G19-06 Ordinance No. G19-06
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
Neighborhoods 1B and 8
(HPI-Elgin, L.L.C., West Assemblage—North Portion)
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
e.► 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:
Those areas on the attached zoning map, prepared by JEN Land Design,
Inc., dated June 15, 2004, with a final revision date of December 3, 2004,
designated in the PMFR Planned Multiple Family Residence District, and
identified as Neighborhoods (NH) 1B and 8, on the Preliminary PUD Plan,
prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of
August 26, 2004 (page 1), said areas being located within the property legally
described as follows:
The Southwest Quarter of Section 32, Township 42 North, Range 7
East of the Third Principal Meridian, also part of the Southeast
quarter of Section 32 aforesaid, described as follows: Beginning at
the Northwest corner of the Southeast Quarter of said Section 32
�.. and thence South on the Quarter Section Line 295-1/4 feet; thence
East at right angles to a point in the middle of the highway, thence
r• Northwesterly along the middle of said highway to the North line
of said Quarter Section; thence West to the point of beginning; in
Rutland Township, 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 "[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.
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.
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 single 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].
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
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.
rik 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. In this PMFR district, the use and development of land
and structures shall be subject to the following conditions:
a. Substantial conformance to the Concept Plan for HPI — Elgin, West
Assemblage, prepared by JEN Land Design, Inc., and dated June 15, 2004
(identified as sheet 1 of 3),with a final revision date of August 26, 2004.
b. Substantial conformance to the Preliminary PUD Plan for HPI — Elgin,
West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd.,
and dated June 15, 2004 (note that sheet 1 is titled Concept Plan for HPI—
Elgin), with a final revision date of September 10, 2004.
c. Substantial conformance to the Preliminary Engineering Improvement
Plans for HPI Elgin Assemblage — West, sheets 100, 200, 201, 202, and
203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004,
with a final revision date of December 4, 2004, with modifications thereto
in conformance with Exhibit G of the annexation agreement and the
December 3, 2004 letter from Cowhey Gudmonson Leder, Ltd., regarding
preliminary submittal commentary.
d. Substantial conformance to the HPI Pingree Grove, L.L.C., Residential
Images— Single Family Attached exhibit, prepared by HPI—Elgin, L.L.C,
identified as Exhibit 14 in the City Council binder dated June 14, 2004.
e. Substantial conformance to the Typical Foundation Planting Plans Multi
Family Townhomes for HPI Elgin, L.L.C., prepared by Landworks Ltd.,
and dated June 25, 2004.
f. Substantial conformance to the following landscape plans, prepared by
JEN Land Design, dated June 15, 2004, with a final revision date of
September 15, 2004:
i. Landscape Guidelines for the West Assemblage, the Entry
Landscape Concept—Plan View.
ii. Neighborhood Three/Plank Road Estates Landscape Buffer Section
—West Assemblage.
iii. Typical Buffer Section — West Assemblage (detailing single
family neighborhoods 2, 3, 4, 5, 6, & 7).
iv. Typical Buffer Section — West Assemblage (detailing townhome
neighborhood 6).
g. Substantial conformance to the Architectural Standards for Single Family
Detached and Single Family Attached Dwellings, identified as Exhibit in
the City Council binder, and dated June 10, 2004, with a final revision
date of December 3, 2004.
h. Substantial conformance to the HPI Pingree Grove, L.L.C., - Site
Amenities— Open Space & Parks exhibit prepared by HPI— Elgin, L.L.C,
identified as Exhibit 19 in the City Council Binder.
Substantial conformance to the HPI Pingree Grove, L.L.C., - Community
r• Images — Entry Way and Signage exhibit, prepared by HPI — Elgin,
L.L.C., identified as Exhibit 19 in the City Council Binder, with the
following exception: all signs must be monument style signs and shall
conform to the surface area requirements of the sign ordinance.
j. Substantial conformance to the Draft Declaration of Covenants,
Conditions, and Restrictions for Homeowners Association, prepared by
HPI— Elgin, L.L.C., and dated June 11, 2004, with a final revision date of
December 3, 2004.
k. Notwithstanding any of the above conditions, the minimum floor area for
an attached single family dwelling unit shall be 1,400 square feet. Floor
area shall be calculated as defined by EMC Chapter 19, Zoning. Where
this provision conflicts with any of the above conditions, this condition
shall take precedent.
Specific building elevations for all residential structures proposed to be
constructed in this PMFR Planned Multiple Family Residence District
shall be submitted to the City's Community Development Director for
review and approval. The standards for such review and approval shall be
the terms of this ordinance and other applicable ordinances and other
requirements of law.
m. Additions to any residential structures on the Subject Property shall only
be permitted to the rear elevations of such structures and no additions shall
be permitted to the front and/or side elevations on any such residential
structures.
elink 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 or as
otherwise provided for within this ordinance. All signs shall also be subject to
paragraph G., Site Design, of this ordinance, subject to review and approval by
the Community Development Group, and subject to substantial conformance to
the HPI Pingree Grove, L.L.C., - Community Images — Entry Way and Signage
exhibit, prepared by HPI — Elgin, L.L.C., with the following exception: all signs
must be monument style signs and shall conform to the surface area requirements
of the sign ordinance.
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.
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.
elk
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.
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.
r Section 3. That this ordinance shall be full force and effect after its passage in the
manner provided by law.
Ed Schock, Mayor
Presented: March 22, 2006
Passed: March 22, 2006
Vote: Yeas: 7 Nays: 0
Recorded: March 23, 2006
Published:
Attest: ,
Dolonna Mecum, City Clerk
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