G34-05 Ordinance No. G34-05
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Tuscan Woods—2105 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:"
THAT PART OF THE NORTH HALF OF SECTION 16, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE
CENTERLINE OF HIGHLAND AVENUE WITH THE EAST LINE OF SAID
SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION,
A DISTANCE OF 844.09 FEET; THENCE WEST PARALLEL WITH THE
SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 1684.53 FEET BEING ALSO A POINT ON THE NORTH
LINE OF COUNTRY KNOLLS UNIT 12 SUBDIVISION RECORDED AS
DOCUMENT NUMBER 1074714 IN KANE COUNTY, ILLINOIS; THENCE
SOUTH 89°01'12" WEST ALONG THE NORTH LINE OF SAID COUNTRY
KNOLLS UNIT 12 AND THE NORTH LINE OF COUNTRY KNOLLS UNIT
13 SUBDIVISION RECORDED AS DOCUMENT NUMBER 10889805 IN
KANE COUNTY, ILLINOIS, A DISTANCE OF 960.45 FEET TO A POINT ON
r THE EAST LINE OF COUNTRY KNOLLS UNIT 14 SUBDIVISION
RECORDED AS DOCUMENT NUMBER 1101736 IN KANE COUNTY,
ILLINOIS; THENCE NORTH 00°01'30" EAST ALONG THE EAST LINE OF
SAID COUNTRY KNOLLS UNIT 14, A DISTANCE OF 312.13 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 71°32'46" EAST, A DISTANCE
OF 148.43 FEET; THENCE NORTH 89°01'12" EAST, A DISTANCE OF 73.45
FEET; THENCE NORTH 11°20'04" EAST, A DISTANCE OF 56.38 FEET;
THENCE NORTH 19°57'26" EAST, A DISTANCE OF 56.38 FEET; THENCE
NORTH 28°26'08" EAST, A DISTANCE OF 54.50 FEET; THENCE NORTH
36°46'10" EAST, A DISTANCE OF 54.50 FEET; THENCE SOUTH 49°03'48"
EAST, A DISTANCE OF 130.00 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY
AND HAVING A RADIUS OF 245.00 FEET AND A CHORD BEARING OF
NORTH 75°19'15" EAST, AN ARC LENGTH OF 294.06 FEET TO A POINT
OF TANGENCY; THENCE SOUTH 70°17'42" EAST, A DISTANCE OF 91.37
FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 270.00 FEET,
AN ARC LENGTH OF 92.70 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 89°58'01" EAST, A DISTANCE OF 104.36 FEET TO A POINT ON A
NON-TANGENT CURVE; THENCE NORTHERLY ALONG A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 220.00 FEET, A
CHORD BEARING OF NORTH 27°02'30" WEST, AN ARC LENGTH OF
69.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 36°02'08"
WEST, A DISTANCE OF 230.37 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 580.00 FEET, AN ARC LENGTH OF 194.03 FEET;
THENCE SOUTH 75°32'32" WEST, A DISTANCE OF 57.66 FEET; THENCE
SOUTH 14°27'28" EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH
75°32'32" WEST, A DISTANCE OF 84.00 FEET; THENCE SOUTH 76°22'37"
WEST, A DISTANCE OF 50.12 FEET; THENCE SOUTH 83°11'21" WEST, A
DISTANCE OF 50.19 FEET; THENCE NORTH 88°24'24" WEST, A
DISTANCE OF 55.33 FEET; THENCE NORTH 79°35'30" WEST, A
DISTANCE OF 55.33 FEET; THENCE NORTH 71°02'28" WEST, A
DISTANCE OF 52.02 FEET; THENCE NORTH 64°19'13" WEST, A
DISTANCE OF 51.94 FEET; THENCE NORTH 63°42'12" WEST, A
DISTANCE OF 504.00 FEET; THENCE NORTH 26°17'48" EAST, A
DISTANCE OF 130.00 FEET; THENCE NORTH 63°42'12" WEST, A
DISTANCE OF 100.62 FEET; THENCE SOUTH 26°17'48" WEST, A
DISTANCE OF 130.00 FEET; THENCE NORTH 63°42'12" WEST, A
DISTANCE OF 145.86 FEET; THENCE NORTH 62°07'52" WEST, A
DISTANCE OF 19.73 FEET; THENCE NORTH 62°29'40" WEST, A
DISTANCE OF 69.92 FEET; THENCE NORTH 58°40'32" WEST, A
DISTANCE OF 86.26 FEET; THENCE NORTH 31°42'46" WEST, A
DISTANCE OF 86.26 FEET; THENCE NORTH 71°46'07" EAST, A
DISTANCE OF 130.00 FEET TO A POINT ON A NON-TANGENT CURVE;
THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 55.00 FEET AND A
CHORD BEARING OF NORTH 36°21'58" EAST, AN ARC LENGTH OF
104.82 FEET; THENCE NORTH 00°57'49" EAST, A DISTANCE OF 130.00
FEET; THENCE SOUTH 75°33'18" EAST, A DISTANCE OF 86.26 FEET;
THENCE SOUTH 48°35'32" EAST, A DISTANCE 86.26 FEET; THENCE
SOUTH 34°17'57" EAST, A DISTANCE OF 25.85 FEET; THENCE NORTH
23°32'13" EAST, A DISTANCE OF 181.71 FEET; THENCE NORTH 77°35'47"
WEST, A DISTANCE OF 445.63 FEET; THENCE NORTH 69°41'47" WEST, A
DISTANCE OF 229.37 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 16; THENCE SOUTH
88°32'30" WEST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 16, A DISTANCE OF 503.00 FEET TO A
POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 16; THENCE SOUTH 00°03'04" EAST
ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 16, A DISTANCE OF 1076.13 FEET TO A
POINT ON THE NORTH LINE OF COUNTRY KNOLLS UNIT 16
SUBDIVISION RECORDED AS DOCUMENT NUMBER 1130737 IN KANE
COUNTY, ILLINOIS; THENCE NORTH 89°01'12" EAST ALONG THE
NORTH LINE OF SAID COUNTRY KNOLLS UNIT 16 SUBDIVISION AND
ALSO ALONG THE NORTH LINE OF COUNTRY KNOLLS UNIT 15
SUBDIVISION RECORDED AS DOCUMENT NUMBER 1113315 IN KANE
COUNTY, ILLINOIS, A DISTANCE OF 1321.25 FEET TO A POINT ON THE
EAST LINE OF SAID COUNTRY KNOLLS UNIT 14 SUBDIVISION;
THENCE SOUTH 00°01'30" WEST ALONG SAID EAST LINE, A DISTANCE
OF 389.48 FEET TO THE POINT OF BEGINNING; CONTAINING 32.03
ACRES OF LAND, MORE OR LESS.
THAT PART OF THE NORTH HALF OF SECTION 16, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE
CENTERLINE OF HIGHLAND AVENUE WITH THE EAST LINE OF SAID
SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION,
A DISTANCE OF 844.09 FEET; THENCE WEST PARALLEL WITH THE
SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A
DISTANCE OF 1684.53 FEET; THENCE NORTH 00°01'59" EAST ALONG A
LINE 1684.53 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
SAID SECTION 16, A DISTANCE OF 588.28 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 36°02'08" WEST, A DISTANCE OF 218.44
FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 520.00 FEET,
AN ARC LENGTH OF 564.64 FEET TO A POINT ON A NON-TANGENT
LINE; THENCE NORTH 24°12'00" EAST, A DISTANCE OF 40.00 FEET TO
A POINT ON THE CENTERLINE OF HIGHLAND AVENUE BEING ALSO A
e POINT ON A CURVE; THENCE EASTERLY ALONG A CURVE ALONG
THE CENTERLINE OF HIGHLAND AVENUE HAVING A RADIUS OF
3623.71 FEET AND A CHORD BEARING OF SOUTH 67°09'40" EAST, AN
ARC LENGTH OF 172.18 FEET TO A POINT ON A LINE 1684.53 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 16;
THENCE SOUTH 00°01'59" WEST ALONG THE LAST SAID LINE, A
DISTANCE OF 681.63 FEET TO THE POINT OF BEGINNING;
CONTAINING 2.77 ACRES OF LAND, MORE OR LESS."
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. Museums, art galleries and botanical and zoological gardens (841).
8. Public Libraries (823).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
10. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
11. "Radio and television antennas" [SR] (UNCL).
,., 12. "Satellite dish antennas" [SR] (UNCL).
13. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
14. "Fences and walls" [SR] (UNCL).
15. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
16. "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.
17. "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.
18. "Refuse collection area" [SR].
19. "Storage Tanks" [SR] (UNCL).
20. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
21. "Temporary uses" [SR] (UNCL).
22. "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.
23. "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.
/i► 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
elk structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance.
Open Space Parcels. 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. In this PCF district, the use and
development of land and structures located on all other open space parcels shall
be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat, prepared by Land Vision,
dated December 1, 2004, subject to revisions as required by the
Community Development Group and the Engineering Division.
2. Substantial conformance to the Preliminary Engineering Plan, prepared by
Cowhey Gudmundson Leder, Ltd., dated May 1, 2003, and last revised
December 16, 2004, subject to revisions as required by the Community
Development Group and the Engineering Division.
3. Substantial conformance to the Preliminary Landscape Plan, Foundation
Landscape Plans, and Tree Preservation Plan, prepared by Williams
Design Group, dated May 22, 2003 and last revised December 2, 2004,
subject to revisions as required by the Community Development Group,
Engineering Division, and the Parks and Recreation Department. A dense
landscaping buffer shall be provided south of the proposed bridge, east of
Airlite Street extended. Additionally, the rating of all substantial Bur Oaks
and Shagbark Hickory trees which are proposed to be removed as part of
this development shall be confirmed with the City Forester or other staff,
and all reasonable attempts shall be made to preserve those trees.
4. The developer may deed the open space parcel containing approximately
23.77 acres, excluding wetland, to the City, in accordance with the letter
from Matt Pagoria to Todd Wyatt, dated November 22, 2004, subject to
the review and approval of the Community Development Group,
Engineering Division, and the Parks and Recreation Department.
5. The bike path shall extend from the southwestern portion of the subject
property to Airlite Street. Sidewalks shall be constructed on both sides of
Airlite Street.
6. The developer shall provide a bike path easement along the full frontage
of Highland Avenue. The developer shall provide sidewalks along both
sides of Airlite Street, and shall provide a sidewalk easement along the
south side of Highland Avenue.
7. There shall be compliance with all applicable codes and ordinances not
otherwise modified as set forth in the Annexation Agreement.
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
e,., 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
�r�► 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.
rik 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.
E Schock, Mayor
Presented: February 23, 2005
Passed: February 23, 2005
Vote: Yeas: 6 Nays: 0
Recorded: February 24, 2005
Published:
Attest:
Dolonna Mecum, City Clerk