G45-95 Ordinance No. G45-95
AN ORDINANCE
AMENDING ORDINANCE NO G-1612 GRANTING A SPECIAL USE
FOR A PLANNED UNIT DEVELOPMENT
(PARKWOOD VILLAGE)
WHEREAS, written application has been made to amend
the special use heretofore granted for a planned unit
development in the Parkwood Village Subdivision.
WHEREAS, the City Council of the City of Elgin,
Illinois, concurs in the findings and recommendations of
the Planning and Development Commission.
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 made by the Planning and
Development Commission, a copy of which is attached hereto
and made a part hereof by reference as Exhibit A.
Section 2 . That an amendment to a special use for a
planned unit development granted by Ordinance G-1612 over
the property legally described on the map attached hereto
and made a part hereof by reference as Exhibit B, and
legally described as follows :
elk
Lots 1-17 of Parkwood Village Unit 1; and
Lots 29-108 of Parkwood Village Unit 2; and Lots
133-170 of Parkwood Village Unit 4 ; in the City
of Elgin, Cook County, Illinois (said properties
commonly known as 85-252 Highbury Drive; 1-44
Village Court; and 248, 252-258, 260-262,
264-274 , and 276-280 Waverly Drive)
be and is hereby granted subject to the following
conditions :
1 . Compliance with all other applicable codes and
ordinances .
Section 3 . That Section 1 of Ordinance No. G-1612
entitled "An Ordinance Granting a Special Use for the
Development of a Planned Unit Development for Residential
Purposes" passed August 8, 1973, be and is hereby amended
to read as follows :
A. PURPOSE AND INTENT
The purpose of the Parkwood Village Planned Residence
Conservation District is to conserve the urban
residential environment of the existing planned
development which was developed prior to the effective
date of the current Title 19, Zoning, of the Elgin
Municipal Code.
F B. SUPPLEMENTARY REGULATIONS
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, as may be
amended from time to time. The exclusion of such
symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
C. GENERAL PROVISIONS
In the Parkwood Village Planned Residence Conservation
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, as may be amended from time to time.
D. ZONING DISTRICTS - GENERALLY
In the Parkwood Village Planned Residence Conservation
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, as may be amended from time to time.
E. LOCATION AND SIZE OF DISTRICT
The Parkwood Village PRC Planned Residence
Conservation District was mapped prior to the
effective date of the current Title 19 Zoning, of the
Elgin Municipal Code. The Parkwood Village PRC
Planned Residence Conservation District shall comply
with Chapter 19 .20. 925 Location and Size of District,
of the Elgin Municipal Code, as may be amended from
time to time, with the exception that this district
may exceed 20 acres .
F. LAND USE
In the Parkwood Village Planned Residence Conservation
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,
as may be amended from time to time. The following
enumerated "land uses" (SR) shall be the only land
uses allowed as a "permitted use" (SR) or as a
"conditional use" (SR) in the Parkwood Village Planned
Residence Conservation District:
Permitted Uses : The following enumerated land uses
shall be the only land uses allowed as a permitted use
2
in the Parkwood Village Planned Residence Conservation
District:
Residences Division.
1 . "Single family detached dwellings" (SR) (UNCL) .
2 . "Residential garage sales" (SR) (UNCL) .
3 . "Residential outdoor storage of firewood" (SR)
(UNCL) .
4 . "Residential parking areas" (SR) (UNCL) .
5 . "Residential storage" (SR) (UNCL) .
6 . "Residential storage of trucks or buses" (SR)
(UNCL) .
7 . Other uses that may be added to the RC3 Residence
Conservation District, Permitted Use List,
Residences Division, in the future.
Municipal Services Division.
8 . Public parks, recreation, open space (UNCL) on a
"zoning lot" (SR) containing less than two (2)
acres of land.
Services Division.
9 . "Family residential care facility" (SR) (UNCL) .
10 . "Home child day care services" (SR) (UNCL) .
Transportation, Communication and Utilities Division.
11 . "Amateur radio antennas" (SR) (UNCL) .
12 . "Radio and Television antennas" (SR) (UNCL) .
13 . "Satellite Dish antennas" (SR) (UNCL) .
14 . "Treatment, transmission, and distribution
facilities : poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" (SR)
(UNCL) .
Miscellaneous Uses Division.
15 . "Accessory structures" (SR) (UNCL) , to the
permitted uses allowed in the Parkwood Village
Planned Residence Conservation District, subject
to the provisions of Section 19 . 12 . 500, Accessory
Structures and Buildings, of the Elgin Municipal
Code, as may be amended from time to time.
16 . "Accessory uses" (SR) (UNCL) to the permitted
uses allowed in the Parkwood Village Planned
Residence Conservation District, subject to the
provisions of Section 19 . 10 .400, Component Land
Uses, of the Elgin Municipal Code, as may be
amended from time to time.
17 . "Fences and walls" (SR) (UNCL)
to- 18 . "Signs" (SR) (UNCL) , subject to the provisions of
Chapter 19 . 50, Signs, of the Elgin Municipal
Code, as may be amended from time to time.
3
Conditional Uses . The following enumerated land
uses shall be the only land uses allowed as a
conditional use in the Parkwood Village Planned
Residence Conservation District:
Transportation, Communication and Utilities Division.
19 . "Other radio and television antennas" (SR) (UNCL) .
20 . "Other satellite dish antennas" (SR) (UNCL) .
21 . "Treatment, transmission, and distribution
facilities : equipment, equipment buildings,
towers, exchanges, substations, regulators" (SR)
(UNCL) .
G. SITE DESIGN.
Lot Area, Lot Width, Building Setbacks, Residential
Floor Area, and Principal Building Coverage. The
minimum required lot area, minimum required lot width,
minimum required building setbacks, maximum permitted
residential floor area, and maximum building coverage
for principal buildings shall be limited to that which
exists for each zoning lot upon the effective date of
this ordinance.
Accessory Structures and Buildings . In the Parkwood
Village Planned Residence Conservation District,
"accessory structures and buildings" (SR) shall be
subject to the provisions of Section 19 . 12 .500,
Accessory Structures and Buildings, of the Elgin
Municipal Code, as may be amended from time to time.
Yards . In the Parkwood Village Planned Residence
Conservation District, a "street yard" (SR) , a "side
yard" (SR) , or a "rear yard" (SR) established by the
actual location of a building shall be subject to the
following provisions :
1 . View Obstructions . Line of sight control areas
shall be maintained at the intersections of all
"streets" [SR] , streets and "alleys" [SR] ,
streets and "driveways" [SR] , streets and
approaches, and driveways or approaches, and
sidewalks . A line of sight control area shall be
that portion of a property located within 20 feet
of the intersection of two edges of pavement of
the intersecting streets, alleys, sidewalks,
driveways, or approaches. No visual obstructions
that obstruct the vision of drivers, or that
obstruct or detract from the visibility or
effectiveness of any traffic control sign or
device, and which are between three feet in
"structure height" [SR] and eight feet in height
shall be located within the line of sight control
area. No intersections of alleys, and driveways
4
or approaches shall be required to provide a line
of sight control area.
2 . Street Yards . For the purposes of this section,
a street yard shall be defined as only that area
located between the street lot line (SR) and the
nearest parallel or approximately parallel
building line, extended, as established by the
location of the building. The following
obstructions shall be the only obstructions which
shall be allowed within a "street yard" [SR] :
a. Architectural . Architectural ornamental
features of a "principal building" [SR] :
Sills, belt courses, wing walls, and
cornices, encroaching two linear feet or
less into the required "building" [SR]
"setback" [SR] from any "lot line" [SR] .
b. Architectural . Awnings and canopies
encroaching three linear feet or less into
the required "building" [SR] "setback" [SR]
from any "lot line" [SR] and encroaching
zero linear feet into the required "vehicle
use area setback" [SR] from the applicable
lot line.
c . Architectural . Balconies, encroaching three
linear feet or less into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] .
d. Architectural . Bay windows, to a maximum of
one story in height, encroaching three
linear feet or less into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] .
e. Architectural . Chimneys, encroaching two
linear feet or less into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] .
f. Architectural . Eaves, soffits, gutters, and
cantilevers, encroaching three linear feet
or less into the required "building" [SR]
"setback" [SR] from any "lot line" [SR] .
g. Landscaping. Arbors and trellises ten
linear feet in height or less .
h. Landscaping. Decks, patios, porches,
terraces, or any other similar impervious
surface unless otherwise provided explicitly
in this section, open to the sky,
encroaching three linear feet or less into
the required "building" [SR] "setback" [SR]
from any "street lot line" [SR] and set back
at least three feet from any "interior lot
line" [SR] . No deck, patio, porch, terrace,
or any other similar impervious surface
shall be used as a "vehicle use area" [SR] .
Any deck, patio, porch, or terrace,
5
exceeding four feet in "structure height"
[SR] shall be considered a balcony.
1 . Landscaping. "Fences and walls" [SR] .
j . Landscaping. Flag poles and ornamental
lighting.
k. Landscaping. Landscaping structures
including but not limited to lawn furniture,
sundials, birdbaths, fountains, and
sculptures .
1 . Landscaping. Pedestrian walkways, steps,
stoops and ramps, which are necessary for
access to a structure, open to the sky, five
feet or less in width, four feet or less in
height above the established grade, and
located one foot or more from the applicable
lot line.
m. Landscaping. Trees, shrubs, flowers, lawns,
and berms .
n. Miscellaneous . Security lighting.
o. Miscellaneous . "Signs" [SR] which may
encroach into the required "building" [SR]
"setback" [SR] from any "lot line" [SR] ,
subject to the provisions of Chapter 19 .50,
Signs, of the Elgin Municipal Code, as may
be amended from time to time.
p. Miscellaneous . "Treatment, transmission,
and distribution facilities for public
utilities : poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves"
[SR] .
q. Miscellaneous . Treatment, transmission, and
distribution facilities : equipment,
equipment buildings, towers, exchanges,
substations, regulators" [SR] , encroaching
zero linear feet into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] , and subject to the provisions
for land use of this zoning district.
r. Parking Facilities. "Driveways" [SR] and
private "streets" [SR] , subject to the
provisions of Chapter 19 .45, Off Street
Parking, of the Elgin Municipal Code, as may
be amended from time to time.
s . Parking Facilities . Off street parking
lots, subject to the provisions for land use
of the zoning district in which it is
located, and subject to the provisions of
Chapter 19 . 45. Off Street Parking, of the
Elgin Municipal Code, as may be amended from
time to time.
t. Parking Facilities . "Residential parking
areas" [SR] , subject to the provisions for
land use of this zoning district, and
subject to the provisions of Chapter 19 .45,
Off Street Parking, of the Elgin Municipal
Code, as may be amended from time to time.
6
u. Residential . "Residential storage of trucks
or buses" [SR] , subject to the provisions
w► for land use of this zoning district.
v. Other Similar Obstructions . Other similar
obstructions as approved by the Development
Administrator based on the most similar
obstruction enumerated in this section.
3 . Side Yard. The following obstructions shall be
the only obstructions which shall be allowed
within a "side yard" [SR] :
a. General . Any of the obstructions enumerated
in Section 2 Street Yards, above, except bay
windows .
b. Architectural . Bay windows, encroaching
three linear feet or less into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] .
c. Miscellaneous . Heating, ventilation, and
air conditioning equipment, encroaching
three linear feet or less into the required
"building" [SR] "setback" [SR] from an
"interior lot line" [SR] .
d. Residential . "Residential outdoor storage
of firewood" [SR] , encroaching three feet or
less into the required "building" [SR]
"setback" [SR] from an "interior lot line"
[SR] , and subject to the provisions for land
tow use of this zoning district.
e. Other Similar Obstructions . Other similar
obstructions as approved by the Development
Administrator based on the most similar
obstruction enumerated in this ordinance.
4 . Rear Yard. For the purposes of this section, a
rear yard shall be defined as only that area
located between the rear lot line (SR) and the
nearest parallel or approximately parallel
building line, extended, as established by the
location of the building.The following
obstructions shall be the only obstructions which
shall be allowed within a "rear yard" [SR] :
a. General . Any of the obstructions enumerated
in Section 3, Side Yards, above, except bay
windows .
b. Antennas . "Amateur radio antennas" [SR] ,
set back at least three linear feet from an
"interior lot line" [SR] , and subject to the
provisions for land use of this zoning
district.
c . Antennas . "Other radio and television
antennas" [SR] , set back at least three
linear feet from an "interior lot line"
[SR] , and subject to the provisions for land
use of this zoning district.
7
d. Antennas . "Other satellite dish antennas"
[SR] , setback at least three linear feet
�•. from an "interior lot line" [SR] , and
subject to the provisions for land use of
this zoning district.
e. Antennas . "Radio and television antennas"
[SR] , setback at least three linear feet
from an "interior lot line" [SR] , and
subject to the provisions for land use of
this zoning district.
f . Antennas . "Satellite dish antennas" [SR] ,
setback at least three feet linear from an
"interior lot line" [SR] , and subject to the
provisions for land use of this zoning
district.
g. Architectural . Bay windows, to a maximum of
one story in height, encroaching three
linear feet or less into the required
"building" [SR] "setback" [SR] from any "lot
line" [SR] .
h. Miscellaneous . "Accessory" [SR] refuse
containers, set back at least three linear
feet from an "interior lot line" [SR] .
i . Miscellaneous . Dog runs, set back at least
three linear feet from an "interior lot
line" [SR] .
j . Miscellaneous . Emergency shelters, set back
at least three linear feet from an "interior
lot line" [SR] .
k. Miscellaneous . Laundry drying equipment,
set back at least six linear feet from an
"interior lot line" [SR] .
1 . Miscellaneous . Playground and recreational
equipment and facilities, set back at least
three linear feet from an "interior lot
line" [SR] .
m. Miscellaneous . "Refuse collection area"
[SR] , subject to the provisions for land use
of the zoning district in which it is
located.
n. Miscellaneous . Swimming pools and equipment,
set back at least six linear feet from an
"interior lot line" [SR] .
o. Other Similar Obstructions . Other similar
obstructions as approved by the Development
Administrator based on the most similar
obstruction enumerated in this ordinance.
5 . Accessory Building Coverage. In the Parkwood
Village Planned Residence Conservation District,
the maximum "accessory building coverage" (SR)
for a zoning lot shall be as follows :
The maximum square footage for all garages shall
be limited to that which exists for each zoning
lot as of the effective date of this ordinance.
8
No existing garage shall be expanded, nor shall
additional garages be constructed subsequent to
the adoption of this ordinance.
In addition to garages, a maximum of 200 square
feet of accessory building coverage other than
garages shall be permitted per zoning lot.
6 . Vehicle Use Area. In the Parkwood Village
Planned Residence Conservation District, the
maximum "vehicle use area" (SR) for a single
family zoning lot shall be limited to the vehicle
use area for each zoning lot as exists at the
time of adoption of this ordinance. No existing
vehicle use area shall be expanded nor shall
additional vehicle use areas be constructed
subsequent to the adoption of this ordinance.
H. OFF STREET PARKING
In the Parkwood Village Planned Residence
Conservation District, off street parking shall
be subject to the provisions of Chapter 19 .45,
Off Street Parking, of the Elgin Municipal Code,
as may be amended from time to time.
�*• I . SIGNS
In the Parkwood Village Planed Residence
Conservation District, signs shall be subject to
the provisions of Chapter 19 .50, Signs, of the
Elgin Municipal Code, as may be amended from time
to time.
J. PLANNED DEVELOPMENTS
The Parkwood Village Planned Residence
Conservation District shall be subject to the
provisions of Chapter 19 . 60, Planned
Developments, of the Elgin Municipal Code, as may
be amended from time to time.
K. CONDITIONAL USES
In the Parkwood Village Planned Residence
Conservation District, conditional uses shall be
subject to the provisions of Chapter 19. 65,
Conditional Uses, of the Elgin Municipal Code, as
may be amended from time to time.
L. VARIATIONS
Any of the requirements of this ordinance may be
varied, subject to the provisions of Section
19 . 70, Variations, of the Elgin Municipal Code,
as may be amended from time to time. Variations
9
may be requested by an individual property owner
or owners for a zoning lot or lots without
requiring that an amendment to the planned
development be obtained and without requiring
that all property owners in Parkwood Village
enter into the variation request.
M. 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, as may be amended from time to time.
Section 4 . That, except as amended herein,
Ordinance No. G-1612 remains in full force and effect.
Section 5 . That this ordinance shall be in full
force and effect from and after its passage in the manner
provided by law.
7 ayo
Kevin Kelly, Mayo
Presented: June 28, 1995
Passed: June 28, 1995
Omnibus Vote: Yeas 7 Nays 0
Recorded: June 29, 1995
Published:
Attest:
X11-��iA.�.1
Dolonna Mecum, City lerk
10
May 1, 1995
FINDINGS OF FACT
PLANNING AND DEVELOPMENT COMMISSION
CITY OF ELGIN
I . SUBJECT
Consideration of Petition 17-95 Requesting an Amendment
to Ordinance G-1612 Which Granted a Special Use for a
Planned Unit Development; Property Located at 85-252
Highbury Drive; 1-44 Village Court; and 248, 250, 252-258,
260-262, 264-274, and 276-280 Waverly Drive; by the City
of Elgin.
II . CONSIDERATIONS
A petition has been filed by the City of Elgin requesting
an amendment to Ordinance G-1612 which granted a special
use for a planned unit development known as Parkwood
Village. The subject property is located at 85-252
Highbury Drive; 1-44 Village Court; and 248, 250, 252-258,
260-262, 264-274, and 276-280 Waverly Drive.
Parkwood Village has developed in substantial conformance
with the planned development plan which was approved in
1973 . Several residents have expressed interest in adding
such items as fences, sheds, building additions, etc. to
their properties, and are prevented from proceeding as
desired due to the lack of provision for such items in
Ordinance G-1612 . As such, the Planning Department has
drafted a new planned residence conservation district
ordinance which addresses such items as land use and site
design for the subject properties .
III . FINDINGS
After due notice, as required by law, the Planning and
Development Commission held a public hearing on Petition
17-95 on April 17, 1995 . The petitioner testified at the
public hearing. Concerned property owners testified at the
public hearing, but no written correspondence has been
submitted.
The Planning and Development Commission has made the
following findings with respect to Petition 17-95 :
A. Site Characteristics
EXHIBIT A
The subject property is developed with 135 single
eft family residences . No additional residences are
proposed for the planned development.
B. Sewer and Water
The subject property is served with municipal sewer
and water services . The proposed amendment to the
planned development would not impact the provision of
sewer and water service to the subject property.
C. Traffic and Parking
The subject property is developed with public
streets . Off street parking is provided in driveways
and garages . No additional streets nor off street
parking is contemplated as part of the proposed
amendment.
D. Zoning History
1928 Out
1950 Out
1960 Out
1961 Out
1962 Out
1992 R-4 General Residence District, with a
° Conditional Use for a Planned Development
Present PRC Planned Residence Conservation District
E. Zoning Status
The use of the subject property as single family
residences is considered to be lawful .
F. Surrounding Land Use and Zoning
The area located to the south of the subject property,
south of Bode Road, is zoned SFR1 Single Family
Residence District, and is developed with single
family residences .
The area located to the east of the subject property,
west of Waverly Drive, is zoned RC1 Residence
Conservation District, and is developed with single
family residences.
The majority of the remaining areas surrounding the
subject property are zoned PRC Planned Residence
Conservation District, with the exception of a
recreation area located in the center of the subject
a
Page 2
FOF/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET17 .95
property, which is zoned CF Community Facility
e"' District, and is developed with a clubhouse and open
space for the planned development. The recreation
area is excluded from this petition.
G. Trend of Development
The subject property is located in an area which has
developed with single family residences .
H. Comprehensive Plan
The subject property is designated urban residential
in the Comprehensive Plan.
IV. RECOMMENDATION
On a motion to recommend approval of Petition 17-95 ,
subject to the following condition:
Compliance with all applicable codes and ordinances .
the vote was six yes and zero no.
Therefore, the motion to recommend approval of Petition
17-95 was adopted.
Robert W. Siljest m, Chairma
Planning and Deve opment Commission
Mar Woolard Secrets
Planning and Development Commission
Page 3
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Exhibit 6