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G86-06 (2) Ordinance No. G86-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Traditional Neighborhood Development (TND) Single Family Neighborhood 6A (HPI—L.L.C, East Assemblage—3750 and 3751 West 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 in the PSFR2 Planned Single 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 PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised on December 3, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhood 6A on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (page 1). Section 2. That the development of this PSFR2 Planned Single 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 PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single 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 PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 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 PSFR2 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 PSFR2 District: Residence Division. 1. "Single family detached 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 PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 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 PSFR2 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. "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 PSFR2 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 PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 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 PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area and Lot Width. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] and"lot width" [SR] shall be in substantial conformance with the following documents: a. Concept Plan for HPI — Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI — Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage — East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 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. 3. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions 4. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Arterial Street Setback. Where a zoning lot has frontage on Big Timber Road, Highland Avenue, or Damisch Road, the minimum required setback for a building from a street lot line shall be eighty (80) linear feet. b. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be as follows: i. Twenty (20) linear feet from the street lot line to the main building façade. ii. Fifteen (15) linear feet from the street lot line to a covered porch or portico. iii. Ten (10) linear feet where the side building facade faces a street lot line. c. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be six (6) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twelve (12) linear feet. d. Interior Setback. The minimum required building setback from an"interior lot line" [SR] shall be six (6) linear feet. e. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be as follows: i. Twenty-five (25) linear feet from the rear lot line to the principal building. ii. Five (5) linear feet from the rear lot line to the garage, either attached or detached. 5. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 6. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 7. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.40 (40%). 8. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.35 (35%). 9. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.10 (10%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, and revised on September 10, 2004: a. Landscape Guidelines for the East Assemblage, the Entry Landscape Concept—Plan View. b. Typical Buffer Section Residential Collector Road — East Assemblage. c. Typical Buffer Section (detailing the Kane County Historic Farm). d. Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section—East Assemblage. e. Typical Buffer Section — East Assemblage (titled the same for Single Family Neighborhoods 2&12, and for Townhome Neighborhood 13). f. Typical Foundation Plans Planting Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the following documents: a. Concept Plan for HPI — Elgin, East Assemblage, prepared by JEN rk Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI — Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage — East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 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 — Small Lot Single Family Detached, prepared by HPI — Elgin, L.L.C, identified as Exhibit 14 in the City Council binder, undated. f. Architectural Standards for Single Family Detached and Single Family Attached Dwellings, identified as Exhibit 15 in the City Council binder, and dated June 10, 2004. g. 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. h. The exterior building materials of the detached single family traditional neighborhood design (TND) dwellings shall be wood, stone, brick, stucco, EIFs, .024 gauge aluminum and vinyl. Specific building elevations plans for all residential structures proposed to be constructed in this PSFR2 Planned Single 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. j. Notwithstanding any of the above conditions, the minimum floor area for a detached single family dwelling unit within the TND neighborhoods 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. k. 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. H. Off-Street Parking. In this PSFR2 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 PSFR2 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 PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. 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 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 PSFR2 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 PSFR2 zoning district authorize such an application. elibk L. Planned Developments. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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 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 after its passage in the manner provided by law. ste= 0.0,1.eztr.Z-- Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: 5441\--"-k, ine-Cie,),.-- Dolonna Mecum, City Clerk