HomeMy WebLinkAboutG88-06 (2) ribk 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:
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.
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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).
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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
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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.
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
and shall be removed from the subject property within 30 days following the
issuance of the final occupancy permit for this development.
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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 maybe
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.
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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:
Dolonna Mecum, City Clerk
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