G99-07 elk Ordinance No. G99-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Wesemann Property—955 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:
r 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 plat, prepared by JEN Land Design, Inc.,
dated January 24, 2007, 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
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
elk 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.
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:
rb. 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. "Street Graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics, of the Elgin Zoning Ordinance.
rik 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
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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, and in the Annexation Agreement. 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.
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2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 10,000 square feet per dwelling unit for an interior
lot, and 12,000 square feet for a corner lot.
3. Lot Width. In this PSFR2 zoning district, the minimum required "lot
width" [SR] for a zoning lot shall be 75 linear feet for an interior lot, and
90 linear feet for a corner lot.
4. Setbacks - Generally. In this PSFR2 zoning district, the minimum
required "setbacks" [SR] shall be subject to the provisions of Section
19.12.400 of the Elgin Zoning Ordinance.
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. Street Setback: 30 feet.
b. Side/Interior Setback: 10 feet.
c. Rear Setback: 40 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.
8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall be subject
to the provisions of Section 19.25.335 (H), Residential Floor Area, of the
Elgin Zoning Ordinance.
9. Building Coverage. In this PSFR2 zoning district, the maximum "building
coverage" [SR] for a single family zoning lot shall be subject to the
provisions of Section 19.25.335 (I), Building Coverage, of the Elgin
Zoning Ordinance.
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall be subject to the provisions of Section 19.25.335 (J), Accessory
Building Coverage, of the Elgin Zoning Ordinance.
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be subject to the
provisions of Section 19.25.335 (K), Vehicle Use Area, of the Elgin
Zoning Ordinance.
12. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
A. Substantial conformance to the Petitioner's Statement and
Development Plans contained within the Wesemann Property
Binder, submitted by HPI Elgin, LLC, subject to revisions
recommended by the Community Development Group,
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Engineering Division, Fire Department, Legal Department, and
Water Department, inclusive of:
1. Preliminary Plat for Wesemann Property, prepared by JEN
Land Design, Inc., last revised October 10, 2007.
2. Preliminary Engineering Plans for Wesemann Property,
prepared by Manhard Consulting, Ltd., last revised June 27,
2007.
3. Easement Exhibit for Sanitary Sewer and Water Main
Extensions, prepared by Cowhey Gudmundson Leder, Ltd.,
dated September 28, 2005.
4. Preliminary Landscape Plan, prepared by David R.
McCallum Associates, Inc., dated January 22, 2007.
B. Within this PSFR2 zoning district, the architecture, design and
construction and maintenance of dwelling units shall also be as follows:
1. Single story dwellings shall contain a minimum of 2,000 square
feet in floor area, excluding garages, basements, cellars, walk-outs
or other similar spaces.
2. Dwellings having two or more stories shall contain a minimum of
2,400 square feet of floor area, excluding garages, basements,
cellars, attics, walk-outs or other similar spaces.
3. All roofs shall be pitched, either gable or hip style. The minimum
roof pitch shall be 4/12. Flat roofs are specifically prohibited.
4. Street facing walls shall be entirely constructed of wood, stone,
brick, or cement fiberboard (aka hardyboard). All other wall
surfaces shall include a minimum of 50% wood, stone, brick or
cement fiberboard (aka hardyboard). Aluminum and vinyl siding
shall be a heavy gauge. This provision shall not be construed to
prohibit light-gauge vinyl clad or aluminum for soffits, facia,
second floor peaks, gutters and downspouts.
5. Light gauge vinyl siding, light gauge aluminum siding, masonite,
glazed brick, non-overlapping cedar siding, imitation stone,
imitation brick, exposed concrete, or exposed cinder block are not
permitted to be used as exterior wall siding.
6. No two (2) homes of like exterior design may be constructed on
the same side of the street unless such buildings are separated by
four (4) or more buildings, building sites, or combination thereof,
of completely dissimilar design. Buildings of like exterior design
may not be erected directly across the street from each other. All
buildings shall be considered to be of"like exterior design" unless
they have substantially different floor plans, elevations and are
substantially different in exterior appearance.
7. All gutters will be in neutral colors so as to be inconspicuous.
8. Each house will have at least a two (2) car garage. Garages shall
be designed in accordance with the following provisions adopted
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within the Far West Planning Area Development and Design
Guidelines (Ordinance No. G6-01).
a. Street Facing Garages. Street facing garages shall be
recessed a minimum of 10 feet behind the main residential
façade. However, residences with street-facing garages
recessed less than 10 feet, but not less than 2 feet behind the
main residential façade, shall be allowed if the residence
includes a front porch or portico; or if the garage includes
one or more of the following features designed to
complement the architectural style of the residence:
individual garage does accessing each parking bay, gable end
of the garage roof line facing the street, a roof peak centered
over a double wide garage door, or proportionately designed
dormers.
b. Side Entry Garages. Side entry garages shall feature gable
ends, roof lines, window and door fenestration, and other
architectural elements which match or complement those
same design elements on the residence. Side entry garages
shall be designed and oriented to provide access to parking
bays via a side or rear entry, with driveway access to the
garage crosses in front of the main entrance, the following
provisions shall apply: (1) the lot shall contain a minimum of
20,000 square feet of lot area, (2) the garage shall be set back
a minimum of 40 feet from the street lot line, and (3) at least
one third of the garage width shall be located behind the front
façade of the residence.
9. All chimneys must be constructed of brick or other natural
materials (wood, stone, or stucco) if the chimney is visible from
the front, and otherwise may be constructed of any of the material
that would have been permitted on the side or real exterior walls of
the structure (as set forth in subparagraph 4 above)
10. Each dwelling constructed on a lot of record shall be fully
landscaped prior to its initial occupancy. If inclement
weather does not permit installation of landscape materials,
then a cash bond in the amount of 150% of the estimated cost
of work shall be submitted to the City as monetary assurance
for the unfinished work. The minimum required landscaping
for a lot of record to be considered fully landscaped shall be:
a. Front and side yards shall be sodded.
b. Rear yards shall be seeded.
c. Sufficient foundation plantings to screen the
building's foundation developed in conformance with
a landscape plan as approved by the City.
d. All plant material shall be appropriate to the climate
of the area.
11. In the event of any conflict between the provisions of this
subparagraph 2G12B and the preceding subparagraph
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2G12A, the provisions of this subparagraph 2G12B shall
control.
C. Conformance with all applicable codes and ordinances.
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. Street Graphics. In this PSFR2 zoning district, street graphics 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.
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
rA 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.
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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 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 immediately 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 Clerk
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