G102-07 Ordinance No. G102-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
Standard Single Family Lot Neighborhoods 2, 3, 4, 5, 6 and 7
(HPI-ELGIN—L.L.C, West Assemblage— 1101 Marshall 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 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., dated June 10, 2004, with a final revision date of December 3, 2004,
designated in the PSFR2 Planned Single Family Residence District, and identified
as Neighborhoods 2, 3, 4, 5, 6 and 7, 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).
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).
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11. "Satellite dish antennas" [SR] (UNCL).
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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.
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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, subject to
the standards set forth below in subsections 2, 3, and 4.
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 (identified as sheet 1 of 3), West
Assemblage, prepared by JEN Land Design, Inc., dated June 15,
2004, with a final revision date of August 26, 2004.
b. Preliminary PUD Plan for HPI —Elgin, West Assemblage, Sheets 2
and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004,
with a final revision date of September 10, 2004.
c. 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.
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, except as set forth
below in subsection 4.
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. 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 twenty-five (25) linear feet.
b. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be seven (7) linear feet. The combined
width of the side setbacks from the side lot lines shall not be less
than fourteen (14) linear feet.
c. Interior Setback. The minimum required building setback from
an"interior lot line" [SR] shall be seven (7) linear feet.
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d. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] shall be thirty (30) linear feet
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,
except to the extent that the same conflicts with the standards set forth
above.
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 0.40 (40%).
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 (unless otherwise noted):
a. Substantial conformance to the Typical Foundation Planting Plans
Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd.,
and dated June 25, 2004.
b. Landscape Guidelines for the West Assemblage, the Entry
Landscape Concept—Plan View.
c. Neighborhood Three/Plank Road Estates Landscape Buffer Section
—West Assemblage.
d. Typical Buffer Section along Residential Collector Road — West
Assemblage (referencing Single Family Neighborhoods 2, 3, 4, 5,
6, & 7).
e. Typical Buffer Section Residential Collector Road — West
Assemblage (referencing Townhome Neighborhood 8).
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:
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a. Concept Plan for HPI — Elgin (identified as sheet 1 of 3), West
Assemblage, prepared by JEN Land Design, Inc., dated June 15,
2004, with a final revision date of August 26, 2004.
b. Preliminary PUD Plan for HPI—Elgin, West Assemblage, Sheets 2
and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004,
with a final revision date of September 10, 2004.
c. 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 Detached, prepared by HPI —
Elgin, L.L.C, identified as Exhibit 14 in the City Council Binder .
e. Architectural Standards for Single Family Detached and Single
Family Attached Dwellings, revised on December 3, 2004.
f. Substantial conformance to the Draft Declaration of Covenants,
Conditions, and Restrictions for Homeowners Association,
prepared by HPI — Elgin, L.L.C., dated June 11, 2004, and last
revised December 3, 2004.
g. 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.
h. Notwithstanding any of the above conditions, the minimum floor
area for a detached single family dwelling unit shall be 2,000
square feet for a single story dwelling, and 2,400 square feet for a
two-story dwelling. 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.
i. 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.
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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.
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.
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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.
Ed Schock, Mayor
Presented: December 19, 2007
Passed: December 19, 2007
Vote: Yeas: 7 Nays: 0
Recorded: December 20, 2007
Published:
Attest:
Diane Robertson, City lerk
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