G45-12 L
Ordinance No. G45-12
AN ORDINANCE AMENDING THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G69-09
(Bowes Creek Country Club - 238 Villa Lots)
(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 as amended by
Ordinance No. G69-09; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G69-09;
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
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 & Zoning 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 June 4, 2012, made by the Planning & Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G69-09 entitled "An Ordinance Amending the PSFR2
Planned Single Family Residence District", passed December 16, 2009, be and is hereby
amended only as set forth in this ordinance as follows:
A. That section 3G thereof entitled "Site Design" is hereby amended by adding new
subsections 5d and 5e thereto to read as follows:
"5d. Additional Rear Yard Setback Encroachments. Pergolas,
retractable awnings and other similar structures attached to a house may
encroach a maximum of twelve (12) feet into the required rear yard
building setback of twenty (20) feet for all 238 Villa Lots.
5e. Additional Interior Setback Encroachments. Patios, sheds, decks
below four (4) feet in height and other similar obstructions subject to the
interior setback will be allowed to encroach two (2) feet into the interior
setback for all 238 Villa Lots.
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Any such encroachments referred to in subsection 5d or 5e shall also be
• subject to the following additional provisions:
(1) Substantial conformance to the Bowes Creek Country Club Villas
Collection Exhibit, Sheet 1 of 1, prepared by ESE Consultants, Inc.
dated December 16, 2011.
(2) The authorized encroachment shall be restricted to the 238 Villa
Lots.
(3) Compliance with all other applicable codes and ordinances."
Section 3. That except as specifically amended herein, Ordinance No. G69-09 shall
remain in full force and effect.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
ti
David J. K ain, ayor
Presented: August 8, 2012
• Passed: August 8, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 8, 2012
Published: August 10, 2012 JIM
Attest:
Kimberly Dewis, Clity Clerk
•
�. June 4, 2012
FINDINGS OF FACT
Planning & Zoning Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 19-12 Requesting a Fifth Amendment to the Annexation Agreement, and
an Amendment to the Planned District Ordinance G69-09, to Permit Accessory Structures Attached
to the Principal Building of Certain Properties to Encroach into the Required Rear Yard Setback, for
the Residential Subdivision known as Bowes Creek; Property Located at 3600 Bowes Road, by the
Bowes Creek Active Adult Master Association, Inc., as Applicant, and Toll Brothers, Inc., as
Owner.
GENERAL INFORMATION
Requested Action: Fifth Amendment to Annexation Agreement
Amendment to Ordinance No. G69-09
Current Zoning: PSFR2 Planned Single Familv Residence District
Existing Use: Residential
Property Location: 3600 Bowes Road
Applicant: Bowes Creek Active Adult Master Association
Owner: Toll Brothers. Inc.
Staff Coordinator: Dave Waden. Senior Planner
LIST OF EXHIBITS
A. Aerial/Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Site Photo (see attached)
E. Statement of Purpose and Attachments (see attached)
• F. Draft PSFR2 Ordinance (see attached)
Exhibit A
Findings of Fact Planning & Zoning Commission
• Pet. 19-12 June 4, 2012
BACKGROUND
An application has been filed by the Bowes Creek Active Adult Master Association, requesting a
fifth amendment to the annexation agreement and an amendment to the planned district ordinance
G69-09. The property is located at 3600 Bowes Road (reference attached Exhibits A, B, C, and D).
The Bowes Creek Country Club subdivision was annexed to the City of Elgin in February of 2001.
The subdivision contains approximately 608 acres of land area. The developer received approval to
develop the subject property with 936 dwelling units and an 18-hole championship golf course.
The applicant is requesting approval for pergolas, retractable awnings and other similar structures
attached to the house to encroach up to .12 feet within the required 20-foot rear building setback of
the Villa Lots. The structures mentioned above will serve the practical purpose of providing shade
and add additional appeal and value to the homes. The applicant is requesting an amendment to the
PSFR2 Planned Single Family Residence District Ordinance to permit these types of structures to
encroach into the required rear yard building setback. Features such as patios, sheds, decks below 4
feet in height, and other similar obstructions subject to the interior setback will be allowed to
encroach.2 feet into the interior setback. The encroachment of the structures listed above will be
restricted to the Villa lots, 237 (25%) of the 936 total dwelling units (reference attached Exhibits E,
and F).
FINDINGS
After due notice, as required by law, the Planning & Zoning Commission held a public hearing in
consideration of Petition 19-12 on June 4, 2012. The Community Development Department
testified at the public hearing and presented documentary evidence in support of the application.
No objectors spoke at the public hearing. The Community Development Department submitted a
Planned Development Review, dated May 30, 2012.
The Planning & Zoning Commission has made the following findings:
The Bowes Creek Country Club Active Adult Villa Lots consist of 237 lots. These lots are typically
designed with a lot area of 5,355 square feet, a lot width of 51 feet and lot depth of 105 feet. The
rear yard-building setback for these lots is 20 feet.
The applicant is requesting a maximum encroachment of 12 feet into the rear yard building setback
of 20 feet for all 237 Villa lots.
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. Bowes
Creek Country Club Subdivision was approved in 2001, with a number of departures from the
• standard requirements of the zoning and subdivision regulations.
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Findings of Fact Planning & Zoning Commission
�• Pet. 19-12 June 4, 2012
The applicant is requesting the following departure from the requirements of Ordinance G69-09
entitled "An Ordinance Amending the PSFR2 Planned Single Family Residence District Ordinance
No. G12-05 (Bowes Creek Country Club— 3600 Bowes Road)":
• Site Design Section 5.c. Rear Setback. The zoning ordinance requires a rear-building
setback of twenty (20) linear feet from a rear lot line. The developer is requesting a
departure to allow pergolas, retractable awnings and other similar structures attached to the
house a maximum encroachment of 12 feet into the rear yard building setback of 20 feet for
all 237 Villa lots.
• Site Design Section 5.d. Interior Setback. The zoning ordinance requires a building
setback from a interior lot line of ten (10) linear feet. The developer is requesting a departure
to allow patios, sheds, decks below four (4) feet in height and other similar obstructions
subject to the interior setback will be allowed to encroach two (2) feet into the interior
setback for all 237 Villa lots.
SUMMARY OF FINDINGS UNRESOLVED ISSUES AND ALTERNATIVES
The Planning & Zoning Commission has developed or identified the following findings, unresolved
issues and alternatives:
<< • A. Summary of Findings:
Positive attributes: Allowing pergolas, retractable awnings and other similar structures
attached to the house to encroach up to 12 feet within the required 20-foot rear building
setback of the Villa Lots, will serve the practical purpose of providing shade and add
additional appeal and value to the homes.
B. Summary of 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.
RECON"VIENDATION
The Planning & Zoning Commission hereby recommends the approval of Petition 19-12. On a
motion to recommend approval, subject to the following conditions, the vote was three (3) yes and
two (2) no:
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Findings of Fact Planning & Zoning Commission
Pet. 19-12 June 4. 2012 -
Respectfully Submitted;
s/Robert Siliestrom
Robert Siljestrom, Chairman
Planning and Development Commission
s/ Sarosh Saher
Sarosh Saher; Secretary
Planning and Development Commission
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