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G66-07 . • Ordinance No. G66-07 AN ORDINANCE AMENDING ORDINANCE G115-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Williams South Parcel (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 amend Ordinance No. G115-04, entitled "An Ordinance Classifying Newly Annexed 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 rat 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 for Highland Woods, prepared by Cemcon, Ltd., dated November 5, 2007, and designated in the PSFR2 Planned Single Family Residence District. 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 "Ow the District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. eink 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). 2 Miscellaneous Uses Division. 13. "Fences and walls" [SR] (UNCL). 14. "Street Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, 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. "Program for Graphics" [SR], subject to the provisions of Chapter 19.50, Street Graphics. 12. "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. 13. "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. eft. 3 14. "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 use and development of land and structures shall be subject to the following conditions: 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. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 12,000 square feet per dwelling unit. The minimum required lot area for a zoning lot shall be 12,000 square feet for all "through lots" [SR] and for all "corner lots" [SR]. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be eighty (80) linear feet. The minimum required "lot width" [SR] for a zoning lot shall be ninety-five (95) linear feet for"corner lots" [SR]. 4. 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 5. 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 and one-half (7'/2) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than fifteen(15) linear feet. c. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be seven and one-half(7'/2) linear feet. d. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be thirty (30) linear feet. 6. 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. 7. 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. r 4 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 landscape plans specified in the Highland Woods Design Guidelines which mandate installation of live plant material costing at least 1.5 percent of the combined home and lot price. 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 Highland Woods, Crown Community Development binder, no date, encompassing the following documents: a. Community Thematics, no date. b. Representative Home Styles, Single Family Detached no date. c. Preliminary Plat of Highland Woods Williams Property/Neighborhood "J", prepared by Cemcon, Ltd., dated July 7, 2006. d. Preliminary Engineering Plan of Highland Woods Williams Property/Neighborhood "J", prepared by Cemcon, Ltd., dated July 7, 2006 e. Declaration of Covenants and Restrictions for Highland Woods Homeowners Association, to be recorded for the subject property, no date. f. Single Family Detached Design Guidelines for Highland Woods, prepared by Crown Community Development, and dated February 6, 2004. g. Exterior Insulation and Finish Systems (EIFS) (e.g. dryvit) shall be an acceptable exterior building material on all or part of all four elevations, provided, however, not more than twenty (20%) percent of the homes to be constructed within this PSFR2 district shall have EIFS as the dominant building material on all building elevations. h. Single story dwelling units shall contain a minimum of 1,700 square feet of living space and two-story dwelling units shall contain a minimum of 2,000 square feet of living space so long as the Comprehensive Plan home pricing targets are achieved. 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. 5 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, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. Until the developer has sold all homes within the subject development, the developer shall be allowed to maintain a uniformly designed system of onsite directional and informational signs located on parkways within public rights-of-way, within the development, to provide directions and information on model homes and neighborhood amenities. One billboard type sign no more than twelve (12) feet in height and containing no more than one hundred twenty-eight (128) square feet per side shall be allowed along each of the Highland Avenue, Coombs Road and Route 20 frontages of the development, located outside of any public right-of- way. Design and placement of the signs shall be subject to the review and approval of the city's development administrator. 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 6 zoning district and without necessitating that all other property owners in this F PSFR2 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 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. rbk Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. 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