G112-04 Ordinance No. G112-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
Open Space and Park Sites A through P
(HPI—L.L.C, East Assemblage—3750 and 3751 West Highland Avenue)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Planned
Community Facility 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
'` 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 are hereby altered by including in the PCF
Planned Community Facility District, the following described property:
The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property (parcel numbers as referenced
are as indicated on the Preliminary Subdivision Plat):
Those areas on the attached zoning map, prepared by JEN Land Design,
Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in
the PCF Planned Community Facility District, and designated as Open Space
Parcels A through P on the Preliminary PUD Plan, prepared by JEN Land Inc.,
dated June 15, 2004, with a final revision date of August 20, 2004 (page 1).
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
[ the community on a for profit or an a not for profit basis.
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 PCF 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, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF 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 PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF 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 PCF 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 PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PCF Community Facility District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration(J).
4. Justice, public order, and safety(92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
6. Elementary and secondary schools (821).
7. Clubhouse, located on the parcel identified as "club" on the Preliminary
PUD Plan sheet 1, prepared by JEN Land Inc., dated June 15, 2004, with a
final revision date of August 20, 2004, consisting of a community center
to be owned by the property homeowners association for the subject
residential development, operated and used exclusively accessory to the
residential development, operated exclusively on the parcel designated on
the Concept Plan for HPI. Such use may include indoor and outdoor
sports fitness, social, health and recreational activities for homeowner
association members and their guests, pool and aquatic center, volleyball,
basketball courts, tennis courts and sports fields, both lighted and
unlighted, private parties and social functions for homeowners association
members and their guests sponsored by the homeowners association or its
members, child care for homeowner association members partaking in
fitness and social programs, homeowner association meetings, property
management office for homeowners association, community welcome
center/information center, snack bar/concession stand and children's day
camp activities sponsored or contracted by the homeowners association.
8. Museums, art galleries and botanical and zoological gardens (841).
9. Public Libraries (823).
Construction Division.
10. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
11. "Commercial antennas and antenna structures mounted on existing
structures" [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. "Fences and walls" [SR] (UNCL).
16. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
17. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
18. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
19. "Refuse collection area" [SR].
20. "Storage Tanks" [SR] (UNCL).
21. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
22. "Temporary uses" [SR] (UNCL).
23. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
24. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
r- Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Child day care services (835).
3. "Institutional child day care services" [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified (839).
6. Sporting and recreational camps (7032).
Mining Division.
7. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
8. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
9. "Conditional Commercial Antenna Tower" [SR] (UNCL).
10. Electric power generation (UNCL).
11. Local and suburban passenger transportation operators (411).
12. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
13. "Other radio and television antennas" [SR] (UNCL).
14. "Other satellite dish antennas" [SR] (UNCL).
15. Pipelines, except natural gas (461).
16. Refuse systems (4953).
17. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
18. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
19. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
20. "Parking structures" [SR] (UNCL).
21. "Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
22. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
23. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF 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 PMFR district,
the use and development of land and structures shall be subject to the following
conditions:
a. Substantial conformance to the Concept Plan for HPI - Elgin, East
Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004
(identified as sheet 1 of 7), and revised on August 20, 2004.
b. Substantial conformance to the Preliminary PUD Plan for HPI - Elgin,
East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd.,
dated June 15, 2004, sheets 2 through 5 final revision date of
September 10, 2004, and sheets 6 and 7 final revision date of December 1,
2004.
c. Substantial conformance to the Preliminary Engineering Improvement
Plans for HPI Elgin Assemblage- East, prepared by Cowhey Gudmonson
Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11,
2004, and last revised on December 3, 2004, with modifications thereto in
conformance with Exhibit G of the annexation agreement and the
December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd,
regarding Preliminary Submittal Commentary.
d. Substantial conformance to the Landscape Guidelines for the East
Assemblage, the Entry Landscape Concept -Plan View, prepared by JEN
Land Design, Inc., dated June 15, 2004, and revised on September 10,
2004.
e. Substantial conformance to the Typical Buffer Section Residential
Collector Road - East Assemblage, prepared by JEN Land Design, Inc.,
dated June 15, 2004, and revised on September 10, 2004.
f. Substantial conformance to the Typical Buffer Section- East Assemblage
(detailing a Kane County Historic Farm), prepared by JEN Land Design,
Inc., dated June 15, 2004 and revised on September 10, 2004.
g. Substantial conformance to the Neighborhoods 1, 3, &4/Timber Ridge &
Wildwood West Landscape Buffer Section - East Assemblage, dated
June 15, 2004, and revised on September 10, 2004.
h. Substantial conformance to the Draft Declaration of Covenants,
Conditions, and Restrictions for Homeowners Association, prepared by
HPI- Elgin, L.L.C., and dated June 11, 2004, and revised on December 3,
2004.
H. Off-street Parking. In this PCF 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.
Off-street Loading. In this PCF 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 PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF 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 PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF 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. 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 PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF 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 PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
0. 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.
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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 3. That this ordinance shall be full force and effect after its passage in the
manner provided by law.
d Schock, Mayor
Presented: December 15, 2004
Passed: December 15, 2004
Vote: Yeas: 5 Nays: 1
Recorded: December 16, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
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