G73-08 Ordinance No. G73-08
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G8-05
(West Point Gardens Subdivision— 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PMFR Planned Multiple Family Residence District; and
WHEREAS, written application has been made to amend PMFR Planned Multiple
Family Residence District Ordinance No. G8-05 to permit the construction of additional
residential building elevations and floor plans in the West Point Gardens Subdivision; 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:
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Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated October 15, 2007, 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 Ordinance No. G8-05 entitled "An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District,"passed January12,
2005, be and is hereby amended in its entirety to read as follows:
Section 3. 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 Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, revised December 21,
2004, designated in the PMFR Planned Multiple Family Residence District."
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Section 4. 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 of the lowest standardized
density for single family attached 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.
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.
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.
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 single family dwellings" [SR] (townhomes) (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).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance, Insurance, and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
10. "Family residential care facility" [SR] (8361).
11. "Home child day care services" [SR] (8351).
12. "Residential Care Facility" [SR].
Construction Division
13. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
22. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics.
23. "Temporary uses" [SR] (UNCL).
24. "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.
25. "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).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR].
10. "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.
11. "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.
12. "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. In this PMFR district, the use and development of land
and structures shall be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
2. Substantial conformance to the Preliminary Engineering Plans North and
South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated
August 2, 2004, with a final revision date of January 3, 2005.
3. Substantial conformance to the Master LS Plan pages 1 through 5,
encompassing the Master LS Plan 2, Planting Details, and Detention Plan,
prepared by Matarazzo Land Planning Consultants, Ltd., and dated
September 9, 2004.
4. Substantial conformance to the Typical Townhome Streetscape, prepared
by Matarazzo Land Planning Consultants, Inc., and dated August 19,
2004; and as amended by the Petitioner's Statement prepared by Curran
Enterprises II, LLC, dated September 25, 2007, with attached building
elevation drawings and floor plans.
5. All exterior building materials for the attached single family homes shall
meet the design requirements of the Far West Area Plan.
6. The floor area for the attached single family dwellings shall be a minimum
of 1,400 square feet, with the exception that one model may have a floor
area of 1,325 square feet.
H. Off-street Parking. In this PMFR zoning district, off street parking shall be
elk 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. Street Graphics. In this PMFR zoning district, street graphics shall be subject to
the provisions of Chapter 19.50, Signs, 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 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.
O. 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 5. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
4011111111°. _
Ed Schock, Mayor
fulk
Presented: November 5, 2008
Passed: November 5, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: November 6, 2008
Published:
J r FE:
Attest:
Diane Robertson, City C rk rail <<�,
October 15, 2007
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 61-07 Requesting Approval of a First Amendment to the Annexation
Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building
Elevations and Floor Plans in the West Point Gardens Subdivision; Property Located at 100 Nesler
Road;by West Point Builders&Developers, Inc., as Applicant,and Nesler Road Limited Partnership,
as Owner.
GENERAL INFORMATION
Requested Action: Amendment to Annexation Agreement
Amendment to Ordinance No's. G6-05 and G8-05
Current Zoning: PSFR2 Planned Single Family Residence District
PMFR Planned Multiple Family Residence District
PCF Planned Community Facility District
PAB Planned Area Business District
Existing Use: Residential/Commercial Subdivision
Property Location: 100 Nesler Road
Applicant and Owner: Nesler Road Limited Partnership
Staff Coordinator: Tom Armstrong, Principal Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
(Pk' E. Environmental Map (see attached)
F. Site Photos
(see attached)
G. Petitioner's Statement and Additional Building Elevations & Floor Plans (see attached)
Findings of Fact Planning and Development Commission
Petition 61-07 October 15, 2007
BACKGROUND
An application has been filed by West Point Builders&Developers,Inc.,requesting a first amendment
to the annexation agreement,and amendments to the planned district ordinances to introduce additional
building elevations and floor plans in the West Point Gardens Subdivision. The subject property is
located at 100 Nesler Road (reference attached Exhibits A, B, C, D, E, and F).
West Point Gardens Subdivision was annexed and zoned in two parts,in 2004 and 2005. The applicant
desires to offer additional building elevations and floor plans in the subdivision to increase the mix of
housing styles and floor plans available, and to respond to customer requests (reference attached
Exhibits G).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 61-07 on October 15,2007. The applicant testified at the public hearing and
presented documentary evidence in support of the application. No objectors spoke at the public hearing.
The Community Development Group submitted a memorandum, dated October 11, 2007.
The Planning and Development Commission has made the following findings:
• The additional building elevations and floor plans will add variety to the streetscape and to the
housing options available in West Point Gardens Subdivision. The proposed new housing
products and additional housing elevations all meet the design guidelines for housing illustrated
and described in the Elgin Comprehensive Plan and Design Guidelines (2005).
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards, regulations,
requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. West Point
Gardens Subdivision was approved in 2005, with a number of departures from the standard
requirements of the zoning and subdivision regulations.
The applicant is not requesting any new departures from the standard requirements of the zoning and
subdivision regulations. The proposed new housing products and additional housing elevations all meet
the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design
Guidelines (2005).
rSUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
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Findings of Fact Planning and Development Commission
0i. Petition 61-07 October 15, 2007
unresolved issues, and alternatives:
A. Summary of Findings.
• Positive Attributes. The additional building elevations and floor plans will add variety
to the streetscape and to the housing options available in West Point Gardens
Subdivision.
B. Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
There are no substantive alternatives to the proposal other than an approval,denial,or approval
with conditions.
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 61-07. On a
motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero
(0) no:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J.
Curran, Manager, Curran Enterprises II, dated September 25, 2007 and attachments, with
revisions as required by the Community Development Group.
2. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/Tom Armstrong
Tom Armstrong, Secretary
Planning and Development Commission
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