G17-04 Ordinance No. G17-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Highland Woods Subdivision— 899 Coombs 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 to a 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 applications 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 PMFR Planned Multiple
Family Residence District, the following described property:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 00 DEGREES 29 MINUTES 18 SECONDS
WEST, 1633.99 FEET ALONG THE EAST LINE OF SAID QUARTER
SECTION TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES
30 MINUTES 42 SECONDS WEST, 55.00 FEET; THENCE NORTH 59
DEGREES 51 MINUTES 25 SECONDS WEST, 82.00 FEET; THENCE SOUTH
81 DEGREES 56 MINUTES 53 SECONDS WEST, 92.00 FEET; THENCE
SOUTH 05 DEGREES 59 MINUTES 27 SECONDS WEST, 115.00 FEET;
THENCE SOUTH 25 DEGREES 54 MINUTES 27 SECONDS EAST, 55.00
FEET; THENCE SOUTH 13 DEGREES 50 MINUTES 55 SECONDS WEST,
150.00 FEET; THENCE SOUTH 40 DEGREES 20 MINUTES 36 SECONDS
WEST, 125.00 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 42
SECONDS WEST, 559.31 FEET; THENCE NORTH 10 DEGREES 33
MINUTES 27 SECONDS WEST, 30.29 FEET; THENCE NORTHWESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 749.47 FEET ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 533.00
FEET, THE CHORD OF SAID CURVE BEARING NORTH 50 DEGREES 50
MINUTES 24 SECONDS WEST; THENCE SOUTH 88 DEGREES 52
MINUTES 38 SECONDS WEST, 48.97 FEET; THENCE WESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 456.96 FEET ALONG A
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 683.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 69 DEGREES 42
MINUTES 37 SECONDS WEST; THENCE NORTH 76 DEGREES 42
MINUTES 05 SECONDS WEST, 527.91 FEET; THENCE SOUTH 75
DEGREES 05 MINUTES 19 SECONDS WEST, 245.29 FEET TO THE WEST
LINE OF SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 05
MINUTES 25 SECONDS EAST, 797.33 FEET ALONG SAID WEST LINE TO
THE SOUTH LINE OF RAILROAD RIGHT OF WAY; THENCE SOUTH 76
DEGREES 42 MINUTES 05 SECONDS EAST, 2711.58 FEET ALONG SAID
SOUTH LINE TO THE EAST LINE OF SAID QUARTER SECTION; THENCE
SOUTH 00 DEGREES 29 MINUTES 18 SECONDS EAST, 158.76 FEET
ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residential District which shall be designed, developed, and operated subject to
the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment of the lowest standardized
density for multiple family detached dwellings, subject to the provisions of
Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as
amended. The PMFR District is most similar to, but departs from the standard
requirements of, the MFR Multiple Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SRI", 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, and the terms,
conditions and provisions of that certain Annexation Agreement dated as of
February 25, 2004 between the City of Elgin and Pingree Grove, L.L.C., as
amended (the "Annexation Agreement"). In the event of any conflicts or
inconsistencies between the provisions of the Annexation Agreement and the
provisions of this Ordinance, the provisions of the Annexation Agreement shall be
controlling.
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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, and the
provisions of the Annexation Agreement.
E. Location and Size of District. This PMFR zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PMFR 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 PMFR 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 PMFR District:
Residence Division.
1. "Attached dwellings" [SR] (townhomes) (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).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance, Insurance, and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
10. "Family residential care facility" [SR] (8361).
11. "Home child day care services" [SR] (8351).
12. "Residential Care Facility" [SR].
Construction Division
13. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
"" 20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
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22. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
23. "Temporary uses" [SR] (UNCL).
24. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
25. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR 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 PMFR 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. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively"accessory" [SR].
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.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PMFR Planned Multiple 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
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR 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. Community Thematics, no date.
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b. Representative Home Styles, no date.
c. Annexation Plat,prepared by Cemcon, Ltd, and dated January 22, 2004.
d. Existing Site Conditions, prepared by Cemcon Ltd., and dated January 26,
2004.
e. Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and
dated November 30, 2004.
f. Parcel G Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
g. Parcel I Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003, including, but not limited to, the following
specifications contained therein:
(i) All units shall have rear loaded, two car garages and two
tandem surface parking spaces for a total of four (4)
parking spaces per unit.
(ii) Public right-of-way shall be fifty (50) feet wide with a
twenty-eight(28) foot road section.
(iii) Garage to garage setbacks shall be sixty(60) feet. Building
side to building side setback shall be thirty(30) feet.
(iv) Front setbacks for townhome buildings shall be twenty (20)
feet from the public right-of-way.
(v) Front of building to front of building setback shall be fifty
(50) feet.
h. Conceptual Site Plan for Foy Property, prepared by Cemcon, Ltd., and
dated February 16, 2004.
i. Preliminary Subdivision Plat of Highland Woods, prepared by Cemcon,
Ltd., and dated February 5, 2004.
j. Preliminary Plat of Foy Property, prepared by Cemcon, Ltd., and dated
February 5, 2004.
k. Declaration of Covenants and Restrictions for Highland Woods
Homeowners Association, to be recorded for the subject property, no date.
1. Single Family Detached Design Guidelines for Highland Woods, prepared
by Crown Community Development, and dated February 6, 2004.
m. A minimum building setback of eighty (80) feet is required from the right-
of-way along arterial street systems. The side yard building setback shall
be twenty(20) feet along collector roads.
n. The attached dwelling unit buildings may be orientated so that the long
axis of the building is perpendicular to the street so long as rear entry
courtyard garages are utilized.
o. A maximum of twenty-nine (29%) percent of the dwelling units within the
subject development (calculated including both this PMFR zoning district
and the PSFR2 zoning district in the development) may be single family
attached dwelling units.
p. Single family attached dwelling units shall contain an average of 1,400
square feet of living space and a minimum of 1,200 square feet of living
space.
In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the
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foregoing listed site design conditions, the owner shall be required to submit a
development plan to the city for review by the Planning and Development
Commission and approval by the City Council.
H. Off-street Parking. In this PMFR 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 PMFR 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 PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. Until the
developer has sold all homes within the subject development, the developer shall
be allowed to maintain a uniformly designed system of onsite directional and
informational signs located on parkways within public rights-of-way, within the
development, to provide directions and information on model homes and
neighborhood amenities. One billboard type sign no more than twelve (12) feet in
height and containing no more than one hundred twenty-eight (128) square feet
per side shall be allowed along each of the Highland Avenue, Coombs Road and
Route 20 frontages of the development, located outside of any public right-of-
way. Design and placement of the signs shall be subject to the review and
approval of the city's development administrator.
K. Amendments. In this PMFR 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 PMFR
zoning district authorize such an application.
L. Planned Developments. In this PMFR 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 PMFR zoning
district and without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
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. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PMFR zoning district and without necessitating that all other property
owners in this PMFR zoning district authorize such an application.
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N. 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
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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 PMFR
zoning district and without necessitating that all other property owners in this
PMFR 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 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.
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 immediately after its passage
in the manner provided by law.
Ed Schoc , Mayor
Presented: February 25, 2004
Passed: February 25, 2004
Vote: Yeas: 5 Nays: 1
Recorded: February 26, 2004
Published:
Attest:
ideht/v J tt
Dolonna Mecum, City Clerk
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