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G8-93 CITY OF ELGIN ORDINANCE NO. G8-93 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF TOASTMASTER DRIVE, NORTH OF COBBLER' S crossing unit 7 , COMMONLY KNOWN AS COBBLER' S CROSSING UNIT 13 rft ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 10TH DAY OF MARCH, 1993 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 11th day of March, 1993 . STATE OF ILLINOIS ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on March 10, 1993, the Corporate Authorities of such municipality passed and approved Ordinance No. G8-93, entitled An Ordinance Reclassifying Property Located on the West Side of Toastmaster Drive, North of Cobbler' s Crossing Unit 7, Commonly Known as Cobbler' s Crossing Unit 13, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G8-93, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on March 11, 1993, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on March 11, 1993 . A;14.. Municipal Clerk (SEAL) rink Ordinance No. G8-93 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF TOASTMASTER DRIVE, NORTH OF COBBLER' S CROSSING UNIT 7 , COMMONLY KNOWN AS COBBLER' S CROSSING UNIT 13 WHEREAS, written application has been made to reclassify certain property located on the west side of Toastmaster Drive, north of Cobbler' s Crossing Unit 7 , commonly known as Cobbler' s Crossing Unit 13, from GI General Industrial District to PMFR Planned Multiple Family Residence District; and WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Planning and Development Commission and concurs in such recommendations . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 19 . 07 , Section 19 . 07 . 600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976 , as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the ' Zoning District Map' , as amended, be and are hereby altered by excluding from the GI General Industrial District and including in the PMFR Planned Multiple Family Residence District, the following described property: THAT PART OF SECTION 6 , TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 6 , BEING ALSO THE NORTH LINE OF HANOVER TOWNSHIP, 855 . 00 FEET, AS MEASURED ALONG SAID NORTH LINE, WEST OF THE NORTHEAST CORNER OF SAID SECTION 6; THENCE SOUTH 03 DEGREES 38 MINUTES 39 SECONDS WEST (DEED SOUTH 03 DEGREES 38 MINUTES WEST) ALONG A LINE HEREINAFTER REFERRED TO AS THE WEST LINE OF THE ASSESSOR' S DIVISION, 3779 . 44 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SHOE FACTORY ROAD, SAID INTERSECTION BEING HEREINAFTER REFERRED TO AS POINT "A" ; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SHOE FACTORY ROAD, BEING A CURVED LINE CONVEX SOUTHERLY AND HAVING A RADIUS OF 13172 . 18 FEET, AN ARC DISTANCE OF 71 . 02 FEET TO AN INTERSECTION WITH A LINE 71 . 00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH SAID WEST LINE OF THE ASSESSOR' S DIVISION (THE CHORD OF SAID ARC BEARS NORTH 87 DEGREES 54 MINUTES 19 SECONDS WEST, 71 . 02 FEET) ; THENCE NORTH 03 DEGREES 38 MINUTES 39 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, BEING ALSO THE WEST LINE OF THE EASEMENT FOR ACCESS AND RIGHT OF WAY OVER EXISTING ROADWAY ACCORDING TO THE INSTRUMENT RECORDED DECEMBER 24 , 1987 AS DOCUMENT NO. 87674536, 1292 . 11 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE NORTH 86 DEGREES 12 MINUTES 11 SECONDS WEST, 900 . 87 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 49 SECONDS EAST, 866 .26 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 04 SECONDS EAST 955 . 24 FEET TO AN INTERSECTION WITH A LINE 71 . 00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH SAID WEST LINE OF THE ASSESSOR' S DIVISION; THENCE SOUTH 03 DEGREES 38 MINUTES 39 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, BEING ALSO THE WEST LINE OF THE EASEMENT FOR ACCESS AND RIGHT OF WAY OVER EXISTING ROADWAY RECORDED DECEMBER 24 , 1987 AS DOCUMENT NO. 87674536 , 925 . 30 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. " (ow Section 2 . PURPOSE AND INTENT: The purpose of the PMFR Planned Multiple Family Residence District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. This PMFR zoning district is most similar to, but departs from the standard requirements of the MFR zoning district. Section 3 . SUPPLEMENTARY REGULATIONS: Except as may be noted herein, any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. Section 4 . GENERAL PROVISIONS: In the PMFR District, the use and development of land and structures shall be subject to the general regulations contained in Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, 1976, as amended. Section 5 . ZONING DISTRICTS - GENERALLY: In the PMFR 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. Section 6 . LOCATION AND SIZE OF DISTRICT: The planned residence district shall be located in substantial conformance to the Planned Development Plan, prepared by Kimball Hill, Inc. , dated October 21, 1992, revised November 6, 1992, January 7 , 1993, and February 16, 1993 . The amount of land necessary to constitute this planned residence district is 19 .066 acres . No departure from this required minimum size of the planned residence district shall be granted by the City Council . Section 7 . LAND USE: In the PMFR District, the use and development 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" shall be the only land uses allowed as a "permitted use" (SR) in the PMFR District: RESIDENCES DIVISION - Multiple Family Dwellings (SR) (UNCL) - Residential Garage Sales (SR) (UNCL) - Residential Outdoor Storage of Firewood (SR) (UNCL) - Residential Parking Areas (SR) (UNCL) - Residential Storage (SR) (UNCL) FINANCE, INSURANCE, AND REAL ESTATE DIVISION - Development Sales Office (SR) (UNCL) rek SERVICES DIVISION - Family Residential Care Facility (SR) (UNCL) - Home Child Day Care Services (SR) (UNCL) CONSTRUCTION DIVISION - Contractors Office and Equipment Areas (SR) (UNCL) TRANSPORTATION, COMMUNICATION, AND UTILITIES DIVISION - Amateur Radio Antennas (SR) (UNCL) - Radio and Television Antennas (SR) (UNCL) - Satellite Dish Antennas (SR) (UNCL) - Treatment, Transmission, and Distribution Facilities : Poles, Wires, Cables, Conduits, Laterals, Vaults, Pipes, Mains, and Valves (SR) MISCELLANEOUS USES DIVISION - Fences and Walls (SR) (UNCL) - Parking Lots (SR) (UNCL) , Exclusively Accessory (SR) , Chapter 19 . 45, Off Street Parking, of the Elgin Municipal Code, 1976, as amended, and as exclusively depicted on the Planned Development Plan, prepared by Kimball Hill, Inc. , dated October 21, 1992, revised November 6 , 1992 , January 7 , 1993, and February 16, 1993 . - Refuse Collection Area (SR) - Signs (SR) (UNCL) , subject to the provisions of Chapter 19 .50, Signs, of the Elgin Municipal Code, — 1976, as amended. rft Accessory Structures (SR) (UNCL) to the Permitted Uses Allowed in the PMFR District, Subject to the Provisions of Section 19 . 12 . 500, Accessory Structures and Buildings, and subject to the Planned Development Plan, prepared by Kimball Hill, Inc. , dated October 21, 1992, revised November 6, 1992, January 7 , 1993, and February 16 , 1993 . Accessory Uses (SR) (UNCL) to the Permitted Uses Allowed in the PMFR District, Subject to the Provisions of Section 19 . 10 . 400, Component Land Uses . Section 8 . SITE DESIGN: In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12, Site Design, of the Elgin Municipal Code, 1976, as amended. In the PMFR District, the site design shall be in substantial conformance with the Planned Development Plan, prepared by Kimball Hill, Inc. , dated October 21, 1992, revised November 6 , 1992, January 7, 1993, and February 16, 1993 . Section 9 . OFF STREET PARKING: In the PMFR 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, and shall be subject to the Planned Development Plan, prepared by Kimball Hill, Inc . , dated October 21, 1992, revised November 6 , 1992, January 7 , 1993, and February 16 , 1993 . Section 10 . SIGNS : In the PMFR District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, 1976, as amended. Section 11 . VARIATIONS: In the PMFR District, no variations for which Chapter 19 . 70 of the Elgin Municipal Code, 1976, as amended, provides a means of variation shall be permitted. Section 12 . 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 13 . SITE AND OWNERSHIP REQUIREMENTS: The site of the planned development shall be under single ownership or unified control (SR) until all construction is completed. Section 14 . SUBDIVISION REGULATIONS : The PMFR District involves the subdivision of land and is subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, and shall be subject to the Planned Development Plan, prepared by Kimball Hill, Inc. , dated October 21, 1992, revised November 6 , 1992, January 7 , 1993, and February 16, 1993 . Section 15 . DEVELOPMENT CONTRIBUTIONS REQUIREMENTS: The PMFR District is subject to the provisions of Title 17, Development Impact Fees . Section 16 . CHANGES TO THE PLANNED DEVELOPMENT: The Development Administrator may allow minor changes to the PMFR District without requiring the applicant to repeat the procedures in Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, or the procedures for preliminary plat or final plat approval in Title 18, Subdivisions, provided that such changes are in substantial conformance to the approved development plan. Such minor changes shall be specifically limited to the following: Adjustment to the location of private streets, parking lots, or buildings by 20 feet or less; decrease in density or floor area; increase in open space or landscaped area; substitution of comparable plant material in the landscape plan; and substitution of aesthetically comparable exterior building materials, provided such changes are in conformance with the requirements of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, 1976 , as amended. Section 17 . REVOCATION OF THE PLANNED DEVELOPMENT: If the construction of the planned development has not started within two years of the date of its approval, the Development Administrator shall file an application for a map amendment reclassifying the subject property from a planned zoning district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the official comprehensive plan, as determined by the Development Administrator and subject to the provisions of Chapter 19 .55, Amendments, of the Elgin Municipal Code, 1976 , as amended. Section 18 . That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council . �f�� 1L(/14e/id`�%�/' Georg VanDeVoorde, Mayor Presented: March 10, 1993 Passed: March 10, 1993 Vote: Yeas 5 Nays 2 Recorded: March 11, 1993 Published: Attest: rft /C74 Dolonna Mecum, City Y