G70-05 •
Ordinance No.G70-05
AN ORDINANCE
AMENDING ORDINANCE NO. G23-04
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Pingree Creek Subdivision- 4400 Damisch 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 as a PMFR
Planned Development 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 that Ordinance G23-04 adopted by the City Council on February 25, 2004, be
and is hereby amended in its entirety to read as follows:
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:
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 areas within the project area:
Those areas on the attached Pingree Creek Zoning Map, prepared by Otis Koglin
Wilson, dated February 17, 2004, designated as multi-family(18 units/acre).
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 for multiple family dwellings. The PMFR District
is most similar to, but departs from the standard requirements of, the MFR Multiple
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 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 Creek, 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.
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.
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. "Multiple family 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).
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]
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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]
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 PSFR1
Planned Single 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 PSFR1
Planned Single 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.
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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
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 PMFR zoning district, the use and development of land and
structures and the site design regulations shall be as provided in Chapter 19.12, Site
Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this
Ordinance, and in the Annexation Agreement.
In this PMFR zoning district, the use and development of land and structures shall also be
subject to the following conditions:
1. General conformance with the Preliminary Plat booklet for Pingree Creek,
prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and
Roland, Inc., dated January 28, 2004, including the following:
a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated
January 12, 2004.
b. Preliminary Plat of Pingree Creek, prepared by Donahue and
Thornhill, Inc., dated January 13, 2004.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin
Wilson, dated January 12, 2004.
d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson,
dated January 27, 2004.
e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared
by Sheaffer& Roland, Inc., dated January 13, 2004.
f. Pingree Creek Design Principles and Applications, dated January 28,
2004.
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 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
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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. The development
administrator may require, and may approve signs, including temporary model home and
sales office signs and signs for uses associated therewith and for directions thereto, not
otherwise provided by this title in support of the development.
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, 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.
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 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 PSFR1 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, the Plat Act
of the State of Illinois, and the provisions of the Annexation Agreement.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
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40.4 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: July 27, 2005
Passed: July 27, 2005
Vote: Yeas: 6 Nays: 1
Recorded: July 28, 2005
Published:
Attest:
Dolonna Mecum, City Clerk
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