G38-02 eibk Ordinance No. G38-02
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(1398 Summit - Summit Ridge)
WHEREAS, the territory herein described has been annexed to the
City of Elgin; and
WHEREAS, written application has been made to classify said
territory in the PMFR Planned Multiple Family Residence District;
and
WHEREAS, after due notice in the manner provided by law the
Planning and Development Commission conducted public hearings
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
rft 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 herein before laid out in the "Zoning
District Map" , as amended, be and are hereby altered by
including in the PMFR Planned Multiple Family Residence
District, the following described property:
LEGAL DESCRIPTION PLANNED MULTIPLE FAMILY RESIDENCE
DISTRICT: LOTS 29 AND 30 IN BERNER ESTATES, BEING A
SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8 , TOWNSHIP
41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 29; THENCE
NORTH 89 DEGREES 09 MINUTES 45 SECONDS EAST ALONG THE SOUTH
LINE OF SAID LOT 29 FOR A DISTANCE OF 155 . 82 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREES 11 MINUTES 45
SECONDS EAST FOR A DISTANCE OF 37 . 64 FEET; THENCE SOUTH 89
DEGREES 31 MINUTES 48 SECONDS EAST FOR A DISTANCE OF
rik 105 . 00 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 45 SECONDS
EAST FOR A DISTANCE OF 206 . 00 FEET; THENCE NORTH 89 DEGREES
31 MINUTES 48 SECONDS WEST FOR A DISTANCE OF 105 . 00 FEET;
THENCE NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST FOR A
DISTANCE OF 15 . 70 FEET TO A POINT OF CURVE; THENCE AROUND
A CURVE TO THE RIGHT WITH A RADIUS OF 97 . 00 FEET THROUGH A
CENTRAL ANGLE OF 61 DEGREES 06 MINUTES 46 SECONDS FOR AN
ARC DISTANCE OF 92 . 80 FEET AND HAVING A CHORD BEARING OF
NORTH 30 DEGREES 45 MINUTES 07 SECONDS EAST FOR A DISTANCE
OF 88 .46 FEET; THENCE SOUTH 17 DEGREES 28 MINUTES 46
SECONDS EAST FOR A DISTANCE OF 84 . 49 FEET; THENCE NORTH 87
DEGREES 42 MINUTES 49 SECONDS EAST FOR A DISTANCE OF 37 .30
FEET; THENCE NORTH 72 DEGREES 31 MINUTES 14 SECONDS EAST
FOR A DISTANCE OF 140 . 00 FEET; THENCE NORTH 17 DEGREES 28
MINUTES 46 SECONDS WEST FOR A DISTANCE OF 95 . 93 FEET;
THENCE NORTH 72 DEGREES 31 MINUTES 14 SECONDS EAST FOR A
DISTANCE OF 55 . 55 FEET TO A POINT Of CURVE; THENCE AROUND
A CURVE TO THE RIGHT WITH A RADIUS OF 97 . 00 FEET THROUGH A
CENTRAL ANGLE OF 68 DEGREES 40 MINUTES 23 SECONDS FOR AND
ARC DISTANCE OF 104 .28 FEET AND HAVING A CHORD BEARING OF
SOUTH 73 DEGREES 08 MINUTES 35 SECONDS EAST FOR A DISTANCE
OF 98 . 15 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 32
SECONDS WEST FOR A DISTANCE OF 99 .44 FEET; THENCE SOUTH 00
DEGREES 01 MINUTES 27 SECONDS WEST FOR A DISTANCE OF 165 . 00
FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 32 SECONDS EAST
e FOR A DISTANCE OF 110 . 12 FEET; THENCE SOUTH 04 DEGREES 35
MINUTES 23 SECONDS WEST FOR A DISTANCE OF 2 . 08 FEET;
THENCE SOUTH 86 DEGREES 23 MINUTES 31 SECONDS WEST FOR A
DISTANCE OF 110 .42 FEET; THENCE SOUTH 03 DEGREES 21 MINUTES
14 SECONDS EAST FOR A DISTANCE OF 165 . 00 FEET; THENCE
NORTH 86 DEGREES 23 MINUTES 31 SECONDS EAST FOR A DISTANCE
OF 107 . 85 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE
TO THE RIGHT HAVING A RADIUS OF 387 . 00 FEET THROUGH A
CENTRAL ANGLE OF 02 DEGREES 30 MINUTES 23 SECONDS FOR AN
ARC DISTANCE OF 16 . 93 FEET AND HAVING A CHORD BEARING OF
SOUTH 01 DEGREES 35 MINUTES 37 SECONDS EAST FOR A DISTANCE
OF 16 . 93 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 47
SECONDS WEST FOR A DISTANCE OF 23 . 64 FEET TO A POINT ON THE
SOUTH LINE OF SAID LOT 30; THENCE SOUTH 89 DEGREES 09
MINUTES 45 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS
29 AND 30 FOR A DISTANCE OF 378 . 17 FEET; TO THE POINT OF
BEGINNING, AND ALSO EXCEPT THE FOLLOWING PARCEL: ALL THAT
PART OF LOTS 29 AND 30 IN BERNER ESTATES, BEING A
SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8, TOWNSHIP
41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF
LOT 29 THENCE;NORTH 00 DEGREES 11 MINUTES 45 SECONDS EAST
ALONG THE WEST LINE OF SAID LOT 39 FOR A DISTANCE OF 839 . 87
FEET TO THE NORTHWEST CORNER OF SAID LOT 29; THENCE NORTH
89 DEGREES 09 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE
OF SAID LOT 29 AND 30 FOR A DISTANCE OF 577 . 39 FEET TO THE
NORTHEAST CORNER OF SAID LOT 30; THENCE SOUTH 00 DEGREES 11
MINUTES 45 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 30
FOR A DISTANCE OF 522 . 96 FEET TO A POINT ON A CURVE; THENCE
AROUND A CURVE TO THE LEFT WITH A RADIUS OF 130 . 00 FEET
THROUGH A CENTRAL ANGLE OF 42 DEGREES 40 MINUTES 28 SECONDS
AN ARC DISTANCE OF 96 . 83 FEET FOR A CHHORD BEARING OF NORTH
21 DEGREES 08 MINUTES 29 SECONDS WEST A DISTANCE OF 94 . 60
FEET; THENCE NORTH 17 DEGREES 14 MINUTES 47 SECONDS EAST
FOR A DISTANCE OF 86 . 69 FEET; THENCE NORTH 00 DEGREES 01
MINUTES 45 SECONDS WEST FOR A DISTANCE OF 20 . 94 FEET;
THENCE NORTH 72 DEGREES 45 MINUTES 12 SECONDS WEST FOR A
DISTANCE OF 117 . 78 FEET; THENCE SOUTH 17 DEGREES 14 MINUTES
47 SECONDS WEST FOR A DISTANCE OF 64 . 69 FEET; THENCE SOUTH
01 DEGREES 25 MINUTES 02 SECONDS EAST FOR A DISTANCE OF
35 . 00 FEET TO A POINT ON A CURVE; THENCE AROUND A CURVE TO
THE LEFT WITH A RADIUS OF 130 . 00 FEET THROUGH A CENTRAL
ANGLE OF 02 DEGREES 47 MINUTES 04 SECONDS FOR AN ARC
DISTANCE OF 6 . 32 FEET AND HAVING A CHORD BEARING OF SOUTH
84 DEGREES 32 MINUTES 14 SECONDS WEST FOR A DISTANCE OF
6 .32 FEET; THENCE NORTH 07 DEGREES 27 MINUTES 47 SECONDS
WEST FOR A DISTANCE OF 31 . 51 FEET; THENCE NORTH 17 DEGREES
28 MINUTES 46 SECONDS WEST FOR A DISTANCE OF 61 . 20 FEET;
THENCE SOUTH 72 DEGREES 31 MINUTES 14 SECONDS WEST FOR A
eimiK DISTANCE OF 176 . 00 FEET; THENCE SOUTH 17 DEGREES 28 MINUTES
46 SECONDS EAST FOR A DISTANCE OF 90 . 00 FEET; THENCE SOUTH
72 DEGREES 31 MINUTES 14 SECONDS WEST FOR A DISTANCE OF
9 . 83 FEET; THENCE NORTH 19 DEGREES 28 MINUTES 33 SECONDS
WEST FOR A DISTANCE OF 90 . 05 FEET; THENCE SOUTH 72 DEGREES
31 MINUTES 14 SECONDS WEST FOR A DISTANCE OF 124 . 08 FEET;
THENCE SOUTH 19 DEGREES 28 MINUTES 33 SECONDS EAST FOR A
DISTANCE OF 61 . 53 FEET; THENCE SOUTH 42 DEGREES 50 MINUTES
10 SECONDS EAST FOR A DISTANCE OF 42 . 07 FEET TO A POINT ON
A CURVE; THENCE AROUND A CURVE TO THE LEFT HAVING A RADIUS
OF 130 . 00 FEET THROUGH A CENTRAL ANGLE OF 02 DEGREES 52
MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 6 . 54 FEET AND
HAVING A CHORD BEARING OF SOUTH 49 DEGREES 01 MINUTES 54
SECONDS WEST FOR A DISTANCE OF 6 . 54 FEET; THENCE NORTH 52
DEGREES 33 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 65 .46
FEET; THENCE NORTH 89 DEGREES 48 MINUTES 15 SECONDS WEST
FOR A DISTANCE OF 89 . 89 FEET; THENCE SOUTH 00 DEGREES 11
MINUTES 45 SECONDS WEST FOR A DISTANCE OF 360 . 18 FEET;
THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST FOR A
DISTANCE OF 100 . 00 FEET; THENCE SOUTH OODEGREES 11 MINUTES
45 SECONDS WEST FOR A DISTANCE OF 35 . 72 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 29; THENCE SOUTH 89 DEGREES 09
MINUTES 45 SECONDS WEST ALONG THE LAST DESCRIBED LINE FOR
A DISTANCE OF 112 . 82 FEET TO THE POINT OF BEGINNING ALL IN
COOK COUNTY, ILLINOIS, AND CONTAINING 4 . 6194 ACRES MORE OR
LESS .
Section 2 . That the City Council of the City of Elgin hereby
classifies the subject property in the PMFR Planned Multiple Family
District which shall be designed, developed and operated in
accordance with the following provisions :
A. Purpose and Intent . The purpose and intent of this PMFR
zoning district is to provide a planned environment for
a townhome community, subject to the provisions of Chapter
19 . 60 Planned Developments of the Elgin Municipal Code,
1976, as amended.
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.
The exclusion of such symbol shall not exempt such word
or phrase from the applicable supplementary regulation.
C. General Provisions . In this PMFR 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 PMFR 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. Land Use. In this PMFR zoning 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" [SR] shall be the only land uses
allowed as a "permitted use" [SR] in this PMFR zoning
district :
Residence Division.
1 . "Multiple family dwellings" [SR] (UNCL) .
2 . "Residential garage sales" [SR] (UNCL) .
4 . "Residential outdoor storage of firewood" [SR] (UNCL) .
"Residential parking areas" [SR] (UNCL) .
6 . "Residential storage" [SR] (UNCL) .
"Residential storage of trucks or buses" [SR] (UNCL) .
Finance, Insurance, and Real Estate Division.
8 . "Development sales office" [SR] (UNCL) .
Services Division.
9 . "Family residential care facility" [SR] (8361) .
10 . "Home child day care services" [SR] (8351) .
Construction Division.
11 . "Contractors office and equipment areas" [SR] (UNCL) .
Transportation, Communication, and Utilities Division.
12 . "Amateur radio antennas" [SR] (UNCL) .
13 . "Radio and television antennas" [SR] (UNCL) .
14 . "Satellite dish antennas" [SR] (UNCL) .
15 . "Treatment, transmission, and distribution
facilities : poles, wires, cables, conduits, laterals,
vaults, pipes, mains, and valves" [SR] (UNCL) .
Miscellaneous Uses Division.
16 . "Fences and walls" [SR] (UNCL) .
17 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 50, Signs .
18 . "Temporary uses" [SR] (UNCL) .
19 . "Accessory uses" [SR] (UNCL) , to the permitted uses
allowed in this PMFR zoning district, subject to the
provisions of Section 19 . 10 . 100, Component Land Uses .
In this PMFR zoning district, the use and development of
land and structure 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 PMFR zoning district :
Services Division.
1 . "Residential care facility" [SR] (8361) .
Miscellaneous Uses Division.
2 . "Accessory uses" [SR] (UNCL) , to the conditional uses
allowed in this PMFR zoning district, subject to the
provisions of Section 19 . 10 . 100, Component Land Uses .
G. Site Design. In this PMFR zoning district, except as
otherwise provided for herein, the use and development of
land and structures shall subject to the provisions of
w Section 19 . 12 , Site Design, of the Elgin Municipal Code,
(' as amended. In this PMFR zoning district, the use and
re*. development of land and structures shall be subject to
Section I . , Supplementary Conditions, of this ordinance,
and shall be in substantial conformance with the Site
Plan, prepared by Integrated Planning Services, and dated
August 3 , 2001 and revised January 28 , 2002 , and the
preliminary plat of subdivision prepared by U. S . Shelter
Group, Inc . , dated October 19, 2001 .
H. Off-street Parking. In this PMFR zoning district, the
location and design of driveways shall be in substantial
conformance with the Site Plan, prepared by Integrated
Planning Services, and dated August 3 , 2001 and revised
January 28, 2002 .
I . Supplementary Conditions . The following supplementary
conditions shall also apply to the use and development of
land and structures within this PMFR zoning district :
1 . Substantial conformance to the Statement of Purpose
and Conformance, submitted by Jack Sorenson, dated
July 5, 2001 .
2 . Substantial Conformance to the letter from Jack
Sorenson to Todd Wyatt, dated December 20, 2001 .
rm. 3 . Substantial conformance to the Development Plan
Design Sheet, prepared by Integrated Planning
Services, dated August 5, 2001 and revised
January 28, 2002 .
4 . Substantial conformance to the Preliminary
Engineering Plan, prepared by Spies and Associates,
Inc . , dated August 5, 2001 and revised March 1,
2002 . Revisions shall be made thereto, if found
necessary or not in code compliance, per the
Department of Code Administration and Development
Services .
5 . Provision of easements for a traffic signal and
public sidewalks, and payment of funds to the City
of Elgin in an amount sufficient to construct a
public sidewalk across the full frontage of the
property. The sidewalk easement shall be 10 feet
deep and shall extend across the full frontage of
the property, and the traffic signal easement shall
be as shown on the attached "traffic signal easement
exhibit" .
eft.
6 . Substantial conformance to the proposed Overall
Landscaping Plan and Typical Foundation Plan,
prepared by Integrated Planning Services, dated
August 3 , 2001 and revised February 26, 2002 .
7 . Substantial conformance to the proposed interior
streetscape elevation and the proposed rear
elevation prepared by Bloom and Fiorno Architects
Inc. , dated February 28 and March 1, 2002 .
8 . Substantial conformance to the proposed sign
elevation, undated.
9 . Compliance with all other applicable codes and
ordinances .
10 . Construction and permits are subject to the review
and approval of final engineering plans and
specifications, and other construction related
drawings required pursuant to applicable codes and
ordinances .
J. Off-street Loading. In this PMFR zoning district, off-
street loading shall be subject to the provisions of Chapter 19 .47,
rft Off-street Loading, of the Elgin Municipal Code, 1976, as amended.
K. Signs. In this PMFR zoning district, signs shall be
subject to the provisions of Chapter 19 . 50, Signs, of the Elgin
Municipal Code, 1976, as amended.
L. Planned Developments . In this PMFR zoning district, the
use and development of the land and structures shall be subject to
the provisions of Chapter 19 . 60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended.
M. Conditional Uses . In this PMFR 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. An application for conditional use may be filed
by an individual property owner without necessitating that all other
property owners in the development authorize such application.
N. Variations. In this PMFR zoning district, application for
variation shall be subject to the provisions of Chapter 19 . 70,
Variations, of the Elgin Municipal Code, 1976, as amended. An
application for variation may be filed by an individual property
owner without necessitating that all other property owners in the
development authorize such application.
0. 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.
P. Subdivisions-Generally. 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
soil suitability and bearing capacity test shall be performed as
required by the city engineer and the development administrator.
Q. 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 sewers shall be overhead sewers .
2 . All structures containing sump pits and pumps shall
have separate lines connecting the sump pit to the storm sewer
as required by the city engineer and development administrator.
r Section 3 . That this ordinance shall be full force and effect
immediately after its passage in the manner provided by law.
E. Schock, Mayor
Presented: June 12 , 2002
Passed: June 12 , 2002
Omnibus Vote : Yeas : 5 Nays : 0
Recorded: June 13 , 2002
Published:
Attest :
d16-
Dolonna Mecum, City Clerk
t