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HomeMy WebLinkAboutG88-06 Ordinance No.G88-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM PCF PLANNED COMMUNITY FACILITY DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (The Reserve - 2705 Bowes Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to reclassify said territory from a PCF Planned Community Facility District 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: elbk 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 LOT 108 IN THE RESERVE,BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 41 NORTH,RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 2004 AS DOCUMENT NO. 2004K044951, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661, IN THE TOWNSHIP OF ELGIN, AND IN THE CITY OF ELGIN, AND IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 107 IN SAID RESERVE SUBDIVISION; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 413.63 FEET, ALONG THE WEST LINE OF SAID LOT 107 AND THE SOUTHERLY EXTENSION THEREOF,TO A NORTHERLY CORNER OF LOT 101 IN SAID RESERVE SUBDIVISION; THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY THROUGH THE FOLLOWING DESCRIBED THIRTEEN (13) COURSES ALONG SAID NORTHERLY LINES OF LOT 101; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST,87.69 FEET;THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST,263.08 FEET;THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET;THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST,91.40 FEET;THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 DEGREES 53 MINUTES 29 SECONDS EAST, 103.86 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST,91.59 FEET;THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST,95.48 FEET;THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 139.68 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 196.13 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 127.92 FEET; THENCE NORTH 65 DEGREES 30 MINUTES 20 SECONDS EAST, DEPARTING FROM SAID NORTHERLY LINES,273.76 FEET,TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 107; THENCE NORTH 88 DEGREES 42 MINUTES 55 SECONDS EAST, 256.10 FEET, ALONG SAID WESTERLY EXTENSION, TO THE POINT OF BEGINNING. CONTAINING 490,560 SQUARE FEET, (11.262 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. 2 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: Residence Division. 1."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). 6."Residential storage" [SR] (UNCL). Municipal Services Division. 7.Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 8."Development sales office" [SR] (UNCL). Services Division. 9."Family residential care facility" [SR] (8361). 10. "Home child day care services" [SR] (8351). 11. "Residential Care Facility" [SR] Construction Division. 12. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 13. "Amateur radio antennas" [SR] (UNCL). 14. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 15. "Radio and television antennas" [SR] (UNCL). 16. "Satellite dish antennas" [SR] (UNCL). 17. "Treatment,transmission,and distribution facilities:poles,wires,cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 18. "Fences and walls" [SR] (UNCL). 3 "'` 19. "Parking lots"[SR] (UNCL),exclusively"accessory"[SR],subject to the provisions of Chapter 19.45, Off Street Parking. 20. "Refuse collection area" [SR] 21. "Signs"[SR] (UNCL),subject to the provisions of Chapter 19.50,Signs. 22. "Temporary uses" [SR] (UNCL). 23. "Accessory structures"[SR](UNCL)to the permitted uses allowed in this PMFR Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 24. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. 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). Municipal Services Division. 2. "Municipal facilities"[SR] (UNCL)on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 6. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 7. "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. 8. "Accessory structures" [SR] (UNCL)to the conditional uses allowed in this PMFR Planned Single Family Residence District,subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 9. "Accessory uses"[SR] (UNCL)to the conditional uses allowed in this PMFR Single Family Residence District,subject to the provisions of Section 19.10. 400, Component Land Uses. 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, and shall also be subject to the following conditions: 1. Substantial conformance to the Plat Exhibit prepared by Manhard 4 Construction,Ltd.,dated May 10,2006 and last revised September 11,2006. 2. The quantities,types and species of landscaping materials for the Townhome foundation plantings, parkway plantings, entrance and buffer plantings, and common area plantings shall be in substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., dated September 16, 2002, and last revised on June 3, 2003, as approved by the Development Administrator, Community Development Department. Additionally, the installation of"Ash" trees shall not be permitted. 3. The materials, architectural features and overall building design for the townhome buildings shall be in substantial conformance to the building elevations drawings, submitted by Pulte Homes, and dated November 26, 2002, as approved by the Development Administrator, Community Development Department. 4. 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. rik 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. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. The design and location of these signs shall be in substantial conformance to the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4, 2003, with the following exceptions: 1. All signs shall be monument style signs. 2. All construction project signs shall not exceed 144 square feet in surface area. The surface area of an individual sign shall be the total exposed surface devoted to the street graphic's message including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. For freestanding signs, surface area shall include that portion of the supporting structure from the ground to the bottom of the sign. 3. All signs referred to within the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4,2003, shall be considered temporary in nature rand shall be removed from the subject property within 30 days following the issuance of the final occupancy permit for this development. 5 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 amendment 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 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 district and without necessitating that all other property owners in this PMFR 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. 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. 6 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: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: A4ii, Dolonna Mecum, City Clerk C 7