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09-279Resolution No. 09 -279 RESOLUTION AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (Bowes Creek Country Club — 3600 Bowes Road) WHEREAS, the owners of certain property commonly known as Bowes Creek Country Club have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Fourth Amendment to Annexation Agreement with Toll IL, L.P. and LoLand Assets, L.P., is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Fourth Amendment to Annexation Agreement with Toll IL, L.P. and LoLand Assets, L.P., a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: Attest: s/ Diane Robertson Diane Robertson, City Clerk FOURTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT (Bowes Creek Country Club) This Fourth Amendment to Annexation Agreement (`Fourth Amendment ") made and entered into this lst day of February, 2010, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "the City "), Toll IL, L.P., an Illinois Limited Partnership ( "Developer or Toll ") and LoLand Assets, L.P., a Delaware Limited Partnership ("Owner "). WITNESSETH: WHEREAS, the City entered into an annexation agreement dated February 28, 2001, for the property legally described in such annexation agreement ( "Subject Property ") with the predecessor owners of the Subject Property ( "the Annexation Agreement'); and WHEREAS, the City entered into a First Amendment to the Annexation Agreement dated June 25, 200' ) with the predecessor owners of the Subject Property ("the First Amendment'); and WHEREAS, the City entered into a Second Amendment to the Annexation Agreement for the Subject Property bearing the date of January 26, 2005 ( "Second Amendment'), with Developer and others: and WHEREAS, the City, Owner and Developer entered into a Third Amendment to the Annexation Agreement for the Subject Property bearing the date of August 13, 2008 ("Third Amendment', the Annexation Agreement, as amended by the First Amendment, the Second Amendment and the Third Amendment, being hereinafter collectively referred to as the "Subject Annexation Agreement'); and WHEREAS, the City, Owner and Developer (collectively the "Parties ") after full consideration recognize the benefits resulting from further amending the Subject Annexation Agreement pursuant to this Fourth Amendment; and WHEREAS, the Mayor and City Council of the City ( "Corporate Authorities ") have duly set a date, time and place for a public hearing on this Fourth Amendment and have caused due notice to be made of said public meeting through publication in the Daily Courier News, a newspaper of general circulation in the community and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City after due and careful consideration, having concluded that this Fourth Amendment on the terms and conditions hereinafter set forth is in the best interests of the city. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. This Fourth Amendment is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5111- 15.1 -1 et seq.) and in the exercise of the home rule power of the City. 2. Group Exhibit C to the Subject Annexation Agreement is hereby amended by amending the PSFR2 Planned Single Family Residence District zoning ordinances for Bowes Creek County Club Neighborhoods 2, 3, 4, 5, 6, 7, 8A, 8B and 9 and for Neighborhoods AA2 and AA' ) as set forth in Exhibits 1 and 2 attached hereto and made a part hereof by this reference. The City agrees to adopt said amended PSFR2 Planned Single Family Residence District ordinances within thirty (30) days following the entry into and execution of this Fourth Amendment. In the event of any conflict between the terms of the Subject Annexation Agreement and the terms of this Fourth Amendment, the terms of this Fourth Amendment shall control. In all other respects, the Subject Annexation Agreement shall remain in full force and effect as originally written and as amended. 4. This Fourth Amendment may be executed in several counterparts, all of which shall be an original and all of which shall constitute the one and the same agreement. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Fourth Amendment as of the date and year first above written. CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation ATTEST: By: By:,�`.�.� Its: City Clerk Its: Mayor Svliscr ,b�J on c7 Swot n -!o me l �'2zN��, 1 o(� `�' : \ 20 to 1`,�i�-th• Nt'Yrsvcv �a,,.�r"�l MC o ,\-6 he- elcewteJ M•.\ 72se'^t -• TOLL IL, L.P., an Illinois limited partnership BY: TOLL IL GP CORP., an Illinois corporation Its: Ge eral Partner By: Its: -? {o LO LAND ASSETS, LP, a Delaware limited ZL rl .R partnership ti By: LE LAND ASSETS, LLC, a Delaware limited liability Its: al P OFFICIAL SEAL JOHN T CASEY NOTARY PUBLIC - STATE OF NINOIS By' LIC W COmmiS ION EXPIRESIM11 Print me: Its: FALegal DeptWgreement\Annexation -Bowes Creek Country Club -4th Amendment.doex 2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of 12 Ji On ,mac Data personally appeared who proved to me on the basis of satisfactory evidence to be the person(j whose name((56W subscribed to the within instrument and acknowledged to me that 64wtt^ executed the same in *tb�t authorized capacity(i4j, and that by ELIZABETH MURRAY 1 si ,)aSLtyilqr signature on the instrument the Commisslon M 1742190 person(, or the entity upon behalf of which the -e Notary Public - California personXrM acted, executed the instrument. San Diego county V"� Caron 24,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: XQVk 1 Place Notary Seal Above Si tore of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Z&t..>,2.d No. k aLi I Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: p0_0J IF. h ht ❑ Corporate Officer — Title(s): ❑ Individual HNINNIMMM ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other. Q ms:;. A.y.nt Signer Is Representing: l..e pgr9 jhs5g:t S Number of Pages: 12 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 209 National Notary Association - NationalNotary.org - 1. 800 -1.8 NOTARY (1- 800 -896 -6829) Item #5907 Ordinance No. G68 -09 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G11 -05 (Bowes Creek Country Club Neighborhoods 2, 3, 4, 5, 6, 7, 8A, 8B, 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. G11 -05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G11 -05; 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. G11 -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. EXHIBIT 1 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 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 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). P 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. 3 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. 13 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. hi 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" [SR] 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. F 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. I 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. 51 IC 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. Presented: December 16, 2009 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Diane Robertson, City Clerk Ed Schock, Mayor 3 FINDINGS OF FACT Planning and Development Commission SUBJECT R .. e:*Chort 1 September 8, 2009 City of Elgin, Illinois Consideration of Petition 22 -09; Requesting a Fourth Amendment to the Annexation Agreement, and Amendments to the Planned District Ordinances to Permit the Construction of Balconies Open to the Sky within the Required Rear Yard Setback, for the Residential Subdivision known as Bowes Creek Country Club; Property Located at 3600 Bowes Road, by Toll IL L.P., as Applicant, and LoLand Assets, L.P., as Owner. GENERAL INFORMATION Requested Action: Fourth Amendment to Annexation Agreement Amendment to Ordinances No. G11 -05 and G12 -05 Current Zoning: PSFR2 Planned Single Family Residence District PMFR Planned Multiple Family Residence District PCF Planned Community Facility District PRB Planned Residence Business District Existing Use: Property Location Applicant Owner: Staff Coordinator LIST OF EXHIBITS A. Location Map B. Zoning Map C. Parcel Map D. Aerial Photo E. Environmental Map F. Site Photos Residential /Commercial Subdivision 3600 Bowes Road Toll IL L.P. LoLand Assets L.P.. Sarosh Saber Senior Planner Exhibit A (see attached) (see attached) (see attached) (see attached) (see attached) (see attached) Findings of Fact Petition 22 -09 G. Petitioner's Statement and Additional Site Plans H. Draft PSFR2 Ordinances I. Related Correspondence BACKGROUND Planning and Development Commission September 8, 2009 (see attached) (see attached) (see attached) An application has been filed by Toll IL L.P., requesting a fourth amendment to the annexation agreement, and amendments to the planned district ordinances. The property is located at 3600 Bowes Road (reference attached Exhibits A, B, C, D, and E). The Bowes Creek Country Club subdivision was annexed to the City of Elgin in February of 2001. The subdivision contains approximately 608 acres of land area. The developer has received approval to develop the subject property with 936 dwelling units and an 18 -hole championship golf course. The developer of the subdivision is requesting approval for the balconies of certain dwellings to encroach up to 15 feet within the required 40 -foot rear yard building setback, and up to 12 feet within the required 20 foot rear building setback. The subject lots have topography that will result in look -out or walk -out basements and elevated decks/balconies that will encroach into the required rear yard setback. The floors of the balconies will range from over 4 feet to 11.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. The applicant is requesting an amendment to the PSFR2 Planned Single Family Residence District Ordinance to permit the balconies of these dwellings to encroach into the required rear yard building setback. The encroachment of balconies will be restricted to 219 (33 %) of the 662 single - family detached dwellings (reference attached Exhibits F, G and H). The zoning ordinance allows a property owner to construct a deck of up to four feet in height across the rear yard provided it is located outside of any interior setback. The floor of any deck that exceeds four feet in height is considered a balcony. Balconies are required to meet the standard rear yard setback as if they were a part of the principal building, because a higher balcony has a more significant impact in the rear yard due to its height and mass. FINDINGS After due notice, as required bylaw, the Planning and Development Commission held a public hearing in consideration of Petition 22 -09 on September 8, 1009. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a Planned Development Review, dated September 2, 2009. 2 Findings of Fact Petition 22 -09 Planning and Development Commission September 8, 2009 The Planning and Development Commission has made the following findings: The Bowes Creek Country Club Subdivision comprises of three types of single - family lots based on site design requirements: Masters Lots: This area consists of 283 lots typically designed with a lot area of 15,000 square feet, a lot width of 100 feet and lot depth of 150 feet. The rear building setback for these lots is 40 feet. Fairway Lots: This area consists of 150 lots typically designed with a lot area of 10,000 square feet, a lot width of 80 feet and lot depth of 125 feet. The rear building setback for these lots is 40 feet. 9 3. Villa Lots: This area consists of 229 lots typically designed with a lot area of 5,355 square feet, a lot width of 51 feet and lot depth of 105 feet. The rear yard building setback for these lots is 20 feet. These lots comprise the active adult component of the subdivision. The applicant is requesting a maximum encroachment of 15 feet into the rear building setback of 40 feet for 121 of the 433 Masters and Fairways lots. 105 (86 %) of these lots back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 16 (14 %) lots will back to other lots within the neighborhood that do not require the reduction in the rear building setback since decks constructed on these lots will be less than four feet in height. The floors of the balconies will range from over 4 feet to 11.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. The applicant is requesting a maximum encroachment of 12 feet into the rear building setback of 20 feet for 98 of 229 Villas lots. 53 (54 %) of these lots back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 43 (43 %) lots will back to other lots within the neighborhood that do not require the reduction in the rear building setback since decks constructed on these lots will be less than four feet in height. Only two (3 %) lots that require the reduction in the rear building setback will back to each other. The floors of the balconies will range from over 4 feet to 9.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. Of the total of 219 lots that will be subject to the reduction in the rear building setback, 158 (72 %) back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 63 (28 %) lots back to other lots within the neighborhood, of which only two (3 %) lots that require the reduction in the rear building setback back to each other. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Bowes Creek Country Club Subdivision was approved in 2001, with a number of departures from the standard requirements of the zoning and subdivision regulations. 3 Findings of Fact Petition 22 -09 Planning and Development Commission September 8, 2009 The applicant is requesting the following additional departures from the standard requirements of the zoning ordinance. For the purposes of this section, the most similar zoning district is the SFR2 Single Family Residence District. The applicant is requesting the following additional departures from the standard requirements of the SFR2 District: Section 5.c. Rear Setback. In the SFR2 Zoning District a minimum rear building setback of forty (40) linear feet is required from a rear lot line. i. Masters and Fairways lots. The applicant is requesting a departure to allow rear decks on 121 lots within the Master's and Fairways portion of the subdivision to encroach a maximum of 15 feet into the rear setback. ii. Villas lots. The lots planned for the Villas portion of the subdivision that contain the active adult component of the development are smaller lots and were granted a departure to reduce the building setback to 20 feet from the rear lot line. The applicant is requesting a departure to allow rear decks on 98 lots within the Villas portion of the subdivision to encroach a maximum of 12 feet into the rear yard setback. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings: Positive attributes: The Bowes Creek Country Club Subdivision is unique in its design such that 320 acres (52 %) of the 608 acres are designed to remain as open space comprising of the championship 18 -hole golf course and natural areas. Residential lots are designed to maximize the views to these open spaces. Of the total of 219 lots that will be subject to the reduction in the rear building setback, 152 (69 %) lots back to this open space or to adjacent farmland where the encroachment of a balcony will have a minimal impact on the surrounding area. Only five (2 %) lots back to two lots within the adjacent Sturbridge Subdivision. 63 (28 %) lots back to other lots within the neighborhood, of which only two (3 %) lots that require the reduction in the rear building setback back to each other. The balconies will be constructed using quality materials with their floors ranging from over 4 feet to 11.8 feet in height above grade. The majority of these balconies will be between 6 and 8 feet in height above grade thereby creating a minimal impact on adjacent properties. B. Summary of Unresolved Issues. There are no unresolved issues. 11 Findings of Fact Petition 22 -09 C. Summary of Alternatives. Planning and Development Commission September 8, 2009 There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 22 -09. On a motion to recommend approval, subject to the following conditions, the vote was five (5) yes and zero (0) no: 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 0 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, and 98 lots within the Villas Lots area for a total of 219 of 662 lots. 3. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/ John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/ Matthew Fitzgibbon Matthew Fitzgibbon, Secretary Planning and Development Commission 0 ®es e V�i� /rte rri�.� 1Yr W Ln Ln NO �� al ool of �9d nu rm A / L2 m acccr a ��'fo \�� �✓ i�0ali a m sh — CMEGe?�i A QCAj O a� fea DO _ tea; � � ^o • 1 WIN ' "SOON ® a��]]i �sai� i-ai IOd.IiRi � L4�4J, i14�PIJrG1 ,, �e� �aa��asasz►'a _ c ulAemnS puel , sup..qo.3 ,� 6.1...1, pl," d @ D � a 06 Li rc wawa' IHN M O Eff low. - Ho AN, Lima, va tl 'I ke I-T LL 0 IT W N ;, �n 11�11�11�11�----jjjj 6ulRaunS Wel P.M BU3 Buluuld Wel C.� 5 33O S Z 5 soon o z snv W LLI m � 1 F f yg 3 :• a - •. N 0 I ULIUVI NEW , Ri a A �� 4 S � ; ■ \§ . � | ! � , ! )� § !| . |! .,§ � |! ] ■ § / E ; • ° : ; . ) § § ( ) § § § GROUP EXHIBIT B 1 OF 10 1.6. �ECEIIIE 2009 AUG 19 ay BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 00 51.00 12' x 12' O DECK Ln 20' B.S.L. ' AREA OF ENCROACHMENT = 138 S.F. 14 0l m WALDEN m 1 ° I I ° HOUSE SHOWN WITH 4' EXTENDED 15 o GARAGE OPTION. dECK ON HOUSE WITHOUT 4' EXTENDED GARAGE ® I OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE BOWES CREEK COMMON PHASE Z UnO.ptO.se IiA.,inoDrzW W.T.k V.n.. ce PlenslUJladwg, GROUP EXHIBIT B 2 OF 10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE ` (SMALLEST) LOT WITH PROPOSED DECK ll� 0 Lo 12' x 12' OI Lo DECK 1 20' B.S.L. 15 AREA OF ENCROACHMENT = 138 S.F. C, IC I 14 0 l W E S T R I D G E I uui GARAGE OPTION. (DECK N HOUSE WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF I I ENCROACHMENT = 90 S.F. 16 20' B.S.L. VALHALLA DRIVE COMMON PHASE 2XSarv0epNBaja MappingDrawingsTD Vmanee PlanslVill d. . GROUP EXHIBIT B 3 OF 10 BOWES CREEK COUNTRY CLUB VILLAS Lo SHOWING EXAMPLE OF MOST RESTRICTIVE C6 (SMALLEST) LOT WITH PROPOSED DECK Lo 12' x 12' O � f DECK it 20' D.S.L. AREA OF ENCROACHMENT = 138 S.F. i5 14 ° I S T O C K T O N t� I o HOUSE SHOWN WITH 4' EXTENDED v GARAGE OPTION. DECK ON HOUSE 0 WITHOUT 4' EXTENDED GARAGE o OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE M:W jectsU723 BOWES CREEK COMMON PHASE2 \SUrvOept\BBsB Mapping\DmwingsWD VW3nce Pisns \VOe.cwg,71BM0910:n:5AM,Atl ePOF GROUP EXHIBIT B Lo 4 OF 10 °1 BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 0 12'x 12' O f Co DECK 20' B.S.L. 15 AREA OF ENCROACHMENT = 136 S.F. m 14 0�� ml 0 ° HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. DECK ON HOUSE S T A M F O R D 0 WITHOUT 4' EXTENDED GARAGE o OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE M:\Projods \1723 BOWES CREEK COMMON Variance Plans \Ville.C.vg, 7281200910:22x64 AM. Aticee PDF GROUP EXHIBIT B 5 OF 10 1a NI 'm n F BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 51.00 rn 0 r c o O CV 12' x 12' DECK i 20' B.S.L. �j WRIGLEY u� 0 to N 0 VALHALLA DRIVE M:1Pegear11723 BOWES CREEK COMMON PHASE 2lSuwCeptswe Mappilgo2wlnp0sc Varww PIanWft,. g. 72MM AREA OF ENCROACHMENT= 95 S.F. HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. dECK ON HOUSE WITHOUT4'EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 47 S.F. a GROUP EXHIBIT B 6OF10 14 J� Im O N 0 u; oI I BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE N (SMALLEST) LOT WITH PROPOSED DECK 06 51.00 1 12'x 12' r t DECK 20' B.S.L. AREA OF ENCROACHMENT= 141 S.F. 15 V HOUSE SHOWN WITH 2' EXTENDED P A Y T O N N o GARAGE OPTION. DECK ON HOUSE WITHOUT 2' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 110 S.F. 16 B.S.L. VALHALLA DRIVE M:1Projec61172360W S CREEK COMMON PHASE 21SumDSp116ase Mappio9 \Dmwir &Teck Vaname ]28200910:24:08 AM, Adp PDF GROUP EXHIBIT B 7 OF 10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 51.00 O f 12'x 12' o O O DECK to 20- B.S.L. JI 15 14 0la 21 I NARBERTH AREA OF ENCROACHMENT = 138 S.F. L `o HOUSE SHOWN WITH 4' EXTENDED °o GARAGE OPTION. dECK ON HOUSE a WITHOUT4'EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE W: mjede11723 BOWES CREEK COMMON PHASE 2Zp ,Dap, \Bass MappingZmwings \Os Vanance Plans Wllla,wg.]=20091015'.05AM, Adobe PDF GROUP EXHIBIT B 8OF10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE Ln. (SMALLEST) LOT WITH PROPOSED DECK 0 12' x 12' IO DECK 20' B.S.L. OII 15 �I v N o m 14 LEH I GH Io AREA OF ENCROACHMENT = 138 S.F. HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. dECK ON HOUSE WITHOUT4'EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE MlPmjects1173 BOWES CREEK COMMON PHASE MumvpMus MspolnMDmwln SOWk V=Oa PlanslYlla.dwg, 7282009 10:25.40M, Adae POF GROUP EXHIBIT B BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE 9 OF 10 0 (SMALLEST) LOT WITH PROPOSED DECK 51.00 Lo to 12'x 12' C3 If O DECK 2 0' B.S.L. AREA OF ENCROACHMENT= 1M S.F. 1 vi HOUSE SHOWN WITH 4' EXTENDED m GARAGE OPTION. dECK ON HOUSE OD WITHOUT 4' EXTENDED GARAGE 1 co ( v OPTION WOULD HAVE AN AREA OF Q o I I L 1 N W O O D I 0 ENCROACHMENT = 90 S.F. u7 16 B.S.L. a M.�rgecW723 BOWES CREEK COMMON PHASE=urvDaoBsse Mapping\Drawln9slDec Vanance PlansMlla. w%]a=Q 10T7:33 AM, Adobe PDF GROUP EXHIBIT B 10 OF 10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE _ (SMALLEST) LOT WITH PROPOSED DECK 12'x 12' DECK 1 20' B.S.L. ull m 15 14 0I �, NORWICH if. 0 10 0 VALHALLA DRIVE AREA OF ENCROACHMENT = 138 S.F. HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. DECK ON HOUSE WITHOUT4'EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 M.Trojedst1723 BOWES CREEK COMMON PHASE2\ SUnDep tSase MappingTm.ingsIDack Var,.. Pla.s ils.dw,7128I200910:33:10AM, Adobo PDF Ordinance No. G69 -09 AN ORDINANCE AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12 -05 (Bowes Creek Country Club Neighborhoods AA2 and AA3) 3600 Bowes Road WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G12 -05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G12 -05; 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. G12 -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 AA2 and AA3. 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: EXHIBIT 2 A. Purpose and Intent. The purpose and intent of this PSFR2 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 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 "[SRI", 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" [SRI (UNCL). Finance, Insurance, and Real Estate Division. 6. "Development sales office" [SRI (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). 2 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. W 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: i. 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 twenty (20) linear feet. b. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be five (5) linear feet, however, the combined side setback shall not be less than 10 feet. C. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be twenty (20) 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 twelve (12) linear feet, per the requirements of the Development Administrator. Lots 15 -30, 36 -46, 66 -74, 77 -79, 86, 98 -110, 322 -327, 338 -341, 354 -363, 378 -380, 392 -394, 396, 408 -424, and 429. 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. 2 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 0.48 (48 %). 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 0.48 (48 %). 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" [SR] 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. 13. Supplementary Conditions. hi this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to 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 Landscaping Plans, prepared by HKM Architects and Planners, 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. C. Substantial conformance to the Tree Inventory Description, dated August 2004. 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 for the Regency at Bowes Creek County Club, provided within the Bowes Creek Estates development binder provided for the Planning and Development Commission, no date. h. For those active adult single family building elevations which do not provide 100% stucco or masonry street facing facades, a minimum 40% masonry shall be provided on the street facing 5 fagade, or other combination as approved by the Community Development Group. Additionally, where masonry is provided on a street facing fapade, a minimum two foot return shall be provided on the adjoining side building fagade. 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. j. No dwelling unit on the subject property shall be occupied by any person contrary to the age restrictions to be provided for within the private covenants for the subject property which shall be in substantial conformance with Section 3B of the Second Amendment to Bowes Creek Annexation Agreement dated January 26, 2005. Additional Conditions: 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 0' 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. hi 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. Fi 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. Presented: December 16, 2009 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Diane Robertson, City Clerk Ed Schock, Mayor q FINDINGS OF FACT Planning and Development Commission SUBJECT Ra e*-choa 1 September 8, 2009 City of Elgin, Illinois Consideration of Petition 22 -09; Requesting a Fourth Amendment to the Annexation Agreement, and Amendments to the Planned District Ordinances to Permit the Construction of Balconies Open to the Sky within the Required Rear Yard Setback, for the Residential Subdivision known as Bowes Creek Country Club; Property Located at 3600 Bowes Road, by Toll IL L.P., as Applicant, and LoLand Assets, L.P., as Owner. GENERAL INFORMATION Requested Action: Fourth Amendment to Annexation Agreement Amendment to Ordinances No. G11 -05 and G12 -05 Current Zoning: PSFR2 Planned Single Family Residence District PMFR Planned Multiple Family Residence District PCF Planned Community Facility District PRB Planned Residence Business District Existing Use: Property Location: Applicant Owner: Staff Coordinator: LIST OF EXHIBITS A. Location Map B. Zoning Map C. Parcel Map D. Aerial Photo E. Environmental Map F. Site Photos Residential /Commercial Subdivision 3600 Bowes Road LoLand Assets L.P., Sarosh Saher,Senior. Planner Exhibit A (see attached) (see attached) (see attached) (see attached) (see attached) (see attached) Findings of Fact Petition 22 -09 G. Petitioner's Statement and Additional Site Plans H. Draft PSFR2 Ordinances I. Related Correspondence BACKGROUND Planning and Development Commission September 8, 2009 (see attached) (see attached) (see attached) An application has been filed by Toll IL L.P., requesting a fourth amendment to the annexation agreement, and amendments to the planned district ordinances. The property is located at 3600 Bowes Road (reference attached Exhibits A, B, C, D, and E). The Bowes Creek Country Club subdivision was annexed to the City of Elgin in February of 2001. The subdivision contains approximately 608 acres of land area. The developer has received approval to develop the subject property with 936 dwelling units and an 18 -hole championship golf course. The developer of the subdivision is requesting approval for the balconies of certain dwellings to encroach up to 15 feet within the required 40 -foot rear yard building setback, and up to 12 feet within the required 20 foot rear building setback. The subject lots have topography that will result in look -out or walk -out basements and elevated decks/balconies that will encroach into the required rear yard setback. The floors of the balconies will range from over 4 feet to 11.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. The applicant is requesting an amendment to the PSFR2 Planned Single Family Residence District Ordinance to permit the balconies of these dwellings to encroach into the required rear yard building setback. The encroachment of balconies will be restricted to 219 (33 %) of the 662 single - family detached dwellings (reference attached Exhibits F, G and H). The zoning ordinance allows a property owner to construct a deck of up to four feet in height across the rear yard provided it is located outside of any interior setback. The floor of any deck that exceeds four feet in height is considered a balcony. Balconies are required to meet the standard rear yard setback as if they were a part of the principal building, because a higher balcony has a more significant impact in the rear yard due to its height and mass. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 22 -09 on September 8, 1009. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a Planned Development Review, dated September 2, 2009. Findings of Fact Petition 22 -09 Planning and Development Commission September 8, 2009 The Planning and Development Commission has made the following findings: The Bowes Creek Country Club Subdivision comprises of three types of single - family lots based on site design requirements: 1. Masters Lots: This area consists of 283 lots typically designed with a lot area of 15,000 square feet, a lot width of 100 feet and lot depth of 150 feet. The rear building setback for these lots is 40 feet. 2. Fairway Lots: This area consists of 150 lots typically designed with a lot area of 10,000 square feet, a lot width of 80 feet and lot depth of 125 feet. The rear building setback for these lots is 40 feet. Villa Lots: This area consists of 229 lots typically designed with a lot area of 5,355 square feet, a lot width of 51 feet and lot depth of 105 feet. The rear yard building setback for these lots is 20 feet. These lots comprise the active adult component of the subdivision. The applicant is requesting a maximum encroachment of 15 feet into the rear building setback of 40 feet for 121 of the 433 Masters and Fairways lots. 105 (86 %) of these lots back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 16 (14 %) lots will back to other lots within the neighborhood that do not require the reduction in the rear building setback since decks constructed on these lots will be less than four feet in height. The floors of the balconies will range from over 4 feet to 11.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. The applicant is requesting a maximum encroachment of 12 feet into the rear building setback of 20 feet for 98 of 229 Villas lots. 53 (54 %) of these lots back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 43 (43 %) lots will back to other lots within the neighborhood that do not require the reduction in the rear building setback since decks constructed on these lots will be less than four feet in height. Only two (3 %) lots that require the reduction in the rear building setback will back to each other. The floors of the balconies will range from over 4 feet to 9.8 feet in height above grade, with the majority being between 6 and 8 feet in height above grade. Of the total of 219 lots that will be subject to the reduction in the rear building setback, 158 (72 %) back to open space where the encroachment of a balcony will have a minimal impact on the surrounding area. 63 (28 %) lots back to other lots within the neighborhood, of which only two (3 %) lots that require the reduction in the rear building setback back to each other. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Bowes Creek Country Club Subdivision was approved in 2001, with a number of departures from the standard requirements of the zoning and subdivision regulations. Findings of Fact Petition 22 -09 Planning and Development Commission September 8, 2009 The applicant is requesting the following additional departures from the standard requirements of the zoning ordinance. For the purposes of this section, the most similar zoning district is the SFR2 Single Family Residence District. The applicant is requesting the following additional departures from the standard requirements of the SFR2 District: Section 5.c. Rear Setback. In the SFR2 Zoning District a minimum rear building setback of forty (40) linear feet is required from a rear lot line. i. Masters and Fairways lots. The applicant is requesting a departure to allow rear decks on 121 lots within the Master's and Fairways portion of the subdivision to encroach a maximum of 15 feet into the rear setback. ii. Villas lots. The lots planned for the Villas portion of the subdivision that contain the active adult component of the development are smaller lots and were granted a departure to reduce the building setback to 20 feet from the rear lot line. The applicant is requesting a departure to allow rear decks on 98 lots within the Villas portion of the subdivision to encroach a maximum of 12 feet into the rear yard setback. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings: Positive attributes: The Bowes Creek Country Club Subdivision is unique in its design such that 320 acres (52 %) of the 608 acres are designed to remain as open space comprising of the championship 18 -hole golf course and natural areas. Residential lots are designed to maximize the views to these open spaces. Of the total of 219 lots that will be subject to the reduction in the rear building setback, 152 (69 %) lots back to this open space or to adjacent farmland where the encroachment of a balcony will have a minimal impact on the surrounding area. Only five (2 %) lots back to two lots within the adjacent Sturbridge Subdivision. 63 (28 %) lots back to other lots within the neighborhood, of which only two (3 %) lots that require the reduction in the rear building setback back to each other. The balconies will be constructed using quality materials with their floors ranging from over 4 feet to 11.8 feet in height above grade. The majority of these balconies will be between 6 and 8 feet in height above grade thereby creating a minimal impact on adjacent properties. B. Summary of Unresolved Issues. There are no unresolved issues. Findings of Fact Petition 22 -09 C. Summary of Alternatives. Planning and Development Commission September 8, 2009 There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 22 -09. On a motion to recommend approval, subject to the following conditions, the vote was five (5) yes and zero (0) no: 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 46' 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, and 98 lots within the Villas Lots area for a total of 219 of 662 lots. 3. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/ John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/ Matthew Fitzgibbon Matthew Fitzgibbon, Secretary Planning and Development Commission J z 0 II } ®es 6m MIZE'waau m TP-9-pq 211,11 y SIR °o�� `p of �e �1°oi �dfi�r+,�"L:'° e`\ `� •• � 1' ,�� �/��a 10 oaE6EEF�e ea 6eEE eEd ea �1 lop 8. WAR •a/l�ae0 �cu Ida '�! io°o�i!�Iltn° �'Ilva �b ' �wllro W �� 'L941 II4Q1 . �.g�„��I�oaaaassi►'� F 5 nj 3S3 IY } k ��� T\ � JSE J:pY ,. E.r r. � �� � � HEM • F� � WM �� • asa of o�°�' ;; o �\' ;r;. ,,,� MCA to E � �f� ■ ■.. n. n � nn n \� 11 ' o n ■n .. ■ar. n �Y ®i O� ,IN�En ■r,n ® ® ��� r ,0 • rF it•l•1 R ` W1 9 N Not �l _ Ir - G Tjwn No .. n ° � • ;E I� ee� SAO, . � • e eta ��. 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VALHALLA DRIVE CREEK CMAMON PHASE?SUNDspt'3ese ieDoing0mr npkDmk Venence MmsMI&dn]I@ = ° I `o 14 in 01 AUG 19 2009 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE 'o (SMALLEST) LOT WITH PROPOSED DECK 51.00 12'x 12' o DECK 20' B.S.L. AREA OF ENCROACHMENT = WALDEN M I 1385. F. O r HOUSE SHOWN WITH 4' EXTENDED "J ( 1 o 1 GARAGE OPTION. dECK ON HOUSE WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 1 C> 20' B.S.L. VALHALLA DRIVE CREEK CMAMON PHASE?SUNDspt'3ese ieDoing0mr npkDmk Venence MmsMI&dn]I@ = GROUP EXHIBIT B 2 OF 10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK O L - 12' x 12' Io � DECK j - 20' B.S.L. 15 AREA OF ENCROACHMENT = 138 S.F. m 14 HOUSE o I ml II( WE S TR I D G E t o GARAGE PTION.' DECK ON HOUSE WITHOUT 4'EXTENDEO GARAGE I HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 20' B.S.L. VALHALLA DRIVE MappingDrawingsOed Vanance PlanslMilla.deg. 7122001 10:21:14 AM, Adobe PDF GROUP EXHIBIT B 3 OF 10 rm BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE c6 (SMALLEST) LOT WITH PROPOSED DECK Lrn T1 12'x 12' O I DECK 20' B.S.L. 15 ci 14 Ln STOCKTON I' AREA OF ENCROACHMENT = 138 S.F. HOUSE SHOWN WITH 4' EXTENDED o GARAGE OPTION. DECK ON HOUSE ° WITHOUT 4' EXTENDED GARAGE o OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE M:kProjs=M23 BOWES CREEK COMMON PHASE 21SU,Oept se Mepping%Dmwings \Deck Variance Pwswldla."g. ]/2 0910:22.b5 AM, Mob POF GROUP EXHIBIT B 4 OF 10 °' 14 °1 ° oI BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 0 1n 12' x 12' C3 0 DECK I 20' B.S.L. 15 AREA OF ENCROACHMENT = 138 S.F. HOUSE SHOWN WITH 4' EXTENDED S T A M F O R D ° GARAGE OPTION. DECK ON HOUSE o WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 VALHALLA DRIVE M'1ProjWq %1723 BOWES CREEK COMMON PHASE 24SurvDep110ase Mapppng�Dmmw ,SZ.e k v.ra a PlensMlla,dw , 720200910:22:4 AM, AOOGe PDF BOWES CREEK COUNTRY CLUB VILLAS GROUP EXHIBIT B SHOWING EXAMPLE OF MOST RESTRICTIVE rJ OF 10 (SMALLEST) LOT WITH PROPOSED DECK AREA OF ENCROACHMENT = 95 S.F. HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. dECK ON HOUSE WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 47 S.F. VALHALLA DRIVE M:9.'.msV723 BOWES GREEK COMMON PHASE 2 \SurvDep6Sase tvlspP�M�sawings'Ueck VananpN PlanslYPa dwg.J2B200510:23:21 AM.Atl PDF GROUP EXHIBIT B 6OF10 14 J) O ui �I I BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE N (SMALLEST) LOT WITH PROPOSED DECK 12'x 12' h DECK 20' B.S.L. 1-5 PAYTON J AREA OF ENCROACHMENT = 141 S.F. HOUSE SHOWN WITH 2' EXTENDED GARAGE OPTION. DECK ON HOUSE o WITHOUT 2' EXTENDED GARAGE o OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 110 S.F. 16 20' B. S. L. VALHALLA DRIVE MSPrgeds 1723 BOWES CREEK COMMON PHASE 2%SurvDepOBase Mapptnq%DrawinpsMeck Vananw OSAM. ACoba PDF GROUP EXHIBIT B o Ln 7 OF 10 BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 0 12'x12' �• ��� DECK 20' B.5.L. N 4 �Io I NARBERTH AREA OF ENCROACHMENT = 138 S.F. 'n HOUSE SHOWN WITH 4' EXTENDED °o GARAGE OPTION. dECK ON HOUSE o WITHOUT4'EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 20' VALHALLA DRIVE MA rojects\1 723 BONES CREEK COMMON PHASE 2SuNoaptlSase Mapping %DawMgsGEck Vanance PlansMla.dwg. ]2820051025:05 AM. Adobe PDF GROUP EXHIBIT B 8 OF 10 BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK 0 12'x 12' O � DECK Ij 20' B.S.L. 15 o I int 1� °I LEHIGH iLo�o 20' B.S.L. VALHALLA DRIVE AREA OF ENCROACHMENT = 138 S.F. HOUSE SHOWN W17H 4' EXTENDED GARAGE OPTION. dECK ON HOUSE WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF ENCROACHMENT = 90 S.F. 16 M:IPmjao k17223 BOWES CREEK COMMON PBASE 2WuN &PtP58se MsppinoDrw ngsOeor, Vanann PAmWHa.awg, ]GBP200910:25'ae AM, Mme PDF GROUP EXHIBIT 9 OF 10 B o 51.00 BOWES CREEK COUNTRY CLUB VILLAS SHOWING EXAMPLE OF MOST RESTRICTIVE (SMALLEST) LOT WITH PROPOSED DECK O 12'x 12' O O DECK 20' B.S.L. AREA OF ENCROACHMENT tM S.F. N I HOUSE SHOWN WITH 4' EXTENDED vi GARAGE OPTION. dECK ON HOUSE I m m I WITHOUT 4' EXTENDED GARAGE 1 °o in OPTION WOULD HAVE AN AREA OF a L I N W O O D °o ENCROACHMENT = 90 S.F. to 16 B.S.L. VALHALLA DRIVE WVPmja=n 1723 BOWES CREEK COMMON PHASE 2SurvDepNBase Mappn9Wrawmps\Oe&VananM PlansWlpadwq, 72B2W910:27:33 AM, Adobe PDF GROUP EXHIBIT B 10 OF 10 Kill 0 N oI 0 �I BOWES CREEK COUNTRY CLUB VILLAS o SHOWING EXAMPLE OF MOST RESTRICTIVE n (SMALLEST) LOT WITH PROPOSED DECK co 51.00 12'x 12' O DECK 20' B.S.L. AREA OF ENCROACHMENT = 138 S.F. 15 n I HOUSE SHOWN WITH 4' EXTENDED GARAGE OPTION. DECK ON HOUSE NORWICH oo WITHOUT 4' EXTENDED GARAGE OPTION WOULD HAVE AN AREA OF o ENCROACHMENT = 90 S.F. 7. E. VALHALLA DRIVE 16 M1Prgecs11723 BOWES CREEK COMMON PHASE MurvDepOBase MappinglDrawN ,sl eck Variance PlanskWla. dw9 ,21287400910:33:10AM.Adobe PDF