G25-09 Ordinance No. G25-09
AN ORDINANCE
AMENDING ORDINANCE NO. G7-06 AND CLASSIFYING NEWLY
ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT
(THE PONDS OF STONY CREEK)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, a portion of the property has previously been classified in the PSFR2 zoning
district pursuant to Ordinance No. G7-06; and
WHEREAS, written application has been made to amend a residential planned
development to reclassify portions of a previously annexed property (RLF I Parcel) and to
classify portions of the newly annexed property (Capitani Parcel) 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:
Section 1. That Ordinance No. G7-06 previously adopted by the City Council of the
City of Elgin and classifying a portion of the property described herein in the PSFR2 Planned
Single Family Residence District is hereby amended in its entirety as provided herein.
Section 2. 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 Cemcon, Ltd., and dated
March 17, 2008, identified as The Ponds of Stony Creek and designated in the
PSFR2 Planned Single Family Residence District.
Section 3. 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.
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:
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.
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. '`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. In this PSFR2 zoning district, the site design regulations
for individual lot development shall be the provisions of Section 19.25.335, Site
Design, of the Elgin Zoning Ordinance.
1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision
layout and residential development shall be designed and constructed in
substantial conformance with the design guidelines applicable to residential
neighborhoods developed in the "Far West" portion of the Elgin Planning
Area, as described in the 2005 Elgin Comprehensive Plan and Design
Guidelines, and the following conditions:
a. Substantial conformance with the Annexation, Zoning and Subdivision
Application and Planned Development Plan for The Ponds of Stony
• Creek, including:
1. The Final Plat of Subdivision for The Ponds of Stony Creek
Unit 1, prepared by Cemcon, Ltd. for the Ryland Group, Inc.,
original date April 24, 2006, revised dated March 10, 2008; the
Final Plat of Subdivision for The Ponds of Stony Creek Unit 2,
prepared by Cemcon Ltd. for the Ryland Group, Inc., original
dated April 24, 2006, revision 6 dated February 1, 2007; the Final
Plat of Subdivision for The Ponds of Stony Creek Unit 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 5,
2006, revision 7 dated October 18, 2007; and the preliminary
engineering plans for The Ponds of Stony Creek prepared by
Cemcon, Ltd., dated February 13, 2005 (with respect to Unit 4)
2. Substantial conformance with the Final Engineering Improvement
Plans for The Ponds of Stony Creek — Units 1, 2, and 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 24,
2006, revised dated October 28, 2007.
3. Further revisions to the foregoing final plats of subdivision shall
include but not be limited to revisions to comply with Title 18 of
the Elgin Municipal Code; easement provisions to be modified and
dedicated to appropriate parties as approved by the City Engineer;
• and assignment of ownership and maintenance responsibilities to
• the homeowners association of common features. Further
revisions to the engineering plans shall include but not be limited
to revisions to the storm and sanitary layout to avoid locations in
front yards of private property (not including outlots); revisions to
watermain layout to properly extend along McDonald Road; and
revisions to improvement plans to McDonald Road to provide for a
50 foot right-of-way dedication and a 10 foot easement, full
reconstruction of McDonald Road for the entire length of the
subject property providing for a two lane cross section with a three
lane cross section at intersections and entrances.
4. Residential structures shall be designed, constructed and
maintained in conformance with the Architectural Guidelines
(referenced Exhibit "Y' from annexation agreement) and private
covenants recorded with the subdivision.
5. The building setback from a rear lot line may be reduced to twenty
(20) feet for the limited purpose of allowing a "balcony" to
encroach into the otherwise required forty (40) foot building
setback. This provision is limited to residences with basement
level "lookout" or "walkout" access to the rear yard, and is limited
to balconies attached to the first floor level of the residence.
• 6. Preliminary Landscape Plan for The Ponds of Stony Creek,
prepared by Signature Design Group, dated February 10, 2006.
b. The incorporation into final engineering plans and specifications of
engineering and stormwater plans best management practices
recommended by the U.S. Department of Interior, Fish and Wildlife
Service and applicable regulatory agencies at The Ponds of Stony
Creek planned development, to the extent that any such recommended
practices are required by the city engineer utilizing generally accepted
engineering practices and do not conflict with local codes and
ordinances.
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.
1. 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.
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
zoning district and without necessitating that all other property owners in this
PSFR2 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 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
Ed Schock, ayor
Presented: April 29, 2009 °
Passed: April 29, 2009
Vote: Yeas: 7 Nays: 0 '
Recorded: April 30, 2009
Published: May 1, 2009
Attest: a
•
Diane Robertson, Cit Clerk
•
PLAT OF ZONING EXHIBIT
FOR ::-,.M.:
THE PONDS OF STONY CREEK
—I- ----- —
OF
-1-
>o �
•r:;
%PCF,�
°•l Vii;'/, ' '/ / ,j/ / i/ %j;/%
Imo__ _ 1=a '�� _✓"/,' j%'%ii; i;� /PCF/��'''
I � � I _ - -- �•��. .;%i.'','%iii;,
LB.C0\, Ltd.
e Rim