G103-07 Ordinance No. G103-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
Open Space and Park Parcels F, G, H, I, J, K, L, M, N, 0 and P
(HPI-Elgin, L.L.C. West Assemblage—South 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 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 property (parcel numbers as referenced
are as indicated on the Preliminary Subdivision Plat):"
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 PCF Planned Community Facility District, and identified as
"Open Space" and Park Parcels F, G, H, I, J, K, L, M, N, 0 and P, 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:
Tract One
Parcel One:
The South 445.5 feet of the West half of the Southwest Quarter of
Section 3 and the South 445.5 feet of the East half of the Southeast
Quarter of Section 4, all in Township 41 North, Range 7 East of
the Third Principal Meridian, in Plato Township, Kane County,
Illinois.
Also: that part of Marshall Road lying Easterly of and adjacent to
the above described Tract One Parcel One.
Parcel Two: The West half of the Southeast Quarter (except the
South 454.78 feet of the West 670.75 feet thereof) of Section 4,
Township 41 North, Range 7 East of the Third Principal Meridian,
in Plato Township, Kane County, Illinois.
Tract Two:
Parcel One:
The North 445.5 feet of the South 891 feet of the West half of the
Southwest Quarter of Section 3 and the North 445.5 feet of the
South 891 feet of the East Half of the Southeast Quarter of Section
4, all in Township 41 North, Range 7 East of the Third Principal
Meridian, in Plato Township, Kane County, Illinois.
Also: That part of Marshall Road lying easterly of and adjacent to
the above described Tract Two Parcel One.
Parcel Two:
The West half of the Southwest quarter of Section 3 (except the
North 1000 feet and except the South 891 feet, as measured along
the east and west lines thereof) and the East half of the Southeast
Quarter of Section 4 (except the North 1000 feet and except the
South 891 feet, as measured along the East and West lines thereof),
all in Township 41 North, Range 7 East of the Third Principal
Meridian, in Plato Township, Kane County, Illinois.
Also: That part of Marshall Road lying Easterly of and adjacent to
the above described Tract Two Parcel Two.
Tract Three:
The Southwest Quarter of Section 4, Township 41 North, Range 7
East of the Third Principal Meridian, in Plato Township, Kane
County, Illinois.
Also: That part of Barr Road lying Easterly of and adjacent to the
above described Tract Three.
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:
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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 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.
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9. Elementary and secondary schools (821).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. "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.
28. "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.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "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.
34. "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.
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.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
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12. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation (UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
38. "Parking structures" [SR] (UNCL).
39. "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.
40. "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.
41. "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
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and in the Annexation Agreement. In this PMFR district,
the use and development of land and structures shall be subject to the following
conditions:
a. Concept Plan for HPI — Elgin, West Assemblage, prepared by JEN Land
Design, Inc. (identified as sheet 1 of 3) , dated June 15, 2004, and revised
on 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, and revised on
September 10, 2004.
c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage —
East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201,
202, and 203, dated June 11, 2004, and revised on December 4, 2004, with
modifications thereto in conformance with Exhibit G of the annexation
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agreement and the December 3, 2004 letter from Cowhey Gudmonson
Leder, Ltd., regarding preliminary submittal commentary.
d. 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).
e. 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, and revised on December 3,
2004.
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.
I. Off-street Loading. In this PCF 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 PCF 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 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 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
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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
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
r 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.
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.
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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, CitiClerk
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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:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
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