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HomeMy WebLinkAboutG3-08 Ordinance No. G3-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Tall Oaks Subdivision— 101 Russell 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 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 Multiple Family Residence District, the following described property: Those areas on the attached zoning plat, prepared by Land Vision, dated July 27, 2007, designated in the PMFR Planned Multiple Family Residence District." 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. e" 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] (townhomes) (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). 7. "Residential storage of trucks or buses" [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. "Development sales office" [SR] (UNCL). Services Division. 2 ��. 10. "Family residential care facility" [SR] (8361). 11. "Home child day care services" [SR] (8351). 12. "Residential Care Facility" [SR]. Construction Division 13. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. "Amateur radio antennas" [SR] (UNCL). 15. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 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. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. "Refuse collection area" [SR]. 22. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 23. "Temporary uses" [SR] (UNCL). 24. "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. 25. "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. 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. 3. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 4. "Conditional commercial antenna tower" [SR] (UNCL) 5. "Other radio and television antennas" [SR] (UNCL). 3 6. "Other satellite dish antennas" [SR] (UNCL). 7. "Pipelines, except natural gas" (461). 8. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. Intentionally Omitted. 10. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR]. 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 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. 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, and in the terms and conditions of ,,, the Annexation Agreement. 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 Local Street Building Setback: The minimum building setback from a local street lot line shall be 20 feet. Minimum Local Street Vehicle Use Area Setback: The minimum vehicle use area setback from a local street lot line shall be 16 feet. In this PMFR zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Wyndham Deerpoint Homes, and dated revised May 1, 2007. 2. Substantial conformance to the Preliminary Plat of the Tall Oaks, Unit 4 prepared by Land Vision, Ltd., and dated March 26, 2007. 3. Substantial conformance to the Landscape Plan, prepared by Gary R. Weber Associates, Inc., and dated March 30, 2007. 4 ,r.,. 4. Substantial conformance to the Preliminary Grading and Drainage Plan, prepared by Jacob & Hefner Associates, P.C., and dated March 27, 2007. 5. Substantial conformance to the Preliminary Sanitary and Water Main Plan, prepared by Jacob & Hefner Associates, P.C., and dated March 27, 2007. 6. Substantial conformance to the building elevations and floor plans prepared for Wyndham Deerpoint by Bloodgood Sharp Buster Architects and Planners, Inc., dated May 6, 2003. 7. Exterior building materials used on the building elevations in the townhome addition will comply with the following requirements for building materials: a. Street facing walls shall be entirely constructed of wood, stone, brick or cement fiberboard (a/k/a hardyboard). All other wall surfaces shall include a minimum of 50% wood, stone, brick or cement fiberboard (a/k/a hardyboard). Aluminum and vinyl siding shall be a heavy gauge. This provision shall not be construed to prohibit light gauge vinyl clad or aluminum for soffits, fascia, e,. second floor peaks, gutters and downspouts. b. Light gauge vinyl siding, light gauge aluminum siding, masonite, glazed brick non-overlapping cedar siding, imitation stone, imitation brick, exposed concrete, or exposed cinderblock are not permitted to be used as exterior wall siding. c. All chimneys must be constructed of brick or other natural materials (wood, stone, or stucco) if the chimney is visible from the front, and otherwise may be constructed of any of the material that would have been permitted on the side or rear exterior walls of the structure. 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, Street Graphics, of the Elgin Municipal Code, 1976, as amended. 5 Pik 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 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. 0. 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, and the provisions of the Annexation Agreement. 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: 6 e.,, 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. r.ilea - Ed Schoc , Mayor Presented: January 23, 2008 Passed: January 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 24, 2008 Published: Attest: Diane Robertson, City Jerk 7 • ZONING^ PLF ,, PSFRI ZONING it R,F (/S ROO P§ 10 .4.4 PSFRI ZONING '+� PCF ZONING a. '� °°• x,P,� PMFR ZONING �) :.': u NOTE: IjO aai ,F r? THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY.FINAL ZONING DISTRICTS ARE ESTABLISHED BY RECORDED PLAT ONLY. �a ` „d ' '''''',4L7.'-'). M a b u ,°$gky L i 1 021"'N :At ” i tip + ,'. k, spar✓ S ' �Ai ,.�� �® 4441'..1411 © >^-�o ©©lit Wi ' fp , O© N w O� W'� .rte E ir savoy �•� ' 5 40 ., • --,,,,:1:::,''' .; w `v.;':T1:-',' ;, ;ry ,p,L.«.-,,; Dated:MOrth 26,2007 I.. ���II ,v ors Tall Oaks Unit 4 • Zoning Exhibit enn� Din �bre0a2Nn • • - , _ -..-"*""":7, lernhk HM / rir�. 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