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G26-09 • Ordinance No. G26-09 AN ORDINANCE AMENDING ORDINANCE NO. G8-06 AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY 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 territory described herein has previously been classified in the PCF Planned Community Facility District pursuant to Ordinance No. G8-06; 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 PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings 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 G8-06 previously adopted by the City Council of the City of Elgin and classifying a portion of the property described herein in the PCF Planned Community Facility District be and 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 are hereby altered by including in the PCF Planned Community Facility District, the following described property: "The boundaries herein before laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described territory:'' 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 PCF Planned Community Facility District. Section 3. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the • following provisions: • A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. 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 PCF 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, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF 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 PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF 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 PCF 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 PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. • 5. "Development sales office" [SR] (UNCL). • Services Division. 6. Community membership club (8641). Construction Division. 7. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 8. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 9. "Radio and television antennas" [SR] (UNCL). 10. "Satellite dish antennas" [SR] (UNCL). 11. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 12. "Fences and walls" [SR] (UNCL). 13. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 14. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 18. "Temporary uses" [SR] (UNCL). 19. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Child day care services (835). 2. Sporting and recreational camps (7032). Mining Division. 3. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 4. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 5. "Conditional 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. Refuse systems (4953). • 10. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 11. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 12. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 13. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 14. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF 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 PCF zoning district, the site design regulations for individual parcels designated "park" or "open space" shall be the provisions of Section 19.30.135, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PCF zoning district, the use and • development of land and structures shall also be subject to 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. 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 PCF 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. I. Off-street Loading. In this PCF 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 PCF zoning district, street graphics shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF 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 PCF • zoning district authorize such an application. • L. Planned Developments. In this PCF 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. 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation 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 PCF zoning district and without necessitating that all other property owners in this PCF 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, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 l Attest: Diane Robertson, City C rk • • PLAT OF ZONING EXHIBIT FOR THE PONDS OF STONY CREEK Fx mow / /'/i % %✓ �/,,_ ;'/ '// / / / / / �', // , / // / , ---------- -------- Po BEG 'A.lG --- - -_-- ' HI / ' �I i ►� `III' /, %,�, z HE CENIC0\, Ltd'