G73-07 Ordinance No. G73-07
AN ORDINANCE
AMENDING A
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(The Glen Subdivision— 1101 Nolan Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin;
and
WHEREAS, written application has been made to amend the development plan in
the 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 OF ELGIN, ILLINOIS:
rink 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 plat, prepared by the Lannert Group.,
dated January 3, 2007, designated in the PMFR Planned Multiple Family
Residence District.
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 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.
fek 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, and the provisions of the Annexation Agreement.
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.
ruk 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 dwellings" [SR] (senior assisted living/congregate care
facility) (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).
Finance, Insurance, and Real Estate Division.
8. "Development sales office" [SR] (UNCL).
Services Division.
9. "Family residential care facility" [SR] (8361).
10. "Home child day care services" [SR] (8351).
11. "Residential Care Facility" [SR].
Construction Division
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12. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
13. "Amateur radio antennas" [SR] (UNCL).
14. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
15. "Radio and television antennas" [SR] (UNCL).
16. "Satellite dish antennas" [SR] (UNCL).
17. "Treatment, transmission, and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
Miscellaneous Uses Division.
18. "Fences and walls" [SR] (UNCL).
19. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR],
subject to the provisions of Chapter 19.45, Off Street Parking.
20. "Refuse collection area" [SR].
21. "Street Graphics" [SR] (UNCL), subject to the provisions of
Chapter 19.50, Street Graphics.
22. "Temporary uses" [SR] (UNCL).
23. "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.
24. "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.
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).
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8. "Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Miscellaneous Uses Division.
9. "Program for graphics" [SR], subject to the provisions of Chapter
19.50, Street Graphics.
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, and in the Annexation Agreement.
In this PMFR zoning district, the site design regulations shall be as
follows:
1. Zoning Lots - Generally. In this PMFR 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 PMFR zoning district, the minimum required
"zoning lot area" [SR] shall be 1,597 square feet per dwelling unit.
3. Lot Width. In this PMFR zoning district, the minimum required
"lot width" [SR] for a zoning lot shall be that necessary to allow
development in substantial conformance to the Preliminary Plat,
prepared by the Lannert Group, with a final revision date of
January 3, 2007.
4. Setbacks - Generally. In this PMFR zoning district, the minimum
required "setbacks" [SR] shall be in substantial conformance to the
Preliminary Plat, prepared by the Lannert Group, with a final
revision date of January 3, 2007.
5. Setbacks by Lot Line. In this PMFR zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be
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rbk in substantial conformance to the Preliminary Plat, prepared by the
Lannert Group, with a final revision date of January 3, 2007.
6. Accessory Structures and Buildings. In this PMFR 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 PMFR 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.
8. Supplementary Conditions. In this PMFR zoning district, the use
and development of land and structures shall also be subject to the
following conditions:
a. Substantial conformance to the Preliminary Plat, prepared
by the Lannert Group, with a final revision date of
January 3, 2007.
b. Substantial conformance to the Preliminary Engineering
Plan, prepared by Cowhey Gudmundson Leder, Ltd.., with
a final revision date of January 10, 2007.
c. Substantial conformance to the Preliminary Landscape
Plan, prepared by the Lannert Group,with a final revision
date of April 11, 2007.
e. The number of dwelling units, and the site and architectural
design review of the "senior assisted living facility" in this
PMFR District shall be subject to review and approval
pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as
amended. Notwithstanding anything to the contrary in this
ordinance, prior to the development of the subject property
in this PMFR planned multiple family residence district the
owner and/or developer of the subject property shall be
required to submit a development plan to the city for a
public hearing and city council approval pursuant to
provisions of Chapter 19.60, Planned Developments, of the
Elgin Municipal Code, as amended, to include the items
required by Chapter 19.60 and architectural elevations,
building plans and proposed building materials.
f. No dwelling unit in this PMFR planned multiple family
zoning district shall be occupied by any persons contrary to
the age restrictions and/or the other occupancy restrictions
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set forth in the private covenants for the subject property
and as further referenced and provided for in Section 49 of
the Third Amendment to the Annexation Agreement for the
subject property.
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, Street Graphics, of the Elgin Municipal
Code, 1976, as amended.
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
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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.
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, 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 sewers 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 immediately after its
passage in the manner provided by law.
Ed Schock, Mayor
Presented: December 5, 2007
Passed: December 5, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: December 6, 2007
Published:
Attest:
Diane Robertson, Cit Clerk
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