. In this PSFR1 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be shall be in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 4. Setbacks - Generally. In this PSFR1 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 PSFR1 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 "limited access street" [SR], "arterial street" [SR], "major collector street" [SR], "collector street" [SR], or "local street" [SR] "lot line" [SR] shall be as follows: 1. Limited Access Street/Arterial Street. Where a zoning lot has frontage on a limited access street or an arterial street, the minimum required setback for a building from a "street lot line" [SR] shall be fifty(50) linear feet. 2. Major Collector Street/Collector Street. Where a zoning lot has frontage on a major collector street or a collector street, the minimum required setback for a building from a street lot line shall be forty five (45) linear feet. 3. Local Street. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be forty(40) linear feet. b. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be fifteen (15) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than thirty(30) linear feet. c. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be fifteen (15) linear feet. d. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be fifty(50) linear feet. e. Transition Setback. For any zoning lot located within a plat of subdivision recorded after August 2, 1992, a transition building setback shall be required. The minimum required setback for a building from a "transition lot line" [SR] shall be equal to the minimum required transition setback calculated with the minimum required zoning lot area of the adjoining community facility district, business district, and industrial district, as applicable. f. Accessory Structures and Buildings. In this PSFR1 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. g. Yards. In this PSFR1 zoning district, a "street yard" [SR], 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 of the Elgin Zoning Ordinance. h. Residential Floor Area. In this PSFR1 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall be calculated as follows: 1. For the construction of a new single-family detached dwelling, residential floor area (RFA) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus twenty thousand (20,000) square feet; the difference times 0.25; the product plus five thousand five hundred (5,500) square feet. Maximum residential floor area can be r expressed in the following "site capacity formula" [SR]: RFA = [(ZLA - 20,000) x 0.25] + 5,500. 2. For the construction of an addition to an existing single- family detached dwelling, residential floor area (RFA) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus twenty thousand (20,000) square feet; the difference times 0.25; the product plus four thousand (4,000) square feet. Maximum residential floor area can be expressed in the following "site capacity formula" [SR]: RFA= [(ZLA - 20,000) x 0.25] +4,000. Building Coverage. In this PSFR1 zoning district, the maximum "building coverage" [SR] for a single-family zoning lot shall be as follows: 1. For the construction of a new single-family detached dwelling, building coverage (BC) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus twenty thousand (20,000) square feet; the difference times 0.253; the product plus five thousand one hundred eighty one (5,181) square feet. Maximum building coverage can be expressed in the following "site capacity formula" [SR]: BC = [(ZLA- 20,000) x 0.253] + 5,181. 2. For the construction of an addition to an existing single- family detached dwelling, building coverage (BC) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus twenty thousand (20,000) square feet; the difference times 0.253; the product plus four thousand fifty six (4,056) square feet. Maximum building coverage can be expressed in the following "site capacity formula" [SR]: BC = [(ZLA - 20,000) x 0.253] +4,056. j. Accessory Building Coverage. In this PSFR1 zoning district, the maximum "accessory building coverage" [SR] for a single-family zoning lot shall be as follows: Accessory building coverage (ABC) in square feet shall equal "zoning lot area" [SR] in square feet area (ZLA) minus twenty thousand (20,000) square feet; the difference times 0.0066; the product plus one thousand fifty six (1,056) square feet. Maximum accessory building coverage can be expressed in the following "site capacity formula" [SR]: ABC = [(ZLA - 20,000) x 0.0066] + 1,056. k. Vehicle Use Area. In this PSFR1 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand eight hundred (1,800) square feet. (Ord. G13-96 § 4, 1996; Ord. G80-95 § 1, 1995; Ord. G66-94 § 1, 1994; Ord. G45-92 § 2, 1992) In this PSFR1 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 2. Substantial conformance to the Preliminary Engineering Plans, prepared by Manhard Consulting, Ltd., and dated February 25, 2002, with a final revision date of June 3, 2003, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 3. Substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., and dated June 7, 2002, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 4. The minimum building setback from Bowes Road and the north/south collector road shall be 100 feet. 5. All homes shall meet the standard design requirements of the Far West Area Plan Development and Design Guidelines, as amended. 6. All regional utilities shall be constructed during the first phase of development. 7. Construction of all internal roads as follows: a. Sidewalks may be four feet in width. b. B6-12 curb and gutter is permitted except in the locations of sewer rwhere the city will require B6-18 curb and gutter. c. Right of way shall be 50 feet in width. d. Decorative street lights will be permitted versus standard street lights, subject to approval by the Engineering Division. e. Parkway trees shall be placed in front yards within a landscape easement. f. Water Road shall be maintained as a rural cross section. 8. Construction traffic shall be routed directly to Bowes Road and shall not use Water Road north of the lots zoned PSFR1. 9. Compliance with all applicable codes and ordinances, except as otherwise specifically provided for within the Annexation Agreement, the Preliminary Plat, the Preliminary Engineering, and this Ordinance. 10. All matters set forth in that certain Annexation Agreement dated June 11, 2003, relating to the subject property. H. Off-street Parking. In this PSFR1 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 PSFR1 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 PSFR1 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 PSFR1 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 PSFR1 zoning district authorize such an application. L. Planned Developments. In this PSFR1 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 PSFR1 zoning district and without necessitating that all other property owners in this PSFR1 zoning district authorize such an application. M. Conditional Uses. In this PSFR1 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 PSFR1 zoning district and without necessitating that all other property /�► owners in this PSFR1 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 PSFR1 zoning district and without necessitating that all other property owners in this PSFR1 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. 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 sewers 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. e., Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be r°6' 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 9, 2005 Passed: March 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: March 10, 2005 Published: Attest: Dolonna Mecum, City Clerk r