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HomeMy WebLinkAboutG68-09 AN ORDINANCE AMENDING Ordinance No. G68-09 PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G 11-05 (Bowes Creek Country Club Neighborhoods 2, 3, 4, 5, 6. 7, 8A, 813. and 9) 3600 Bowes Road WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District; pursuant to Ordinance No. G 11-05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G11-O5; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 8. 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. GI 1-05 classifying the territory herein described in the PSFR2 Planned Single Family Residence District be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 2. 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 PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmundson Leder, Ltd., dated September 3, 2004, with a final revision date of December 21. 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhoods 2. 3. 4, 5. 6. 7. 8A. 8B, and 9. • Section 3. That the development of this PSFR2 Planned Single Family Residence District as described in Section 2 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential enviromnent 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 PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 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. C. General Provisions. In this PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 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 PSFR2 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 PSFR2 District: Residence Division. 1. "Single family detached 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 PSFR2 Planned Single 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 PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 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 PSFR2 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, of the Elgin Zoning Ordinance. 12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in • this PSFR2 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 PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 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 Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 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 PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, and last revised January 5, 2005 with note revisions January 13, 2005. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, • and last revised January 5, 2005 with note revisions January 13, 2005. 4. Setbacks - Generally. In this PSFR2 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 PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be thirty (30) linear feet. b. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be five (5) linear feet, however, the combination of both side setbacks shall not be less than 20 feet. C. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be forty (40) linear feet. The following lots shall only be allowed the construction of decks and balconies open to sky to encroach into the rear setback for a distance no greater than fifteen (15) linear feet, per the requirements of the Development Administrator. Lots 118, 123, 125, 128, 137, 147, 150, 159, 161-163, 170-180, 200-204, 263-268, 442-444, 453-460, 472-481, 486-554, 557-560, 582-592, 614-615. 617-620, and 626. • 4 6. Accessory Structures and Buildings. In this PSFR2 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. 7. Yards. In this PSFR2 zoning district, 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, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.40 (40%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area' [SR] times 0.35 (35%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area- times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet, 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Landscaping Plans prepared by HKM Architects and Planners, dated December 10, 2004, last revised • December 10, 2004 and consisting of 14 sheets. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development and maintenance of land and structures shall also be subject to substantial conformance the following documents: a. Substantial conformance to the Preliminary PUD Plan, prepared by JEN Land Design, Inc., and dated July 8, 2004, last revised on November 17. 2004. b. Substantial conformance to the Preliminary Engineering Plan pages 1 through 8, prepared by Cowhey, Gudmundson, Leder, Ltd., and dated July 9, 2004, last revised on January 5, 2005. C. Substantial conformance to the Preliminary Landscape Plan, North, West, and East; the Entry Sign Elevation, Planter Curb Details, Entry Landscape, Typical Park Landscape, Boulevard Plan, Typical Townhome Landscape, and Typical Carriage Home Landscape for Bowes Creek Country Club, prepared by HKM Architects and Planners. Inc., and dated December 10. 2004, last revised December 10. 2004. d. Substantial conformance to the Existing Tree Exhibit, prepared by Cowhey, Gudmundson, Leder, Ltd., and dated August 9, 2004. e. Substantial conformance to the Tree Inventory Description, dated August 2004. • 5 • f. Substantial conformance to the Natural Resource Narrative for Bowes Creek Country Club, prepared by Cowhey, Gudmundson; Leder, Ltd., and dated July 9, 2004. g. Substantial conformance to the Proposed Product encompassing the Regency at Bowes Creek County Club, Signature, Estate, Executive, and Tournament Collections, provided within the Bowes Creek Estates development binder provided for the Planning and Development Commission, no date. h. All exterior building materials for the standard single family homes shall meet the design requirements of the Far West Area Plan. i. Proposed additions to residential structures on the subject property shall be limited to the rear elevation and no additions shall be permitted to the front or side elevations of residential structures. Additional Conditions: 1. Substantial conformance with the Petitioner's Statement of Purpose for Map Amendment for Bowes Creek Country Club, dated received August 19, 2009, and attachments as follows, with revisions as required by the Community Development Group: a. Site plans entitled "Bowes Creek Country Club 4`� Amendment to Annexation Agreement— Variance Request for Decks,- Sheets 1-4, • prepared by ESE Consultants, Inc., dated January 12, 2009 and last updated July 9, 2009. b. Individual detailed site plans entitled "Bowes Creek Country Club Villas - Showing examples of Most Restrictive (Smallest) Lot with Proposed Deck" Group Exhibit B, Sheets 1-10. 2. The departure shall be restricted to 121 lots within the Masters and Fairway Lots area. 3. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 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. I. Off-Street Loading. In this PSFR2 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 PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. • 6 • K. Amendments. In this PSFR2 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 PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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, 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: 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. • 7 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 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: Attest: Diane Robertson, City Cl rk • • 8