G13-04 . •
Ordinance No. G13-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR1 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision - 101 Russell Road)
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 PSFR1
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing 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 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 PSFR1 Planned Single
Family Residence District, the following described property:
PARCEL 1
PART OF THE SECTION 13, TOWNSHIP 41 NORTH, RANGE 7
EAST AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF MONTAGUE
FOREST UNIT NO. 7, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 5, 1977 AS DOCUMENT NO. 1400372; THENCE NORTH 69° 34' 53"
WEST ALONG THE NORTH LINE OF SAID UNIT 7, AND ITS
NORTHWESTERLY PROJECTION, 1357.28 FEET TO AN ANGLE POINT IN
THE NORTHERLY LINE OF LOT 58 OF MONTAGUE FOREST UNIT NO. 5,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 20, 1972 AS
DOCUMENT NO. 1233268; THENCE SOUTH 78° 59' 29" WEST ALONG
THE NORTHWESTERLY LINE OF SAID LOT, 52.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 21° 04' 05"
WEST, 72.39 FEET; THENCE NORTH 68° 55' 55" EAST, 556.48 FEET;
THENCE SOUTH 21° 04' 05" EAST, 41.85 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 250.00 FEET, AN ARC
LENGTH OF 211.68 FEET, A CHORD BEARING OF SOUTH 45° 19' 29"
EAST AND A CHORD DISTANCE OF 205.41 FEET; THENCE SOUTH 69°
34' 53" EAST PARALLEL WITH THE NORTH LINE OF SAID UNIT 7,
798.66 FEET TOA POINT OF CURVATURE; THENCE SOUTHEASTERLY
ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
250.00 FEET, AN ARC LENGTH OF 113.34 FEET, A CHORD BEARING OF
SOUTH 56° 35' 38" EAST AND A CHORD DISTANCE OF 112.37 FEET;
THENCE SOUTH 43° 36' 23" EAST, 30.30 FEET; THENCE SOUTH 46° 23'
37" WEST, 268.61 FEET TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS (CONTAINING 9.240 ACRES, MORE
OR LESS).
PARCEL 2
PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF LOT 50 OF MONTAGUE
FOREST UNIT NO. 4 ACCORDING TO THE PLAT THEREOF RECORDED
SEPTEMBER 24, 1971 AS DOCUMENT NO. 1204737; THENCE NORTH 10°
34' 39" EAST ALONG THE WEST LINE OF SAID LOT, 55.00 FEET TO AN
ANGLE POINT IN SAID WEST LINE FOR THE POINT OF BEGINNING;
THENCE NORTH 85° 44' 46" WEST, 1079.11 FEET TO THE CENTER LINE
OF RUSSELL ROAD (S.B.I. ROUTE 5-A); THENCE NORTH 47° 27' 08"
EAST, 1788.73 FEET; THENCE SOUTH 37 59' 47" EAST, 290.92 FEET;
THENCE SOUTH 47° 27' 08" WEST PARALLEL WITH SAID CENTERLINE,
421.96 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF
157.08 FEET, A CHORD BEARING OF SOUTH 02° 27' 08" WEST AND A
CHORD DISTANCE OF 141.42 FEET; THENCE SOUTH 42° 32' 52" EAST,
58.20 FEET; THENCE SOUTH 77° 15' 23" WEST, 371.58 FEET TO A POINT
OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 140.00 FEET, AN
ARC LENGTH OF 72.82 FEET, A CHORD BEARING OF SOUTH 62° 21' 15"
WEST AND A CHORD DISTANCE OF 72.01 FEET; THENCE SOUTH 47°
27' 08" WEST, 37.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG A
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 140.00 FEET, AN
ARC LENGTH OF 325.46 FEET, A CHORD BEARING OF SOUTH 19° 08'
49" EAST AND A CHORD DISTANCE OF 256.97 FEET; THENCE SOUTH
85° 44' 46" EAST, 115.55 FEET TO A POINT OF CURVATURE; THENCE
EASTERLY AND NORTHEASTERLY ALONG A CURVE CONCAVE
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l NORTHERLY HAVING A RADIUS OF 120.00 FEET, AN ARC LENGTH OF
108.75 FEET, A CHORD BEARING OF NORTH 68° 17' 30" EAST AND A
CHORD DISTANCE OF 105.07 FEET; THENCE NORTH 42° 19' 47" EAST,
396.21 FEET; THENCE SOUTH 89° 52' 12" EAST, 163.27 FEET TO A POINT
OF CURVATURE; THENCE EASTERLY AND NORTHEASTERLY ALONG
A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00
FEET, AN ARC LENGTH OF 93.57 FEET, A CHORD BEARING OF NORTH
63° 19' 30" EAST, AND A CHORD DISTANCE OF 90.19 FEET; THENCE
NORTH 36° 31' 12" EAST, 233.19 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 49.36 FEET, A
CHORD BEARING OF NORTH 22° 22' 43" EAST AND A CHORD
DISTANCE OF 48.86 FEET; THENCE NORTH 08° 14' 14" EAST, 79.26 FEET
TO A POINT ON A CURVE THROUGH WHICH A RADIAL LINE BEARS
SOUTH 08° 14' 14" WEST; THENCE EASTERLY ALONG A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 300.00 FEET, AN ARC
LENGTH OF 127.58 FEET, A CHORD BEARING OF NORTH 86° 03' 15"
EAST AND A CHORD DISTANCE OF 126.62 FEET; THENCE SOUTH 22°
00' 36" EAST, 30.14 FEET TO A POINT OF CURVATURE; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 283.00 FEET, AN ARC LENGTH OF 144.08 FEET, A
rik CHORD BEARING OF SOUTH 36° 35' 43" EAST AND A CHORD
DISTANCE OF 142.53 FEET; THENCE SOUTH 51° 10' 49" EAST, 21.09
FEET TO THE WEST LINE OF MONTAGUE FOREST UNIT NO. 5
ACCORDING TO THE PLAT THEREOF RECORDED JULY 20, 1972 AS
DOCUMENT NO. 1233268; THENCE SOUTH 36° 31' 12" WEST ALONG
SAID WEST LINE 373.13 FEET TO THE MOST NORTHERLY CORNER OF
SAID MONTAGUE FOREST UNIT NO. 4; THENCE SOUTH 42° 38' 22"
WEST ALONG THE NORTHERLY LINE OF SAID UNIT, 183.64 FEET;
THENCE NORTH 89° 52' 12" WEST ALONG SAID NORTHERLY LINE,
284.76 FEET; THENCE SOUTH 42° 19' 47" WEST ALONG SAID
NORTHERLY LINE, 406.60 FEET TO THE POINT OF BEGINNING, IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS (CONTAINING 19.779 ACRES
MORE OR LESS)."
Section 2. That the development of this PSFR1 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR1 zoning district is to
provide a semirural residential environment of the lowest standardized density for
single-family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR1 District is most similar to, but departs from the standard requirements of
the SFR1 Single Family Residential District.
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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 PSFR1 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 PSFR1 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 PSFR1 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 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 PSFR1 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 PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
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14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR1 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR1 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR1, 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"conditional use" [SR] in this PSFR1 zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Amateur radio antennas" [SR] (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNCL).
6. "Other radio and television antennas" [SR] (UNCL).
7. "Other satellite dish antennas" [SR] (UNCL).
8. "Pipelines, except natural gas" (461).
9. "Railroad tracks"(401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFR1 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR1 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR1 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
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0'* Elgin Zoning Ordinance. In this PSFR1 zoning district, the site design regulations
shall be as follows:
1. Zoning Lots - Generally. In this PSFR1 zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR1 zoning district, the minimum required "zoning
lot area" [SR] shall be as depicted on the Preliminary Plat, prepared by
Land Vision, Inc., and dated November 10, 2003, with a final revision
date of February 12, 2004.
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be as depicted on the Preliminary Plat, prepared by Land Vision, Inc., and
dated November 10, 2003, with a final revision date of February 12, 2004.
4. Setbacks - Generally. In this PSFR1 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR1 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Russell Road. Where a zoning lot has frontage on Russell Road,
the minimum required setback for a building from a street lot line
shall be one hundred (100) linear feet with the following
exceptions:
Lot 316 is permitted a 15 foot building setback for the existing
dwelling. This lot shall be developed in full conformance with the
setback regulations of this ordinance if the lot is redeveloped at
any point in the future.
Lots 320 and 321 shall be subject to a 50 foot building setback
from the Russell Road right of way line.
b. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be thirty-five (35) linear feet.
c. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be ten (10) linear feet. The combined
width of the side setbacks from the side lot lines shall not be less
than twenty(20) linear feet.
d. Interior Setback. The minimum required building setback from
an "interior lot line" [SR] shall be ten(10) linear feet.
e. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] other than the Russell Road right of way line
shall be fifty(50) linear feet.
6. Accessory Structures and Buildings. In this PSFR1 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR1 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
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by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
8. Residential Floor Area. In this PSFR1 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.40 (40%).
9. Building Coverage. In this PSFR1 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.35 (35%).
10. Accessory Building Coverage. In this PSFR1 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the "zoning lot area" [SR] times 0.10 (10%).
11. Vehicle Use Area. In this PSFR1 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand eight
hundred (1,800) square feet.
12. Landscaping. In this PSFR1 zoning district, each zoning lot shall be
developed in substantial conformance to the Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated November 13, 2003, with a
final revision date of February 16, 2004.
13. Supplementary Regulations. In this PSFR1 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the Preliminary Plat, prepared by Land
Vision, Inc., and dated November 10, 2003, with a final revision
date of February 12, 2004.
b. Substantial conformance to the Preliminary Grading and Drainage
Plans, encompassing the Preliminary Sanitary& Water Main Plan,
prepared by Jacob & Heffner Associates, Inc., and dated
February 13, 2003.
c. Substantial conformance to the Preliminary Landscape Plan,
prepared by Gary R. Weber Associates, Inc., and dated
November 13, 2002, with revision dates of June 3, 2003,
November 10, 2003, and February 12, 2004.
d. Substantial conformance to the Declaration of Covenants and
Restrictions, to be recorded for the subject property, prepared by
Richard M. Guerard.
H. Architectural Design. In this PSFR1 zoning district, the use and design of land
and structures shall be subject to conformance to the architectural standard
identified within the Declaration of Covenants and Restrictions, to be recorded for
the subject property, prepared by Richard M. Guerard. Additionally, all dwellings
shall conform with the garage design guidelines contained within the Far West
Area Development and Design Guidelines.
Off-Street Parking. In this PSFR1 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.
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J. Off-Street Loading. In this PSFR1 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.
K. Signs. In this PSFR1 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
L. Amendments. In this PSFR1 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 PSFR1
zoning district authorize such an application.
M. Planned Developments. In this PSFR1 zoning district, application for a planned
development 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 PSFR2 zoning
district and without necessitating that all other property owners in this PSFR1
zoning district authorize such an application.
r N. Conditional Uses. In this PSFR1 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 PSFR1 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
O. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR1
zoning district and without necessitating that all other property owners in this
PSFR1 zoning district authorize such an application.
P. 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.
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