G7-08 Ordinance No. G7-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
SFR2 SINGLE FAMILY RESIDENTIAL DISTRICT TO
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTICT
(SMC Residential Subdivision, 2805 Weld Road)
WHEREAS, written application has been made requesting a map amendment from SFR2
Single Family Residence and to PSFR2 Planned Single Family Residence District.
WHEREAS, the Planning and Development Commission conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated December 4,2006, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code,as amended,be and the same is hereby further amended by adding thereto the
following paragraph:
The boundaries hereinafter 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:
That part of West half of the Southwest Quarter of Section 16, and part of the East
half of Southeast Quarter of Section 16, all in Township 41 North, Range 8 East of
the Third Principal Meridian,described as follows:Beginning at the Northeast corner
of Weldwood Oaks Subdivision, a subdivision of part of Southwest Quarter of
Section 16,Part of Southeast Quarter of Section 17,and part of Northeast Quarter of
Section 20,Township and Range as foresaid;thence South 20 degrees 12 minutes 17
seconds West along the Easterly line of said subdivision 1159.01 feet;thence South
86 degrees 29 minutes 49 seconds East 156.35 feet to a jog in the Westerly line of lot
11 in Darlene McDermott's Subdivision, a subdivision of part of said Southeast
Quarter of Section 16, and part of paid Southeast Quarter of Section 17, and part of
said Northeast Quarter of said Section 20; thence North 20 degrees 12 minutes 54
seconds East along said Westerly line 483.37 feet measured (483.49 feet record)to
the Northwest corner of said lot;thence South 80 degrees 54 minutes 53 seconds East
along the North line of said lot 436.33 feet measured(436.39 feet record) to the
Northeast corner thereof, (also being in the Southwesterly Right of Way Line of US
Route 20(Court Case No.60-1166);thence North 14 degrees 14 minutes 25 seconds
West along said Southwesterly line 406.09 feet to an angle point in said right of way;
thence North 25 degrees 53 minutes 11 seconds West along said Southwesterly line
147.46 feet measured (155.91 feet record) to an angle point in said right of way;
'' thence North 45 degrees 28 minutes 20 seconds West along said Southwesterly line
265.63 feet measured (9265.79 feet record) to the point of beginning, in Elgin
Township, Kane County, Illinois(Property commonly known as 2805 Weld Road).
Section 3. That the City Council of the City of Elgin hereby grants the map amendment
to PSFR2 Planned Single Family District for the property commonly known as 2805 Weld Road,and
legally described above,which shall be designed,developed,and operated subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
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 PSFR2zoning 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).
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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. "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).
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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 District,except as otherwise provided for herein,Lots 1-
5 as described in Section 2 shall be subject to the following conditions:
1. Substantial conformance to the Petitioner's Statement of Purpose and
Conformance,submitted with the development application prepared by Steve
Silva, Silva Architects; dated November 30, 2005.
2. Substantial conformance to the Site Development Plan prepared by Silva
Architects, Ltd. and dated November 30, 2005 with revisions, dated
September 14, 2006.
3. Substantial conformance to the Preliminary Engineering Plans (Sheets 1-5)
r. prepared by Gerald L. Heinz & Associates, Inc. and dated November 28,
2005 with revisions dated August 15, 2006.
4. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PSFR2 District,off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
Off-Street Loading. In this PSFR2 District,off street loading shall be subject to the
provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended.
J. Signs. In this PSFR2 District, signs shall be subject to the provisions of Chapter
19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PSFR2 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 PAB zoning district
authorize such an application.
L. Planned Developments. In this PSFR2 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. An application for a
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planned development may be requested by an individual lot or property owner for a
zoning lot without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners in this PAB zoning district authorize such
an application.
M. Conditional Uses. In this PSFR2 zoning district, the use and development of the
land and structures 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 PAB zoning district and without necessitating that all other
property owners in this PAB zoning district authorize such an application.
N. Variations. In this PSFR2 District, the use and development of the land and
structures 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 PAB zoning district and without necessitating that all other
property owners in this PAB 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.
P. Building and Construction-Generally.In this PSFR2 zoning district,building and
construction shall be subject to the provisions of Title 16,Building and Construction,
of the Elgin Municipal Code, as may be amended, except as may be specifically
provided otherwise in this planned industrial district ordinance.
1. Design Guidelines. The Design Guidelines prepared by Steve Silva, Silva
Architects, and revised as required by Community Development Group and
attached hereto as Exhibit 1 shall be applicable to the development of the
Subject Property. All buildings constructed on the Subject Property shall be
constructed in conformance with such Design Guidelines and other
applicable requirements of law.
2. All sanitary sewers shall be overhead sewers.
3. 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 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
Wreo■■
Ed Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
Diane Robertson, Cit Clerk
elk
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