G-1432 Ordinance No . G-1432
e.. AN ORDINANCE
AMENDING CHAPTER 21 OF THE CITY CODE OF ELGIN , ILLINOIS
AS IT PERTAINS TO PLANNED DEVELOPMENTS .
WHEREAS , in the opinion of this Council , it is to the
public interest to amend the Elgin Zoning Ordinance to more
stringently control and regulate Planned Developments in the
City of Elgin , and
WHEREAS , a public hearing has been duly held pursuant to
the Statutes of the State of Illinois and the provisions of the
Elgin Zoning Ordinance , and
WHEREAS , the Elgin Zoning Board of Appeals has transmitted
its recommendations to the City Council , all of which have
been duly considered .
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF ELGIN , ILLINOIS :
Section 1 . That Section 21- 111 of Chapter 21 of the
City Code of Elgin be , and the same hereby is , amended by
deleting paragraph ( 6) entitled Planned Developments of
Sub-section H in its present form, in its entirety , and
inserting in lieu thereof, the following provisions , to-wit :
(6 ) PLANNED UNIT DEVELOPMENT .
a . PURPOSE .
The purpose of the planned unit development is to permit :
( 1) A maximum choice in the types of environment available
to the public by allowing a development that would not be
possible under the strict application of the other sections of
this Ordinance .
( 2) Permanent preservation of common open space and
recreation areas and facilities .
(3) A pattern of development to preserve natural vegetation ,
topographic and geologic features .
(4) A creative approach to the use of land and related
physical facilities that results in better development and
design and the construction of aesthetic amenities .
( 5) An efficient use of the land resulting in more
economic networks of utilities , streets , schools , public
grounds and buildings , and other facilities .
( 6) A land use which promotes the public health , safety ,
comfort, morals and welfare .
( 7) Innovations in residential , commercial and industrial
development so that growing demands of the population may be
met by greater variety in type , design and layout of buildings
and by the conservation and more efficient use of open
space ancillary to said buildings ,
The planned unit development is intended to provide
for developments incorporating a single type or a variety
of related uses which are planned and developed as a unit .
Such development may consist of conventionally subdivided
lots or provide for development by a planned unit development
plat in keeping with the purpose of the plan .
b . PROCEDURE .
A planned unit development shall be granted as a special
use in accordance with the procedure and standards of this
section , and may depart from the normal procedures , standards
and other requirements of the other sections of this
Ordinance . Applications shall be made on forms provided by
the City and shall be accompanied by the required plats and
documents . The application at each step shall be reviewed
and certified by the City Manager or his designee as being in
accordance with the planned unit development requirements .
( 1 ) Pre-Application Procedure.
( a) Pre-Application Conference - Prior to filing
of an application for approval of a planned
unit development, the developer may request
of the City Manager , an informal meeting to
discuss the development of his land in
conjunction with the City Plan ,
The City Manager may hold said meeting by
himself or may request the assistance and
advice of any of his staff , including the
City Council or the Plan Commission . Any
meeting of the Plan Commission or the City
Council may be a part of a regularly scheduled
meeting , shall be open to the public , and
included on the agenda in advance of said
meeting . The Pre-Application Conference is
not mandatory and does not require formal
application , fee , or filing of a planned unit
development plat.
( 2) Approval of Preliminary Plat .
A preliminary plat of the planned unit development shall
be submitted to the City Council , who shall refer the same to
the Plan Commission and Zoning Board of Appeals for review
and public hearing . Upon the conclusion of its review the
Plan Commission shall forward a report to the Zoning Board
of Appeals and the City Council . After the public hearing ,
eft the Zoning Board of Appeals shall issue a report to the
City Council as to whether the special use permit applied
for should be issued . The required procedure for approval of
the preliminary plat shall be :
( a) Submission of the following :
1 . Written application for approval of a planned
unit development shall be made on forms and
in the manner prescribed by the City .
2 . The application shall be accompanied by a filing
fee which shall be fixed by the City Council from
time to time , by ordinance .
3 . The preliminary plat and supporting data shall
be in accordance with the provisions of Section
21- 111 ( 6) d .
(b) The Zoning Board of Appeals shall hold a public
hearing on the application for a planned unit development ,
giving notice of the time and place not more than thirty ( 30)
nor less than fifteen ( 15) days before the hearing by
publishing a notice thereof at least once in a newspaper
published or circulated in the City.
!" ( c) Copies of the preliminary planned unit development
and supporting data shall be submitted to the Plan Commission
and Board of Appeals for public hearing , review and recommendations .
(d) Copies of the preliminary planned unit development
plat and supporting data shall be submitted to the City for
certification as to conformity with these regulations ,
recommendations , and suggestions regarding the overall design .
In addition to the foregoing , copies of the preliminary planned
unit development plat and supporting data shall be made
available to any park district , school district or sanitary
district which might be affected by said development. The
City Manager shall notify any such district concerning the
filing of said application .
(e) Following the aforesaid review and public hearing
of the preliminary planned unit development plat and supporting
data for conformity to these regulations , said Plan Commission
and Board of Appeals shall , as provided in paragraph 21-111 ( 6 ) b ( 2) ,
within forty-five ( 45) days , recommend approval , modification
or disapproval and the reasons therefor , or indicate why reports
cannot be rendered to the City Council .
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As a condition to the approval of the preliminary plat ,
the Plan Commission and Zoning Board of Appeals shall set
forth in separate communications to the City Council , findings
of fact as specified in Section 21- 111 (6) f, on which they
base their approval and describing how the proposal meets
the standards of Section 21-111 (6 ) e .
( f) The City Council , after receipt of the preliminary
planned unit development plat from the Plan Commission and the
Board of Appeals , shall within sixty ( 60) days approve , modify
or disapprove the preliminary plat . The City Council may
require such special conditions in the approval of the
preliminary plat as it may deem necessary to insure
conformity with the intent of all comprehensive plan
elements and the stated purposes of the planned development .
( g) Approval of a preliminary planned unit development
plat shall not constitute approval of the final plat ,
rather it shall be deemed an expression of approval of
the layout submitted on the preliminary plat as a guide
to the preparation of the final plat or plats . The final
plat or , if development is to be staged, the first stage
final plat shall be submitted by the developer , not later
than 180 days ( or such additional time as may be authorized
by resolution of the City Council from time to time) after
approval of the preliminary plat , for approval by the
corporate authorities of the City and subsequent recording
upon the fulfillment of the requirements of these regulations
and conditions , if any , of the preliminary approval . The
final plat shall be approved as the final land use and
zoning plat if it conforms with the preliminary land use
and zoning plat. The preliminary and final plat may be
filed and approved simultaneously , if all requirements hereof
are met.
No building permit shall be issued for any structure
until the approval of the final plat .
( 3) Approval of Final Plat.
The final planned unit development plat and, if the
development be staged , all staged final development plats
shall conform substantially to the preliminary plat as
approved . Approval for the final plat may be submitted in
stages with each stage reflecting a portion of the
approved preliminary plat which is proposed to be recorded
and developed ; provided , however, that such portion conforms
to all requirements of these regulations . The required
precedure for approval of a final plat or any stage thereof
shall be :
( a) A final planned unit development plat or plats
r"" and other supporting data including all covenants and restrictions ,
required for approval shall be submitted to the Plan Commission
and Zoning Board of Appeals complying fully with the provisions
of Section 21- 111 ( 6) d . All final plats shall be accompanied
by a written construction schedule of the developer . Such
schedule shall not exceed a period of five ( 5) years , if the
planned unit development land is the subject of a pre-
annexation agreement.
All other schedules shall not exceed a period of ten ( 10 )
years . If the development period in fact exceeds ten ( 10)
years , the City may revoke approval of the planned unit
development and initiate such zoning changes as it deems
necessary to preserve the public interest. Final plats
and supporting data shall show in detail the design ,
location and internal use of all buildings and overall
land development as well as such additional information
as the Zoning Board of Appeals and Plan Commission may
require . A public hearing on an application for final
approval of a planned unit development shall not be
required except as provided in Section 21-111 ( 6) b ( 5) ( a) .
(b) After review of the final plat , the Board of
Appeals and Plan Commission shall recommend approval
or disapproval within thirty ( 30 ) days after submission
eft by the developer and the reasons therefor , to the City
Council .
( c) The City Council after receipt of the final plat
and recommendation from the Board of Appeals and Plan
Commission shall within sixty (60) days approve or
disapprove the final plat and , if approved , shall pass an
ordinance authorizing the planned unit development as a
Special Use .
( 4) Recording of Final Plat .
The ordinance authorizing construction of the planned
unit development shall be effective only upon recording
of the final planned unit development plat and supporting
data including all pertinent covenants and restrictions
with the County Recorder of Deeds . No permit , allowing
construction of a building or other development , shall
take place until the required recording of the final plat ,
approval of the final engineering plans by the City engineer
and the posting by the developer of the required improvement
deposits , as set forth in Paragraph 21-111 ( 6) d( 3) ( c) and ( d) .
All recording costs shall be paid by the developer .
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The purpose of the final plat is to designate with
particularity the land subdivided into conventional lots
as well as the division of other lands , not so subdivided ,
into common open areas and building sites . The preliminary
plat shall generally locate buildings , whereas the final
plat shall show the exact location of each building . The
recording of the final plat shall inform all who deal with
the planned unit development of the covenants and restrictions
placed upon the land and act as a zoning control device .
( 5) Changes in the Planned Unit Development .
The planned unit development project shall be developed
only according to the approved and recorded final plat
and all supporting data . The recorded final plat and
supporting data including covenants and restrictions
together with all recorded amendments shall be binding
on the applicants , their successors , grantees and assigns
and shall limit and control the use of premises ( including
the internal use of buildings and structures ) and the
location of structures in the planned unit development
project as set forth therein .
( a) Major Changes - Changes which alter the concept
or intent of the planned unit development including
increases in density , increases in the height of buildings ,
reductions of proposed open space , changes in the sequence
of development , changes in road standards , or changes
in the final governing agreements , provisions , or
covenants , may be approved only by submission of a new
preliminary plat and supporting data and following the
"preliminary approval " steps and subsequent amendment
of the final planned unit development plat .
( b) Minor Changes - The City Council may approve
minor changes in the planned unit development which do
not change the concept or intent of the development ,
without going through the "preliminary approval " steps .
Minor changes are defined as any change not defined as
a major change .
All changes to the final plat shall be recorded
with the County Recorder of Deeds as amendments to the final
plat , or reflected in the recording of a new corrected
final plat .
( 6) Schedule.
The City Council shall consider the planned unit
development subject to revocation if construction falls
more than two ( 2) years behind the schedule filed with
the final plat , or exceeds ten ( 10) years . The developer
shall be notified in writing at least ninety ( 90)
days prior to any revocation hearing . Extensions of the
building schedule , agreed to by the developer at the
time of approval , may be granted by the corporate
authorities of the City .
c . LOCATION .
e.. The planned unit development is authorized as a
special use in each of the zoning districts of this Ordinance .
The size of the planned unit development and the standards
to which it must be built vary in different districts in
accordance with Section 21- 111 ( 6) e.
d . SPECIFIC CONTENT .
The planned unit development plats and supporting data
shall include at least the following information :
( 1 ) Pre-Application Stage .
( a) General Site Information - Data regarding site
conditions , land characteristics , available
community facilities and utilities , existing
covenants , and other related general information
about land uses within one half mile of the
proposed site.
( b) Sketch Plan - A drawing in simple sketch
form showing the proposed location and
extent of the land uses , major streets ,
lots and other features as they are related
to the City .
( c) Legal Description - A property survey and
legal description of the site proposed for
development.
( 2) Preliminary Plat Stage.
( a) Information shall be provided in conformance
with the provisions of Chapter 22 of the
Municipal Code of Elgin , Illinois .
( b ) Character - Explanation of the character of the
planned development and the reasons why it has
been planned to take advantage of the flexibility
of these regulations ,
( c) Ownership - Statement of present and proposed
ownership of all land within the project .
(d) Schedule - Proposed development schedule
indicating :
1 . Stages in which project will be built
with emphasis on area , density , use, and
public facilities such as open space to
be developed with each stage. Overall
design of each stage shall be shown on the
plat and through supporting graphic material .
2 . Approximate dates for beginning and completion
of each stage.
( e) Covenants - Proposed agreements , provisions , or
covenants which will govern the use , maintenance ,
development and continued protection of the
planned development and any of its common open
space .
( f) Density - Provide information on the gross
density , gross residential density and net
residential density of residential uses .
( g) Non-Residential Use - Provide information on the
type and amount of ancillary and non-residential
uses in a residential development , including the
amount of common open space.
( h ) Service Facilities - Provide general information
on all service facilities and off-street parking
facilities .
( i ) Architectural Plans - Preliminary sketches
and renderings for all primary buildings
shall be submitted in sufficient detail
to permit an understanding of the style
of the development.
(j ) Facilities Plans - General feasibility reports for :
1 . Roads , including classification , width of
right-of-way , width of pavement.
2 . Sidewalks .
3 . Sanitary Sewers .
4 . Storm Drainage .
5. Water Supply System
6 . Lighting Program.
7 . Planting and Landscaping Program .
( 3) Final Plat Stage
( a) Final Detailed Plan - A final land use and
zoning plat , suitable for recording with the County
Recorder of Deeds shall be prepared . The purpose
of the planned unit development plat is to designate
with particularity the land subdivided into conventional
lots as well as the division of other lands , not so
treated , into common open areas and building areas ,
and to designate and limit the specific internal
uses of each building or structure , as well as of
the land in general . The final planned unit
development plat and supporting data shall include :
1 . All information as required in Chapter 22 of the
e Municipal Code of Elgin , Illinois .
2 . Designation of the exact location of all buildings
to be constructed , and a designation of the
specific internal uses to which each building
shall be put , including construction details ,
showing centerline elevations , pavement type ,
curbs , gutters , culverts , etc . , and a street
numbering designation shall be furnished for
each building ,
3 . Tabulations on each separate unsubdivided use
area , including land area, number of buildings ,
number of dwelling units per acre .
4 . Common Open Space Documents shall be provided
which will indicate , at the election of the City ,
that , common open space shall be :
a . Conveyed to a municipal or public
corporation , or conveyed to a not-for-profit
corporation or entity established for the
purpose of benefiting the owners and resi -
dents of the planned development or
adjoining property owners or any one or more
of them . All lands conveyed hereunder shall
e be subject to the right of the grantee or
grantees to enforce maintenance and improvement
of the common open space : or
b . Guaranteed by a restrictive covenant des -
cribing the open space and its maintenance and
improvement , running with the land for the
benefit of residents of the planned unit
development or adjoining property owners and/Or
both .
e . STANDARDS .
The planned unit development must meet the following
standards :
( 1 ) Ownership and Size - The site of the planned unit
development must be under single ownership and/or unified
control and be not less than forty ( 40) acres in the R- 1 ,
R-2 , M- 1 , and M-2 Zoning Districts , or five ( 5) acres
in area in the R-3 , B- 1 , B- 2 , B-3 and B-4 Zoning Districts ,
or two ( 2) acres in the R-4 , R- 5 , and R-6 Zoning Districts .
Planned Unit Developments operated by a municipal corporation
shall be at least two ( 2 ) acres in area .
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( 2) Compatibility - The uses permitted in a planned
unit development must be of a type and so located as to
exercise no undue detrimental influence upon surrounding
properties , and shall be compatible each with the
other within said site.
( 3) Parking Requirements - The individual use permitted
within the planned unit development shall adhere to the parking
requirements provided for in other sections of this Ordinance
for the particular use or uses proposed .
(4) Density Controls . - A maximum of forty (40) units
per net residential land area shall be permitted . A
minimum of 25% of the net land area devoted to multiple
family residential use shall consist of common open space .
( 5) Traffic - That adequate provision be made to
provide ingress and egress so designed as to minimize traffic
congestion in the public streets .
( 6) General Design - The planned unit development
shall not be designed as to be detrimental to or endanger
the public health , safety , morals , comfort , or general
welafare .
f . FINDINGS .
The Plan Commission and Zoning Board of Appeals shall
each recommend to the City Council the denial or approval
of the proposed planned unit development and shall include
not only conclusions but also findings of fact related
to the specific proposal and shall set forth with particularity
what respects the proposal would or would not be in the
public interest including , but not limited to , findings
of fact on the following :
( 1) In what respects the proposed plan is or is not
consistent with the stated purpose of the planned unit
development regulations .
( 2) The extent to which the proposed plan meets the
requirements and standards of the planned unit development
regulations .
( 3) The extent to which the proposed plan departs
from the zoning and subdivision regulations otherwise
applicable to the subject property , including but not
limited to the density , dimension , area , bulk , and use, and
the reasons why such departures are or are not deemed to
be in the public interest.
1
(4) The physical design of the proposed plan and
the manner in which said design does or does not make
adequate provision for public services , provide adequate
control over vehicular traffic, provide for and protect
designated common open space , and further the amonities of
light and air , recreation and visual enjoyment.
( 5) The relationship and compatibility , beneficial
or adverse , of the proposed plan to the adjacent
properties and neighborhood .
( 6 ) The desirability of the proposed plan to physical
development , tax base and economic wellbeing of the entire
community .
( 7) The conformity wth the recommendations of the
Comprehensive City Plan .
Section 2 . That Section 21-103 of Chapter 21 of the
City Code of Elgin be , and the same hereby is , amended by
inserting in the definitions listed therein , the following
new items , to-wit :
COMMON OPEN SPACE - Land unoccupied by structures ,
buildings , streets , rights -of-way and automobile
parking lots and designed and intended for the use
or enjoyment of residents of a planned development.
Common open space may also be for the use and
enjoyment of the public if proper agreements have
been instituted by the developers and the City for
dedication to the City. Common open space may contain
structures for recreational use, No area within
twenty-five ( 25) feet of any building or structure ,
except a structure used for recreational use or a
pathway designed in connection with an overall
open space network shall be includable as common
open space .
GARDEN APARTMENTS - A multi -story apartment building ,
not to exceed four ( 4) stories , usually grouped
around a usable open space with off-street
parking provided on the periphery of the site .
GROSS DENSITY - The ratio between the total number
of dwelling units of a given tract of land and
the total area in acres including all land use areas
and all public and private rights-of-way .
GROSS RESIDENTIAL DENSITY - The ratio between the
total number of dwelling units by dwelling unit
type on the land area designated for that type of
residential use and the total residential land area
by dwelling unit type in acres including all public
and private rights -of-way,
NET RESIDENTIAL DENSITY - The ratio between the total
number of dwelling units by dwelling unit type on the
land area designated for that type of residential
use and the total residential land area by dwelling
unit type in acres , exclusive of all public and private
rights -of-way and other non-residential uses .
PLANNED UNIT DEVELOPMENT - A unified development of
one or more tracts of contiguous land in a single
ownership or unified control and which includes two
or more principal buildings or uses , and where the
specific requirements of a given district may be
modified if the application is processed under the
planned unit development procedure of this ordinance .
TOWNHOUSE/ROWHOUSE - Three or more attached dwelling
units designed for occupancy by one family , each on
its own plot of ground and joined to one end ( end unit)
or two other dwellings by fire walls which comply with
standard; specified in the Building Code of the
Building Officials Conference of America , Inc . Each
dwelling unit shall occupy the internal space from
the ground to the roof .
UNIFIED CONTROL - The combination of two or more tracts
of land wherein each owner has agreed that his tract
of land shall be developed as part of a planned unit
development and shall be subject to the control of
this ordinance applicable to the planned development .
Section 3 . That all ordinances or parts thereof, in
conflict herewith , be , and the same hereby are , repealed and
of no further force and effect ,
Section 4 . That this ordinance shall be in full force
and effect from and after its passage as provided by law ,
and shall be published in pamphlet form by authority of the
City Council .
E. C. Alft (Signature)
E . C . Alft, Mayor
Presented : April 14, 1971
Passed : April. 14, 1971.
Vote : Yeas 5 Nays 0
Recorded : April 14, 197].
Published : April 14, 1971
Attest :
Margaret A. Shales (Signature)
Margaret A . Shales , City Clerk