G73-04 Ordinance No.G73-04
rok AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Shadow Hill Subdivision—3625 and 3650 Water 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 PMFR
Planned Multiple 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 PMFR Planned Multiple Family
Residence District, the following described property:
That part of section 19, township 41 north, range 8 east of the third principal
meridian and part of section 24, township 41 north, range 7 east of the third
principal meridian, described as follows: commencing at the southwest corner of
the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28
seconds west, 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east,
3035.85 feet; thence north 64 degrees 53 minutes 18 seconds east, 238.58 feet;
thence north 66 degrees 17 minutes 37 seconds east, 96.68 feet; thence north 73
degrees 24 minutes 10 seconds east, 97.02 feet; thence north 81 degrees 08
minutes 04 seconds east, 97.14 feet; thence north 87 degrees 30 minutes 09
seconds east, 62.82 feet; thence south 89 degrees 59 minutes 50 seconds east,
99.50 feet to the point of beginning; thence north 00 degrees 00 minutes 10
seconds east, 80.00 feet; thence south 89 degrees 59 minutes 50 seconds east,
907.11 feet; thence south 35 degrees 28 minutes 07 seconds west, 920.11 feet;
thence south 73 degrees 37 minutes 41 seconds east, 63.15 feet; thence south 03
degrees 16 minutes 06 seconds west, 507.13 feet; thence north 89 degrees 59
minutes 50 seconds west, 267.96 feet; thence south 15 degrees 48 minutes 29
seconds west, 140.49 feet; thence north 74 degrees 11 minutes 31 seconds west,
84.68 feet; thence north 49 degrees 28 minutes 36 seconds west, 108.32 feet;
thence north 40 degrees 31 minutes 24 seconds east, 7.92 feet; thence northerly,
tangent to the last described course, 176.80 feet along a curve concave to the
west, having a radius of 250.00 feet, the chord of said curve bearing north 20
degrees 15 minutes 47 seconds east; thence north 00 degrees 00 minutes 10
seconds east, 364.28 feet; thence south 89 degrees 59 minutes 50 seconds east,
100.00 feet; thence northerly, tangent to the last described course, 319.67 feet
along a curve concave to the west, having a radius of 101.75 feet, the chord of
said curve bearing north 00 degrees 00 minutes 10 seconds east; thence north 89
degrees 59 minutes 50 seconds west, 100.00 feet; thence north 00 degrees 00
minutes 10 seconds east, 499.00 feet; to the point of beginning, in Kane County,
Illinois."
Section 2. That the development of this PMFR Planned Multiple 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 PMFR zoning district is to
provide a planned urban residential environment of standardized density for
multiple family 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.
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. 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.
r
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 "and uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PSFR2 District:
Residence Division.
1. "Attached 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).
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
PSFR2 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
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
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).
rulk 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 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
r 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. In this PMFR district, the use and development of land
and structures shall be further subject to the following conditions:
1. Substantial conformance to the Shadow Hill Development Binder,
prepared by Ryland Homes for the City of Elgin, dated June 14, 2004.
2. Substantial conformance to the Preliminary Plat, prepared by Cemcon,
Ltd., last revised June 21, 2004.
3. Substantial conformance to the Preliminary Engineering Plan, prepared by
Cemcon, Ltd., last revised June 21, 2004.
4. Substantial conformance to the Illustrative Master Plan, Preliminary
Landscape Plan, Signage Plan, and Typical Townhome Landscape Plan,
prepared by Signature Design Group, dated February 25, 2004.
5. Substantial conformance to the 4, 5, and 6 Unit Control Elevations and
Control Plans, submitted by Ryland Homes, dated May 25, 2004.
6. All building materials shall meet the design requirements of the Far West
Area Plan.
7. Compliance with all applicable codes and ordinances.
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, and shall
also be subject to paragraph G., Site Design, of this ordinance. The maximum
surface area of a"Development Sign" [SR] shall be 84 square feet.
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, 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 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, the use and development of the
land and structures 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.
N. Variations In this PMFR zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.70, Variations of the
Elgin Municipal Code, 1976, as 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.
O. 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
fir•• development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
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.
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 Schock, Mayor
Presented: August 11, 2004
Passed: August 11, 2004
Vote: Yeas: 5 Nays: 1
Recorded: August 12, 2004
Published:
Attest:
44Z,,M19 .14 _____--
Dolonna Mecum, City Clerk