G69-09 AN ORDINANCE AMENDING THE Ordinance No. G69-09
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G12-05
(Bowes Creek Country Club Neighborhoods AA2 and AA-3)
3600 Bowes Road
WHEREAS, the territory herein described has previously been classified in the PSFR2
Planned Single Family Residence District, pursuant to Ordinance No. G12-05; and
WHEREAS, .written application has been made to amend certain provisions within
Ordinance No. G 12-05:
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 the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated September 8, 2009, made by the Planning and Development Commission, a copy of which
is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. G12-05
classifying the territory herein described in the PSFR2 Planned Single Family Residence District
be and is hereby amended in its entirety and is hereinafter set forth in this ordinance.
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 Exhibit, prepared by Cowhey Gudmundson
Leder, Ltd., dated September 3, 2004, with a final revision date of December 21,
2004, designated in the PSFR2 Planned Single Family Residence District, and
identified as Neighborhoods AA2 and AA-3.
Section 3. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 2 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, 1 976, 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).
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1 1. "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] (UNTCL).
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.
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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.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be in substantial conformance to the Preliminary Plat
of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated
August 31, 2004, and last revised January 5, 2005 with note revisions
January 13, 2005.
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be in substantial conformance to the Preliminary Plat of Subdivision
prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004,
and last revised January 5, 2005 with note revisions January 13. 2005.
4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
• 19.12.400, Setbacks - Clarifications and Exceptions.
1). 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. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be twenty (20) linear feet.
b. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be five (5) linear feet, however, the
combined side setback shall not be less than 10 feet.
C. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] shall be twenty (20) linear feet.
The following lots shall only be allowed the construction of decks
and balconies open to sky to encroach into the rear setback for a
distance no greater than twelve (12) linear feet, per the
requirements of the Development Administrator.
Lots 15-30, 36-46, 66-74, 77-79, 86, 98-110, 322-327, 338-341,
354-363, 378-380, 392-394, 396, 408-424, and 429.
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.
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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 equal the
"zoning lot area" [SR] times 0.48 (48%).
9. Building Coverage. In this PSFR2 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.48 (48%).
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the "zoning lot area" [SR] times 0.10 (10%).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand four
hundred (1,400) square feet,
12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the Landscaping Plans prepared
by HKM Architects and Planners, dated December 10, 2004, last revised
December 10, 2004.
13. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to substantial
conformance to the following documents:
• a. Substantial conformance to the Preliminary PUD Plan, prepared by
JEN Land Design, Inc., and dated July 8, 2004, last revised on
November 17. 2004.
b. Substantial conformance to the Preliminary Engineering Plan
pages 1 through 8, prepared by Cowhey Gudmundson Leder, Ltd.,
and dated July 9, 2004, last revised on January 5, 2005.
C. Substantial conformance to the Landscaping Plans, prepared by
HKM Architects and Planners. dated December 10. 2004, last
revised December 10. 2004.
d. Substantial conformance to the Existing Tree Exhibit, prepared by
Cowhey Gudmundson Leder, Ltd., and dated August 9, 2004.
e. Substantial conformance to the Tree Inventory Description, dated
August 2004.
f. Substantial conformance to the Natural Resource Narrative for
Bowes Creek Country Club, prepared by Cowhey Gudmundson
Leder, Ltd., and dated July 9, 2004.
CT. Substantial conformance to the Proposed Product for the Regency
at Bowes Creek County Club, provided within the Bowes Creek
Estates development binder provided for the Planning and
Development Commission, no date.
h. For those active adult single family building elevations which do
not provide 100% stucco or masonry street facing facades, a
• minimum 40% masonry shall be provided on the street facing
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facade, or other combination as approved by the Community
• Development Group. Additionally, where masonry is provided on
a street facing facade, a minimum two foot return shall be provided
on the adjoining side building facade.
i. Proposed additions to residential structures on the subject property
shall be limited to the rear elevation and no additions shall be
permitted to the front or side elevations of residential structures.
j. No dwelling unit on the subject property shall be occupied by any
person contrary to the age restrictions to be provided for within the
private covenants for the subject property which shall be in
substantial confonnance with Section 3B of the Second
Amendment to Bowes Creek Annexation Agreement dated
January 26, 2005.
Additional Conditions:
1. Substantial conformance with the Petitioner's Statement of
Purpose for Map Amendment for Bowes Creek Country Club,
dated received August 19, 2009, and attachments as follows, with
revisions as required by the Community Development Group:
a. Site plans entitled "Bowes Creek Country Club 4`h
Amendment to Annexation Agreement — Variance Request
for Decks," Sheets 1-4, prepared by ESE Consultants, Inc.,
dated January 12, 2009 and last updated July 9, 2009.
b. Individual detailed site plans entitled "Bowes Creek
Country Club Villas - Showing examples of Most
Restrictive (Smallest) Lot with Proposed Deck' Group
Exhibit B. Sheets 1-10.
2. The departure shall be restricted to 121 lots within the Masters and
Fairway Lots area.
3. Compliance 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.
I. 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, Signs, of the Elgin Municipal Code, 1976, as amended, and shall
also be subject to paragraph G., Site Design, of this ordinance.
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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 At
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.
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Q. Appeals. Any requirement, detennination.. or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.7 , 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: December 16. 2009 ® '
Passed: December 16, 2009 gSFLU
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: December 17. 2009 sf
Published:
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Attest:
cam_
Diane Robertson, City Cle
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