G62-18 Ordinance No. G62-18
AN ORDINANCE
AMENDING ORDINANCE NO. G1-08 RECLASSIFYIN TERRITORY IN THE PSFR2
PLANNED SINGLE FAMILY RESIDENCE DISTRICT O A NEW PSFR2 PLANNED
SINGLE FAMILY RESIDENCE D STRICT
(Tall Oaks Subdivision Unit )
WHEREAS, written application has been made to rec assify certain property part of Tall
Oaks Subdivision from PSFR2 Planned Single Family esidence District established by
Ordinance No. G14-04, as amended in its entirety by Ordi ance No. G1-08 to a new PSFR2
Planned Single Family Residence District; and
WHEREAS, certain property is known commonly own as Tall Oaks Unit 3, and is
legally described herein (the "Subject Property"); and
WHEREAS,the Planning and Zoning Commission co o ducted a public hearing concerning
said application on September 10, 2018 following due notice ncluding by publication; and
WHEREAS, the Community Development Depart ent and the Planning and Zoning
Commission have submitted their Findings of Fact concernin; said application; and
WHEREAS, the Community Development Depart ent and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Ill nois, has reviewed the findings and
recommendations of the Community Development Depart ent and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and . a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned
development as a map amendment from PSFR2 Planned Single Family Residence District
established by Ordinance No. G14-04, as amended in its en irety by Ordinance No. G1-08 to a
new PSFR2 Planned Single Family Residence District pert& s to the government and affairs of
the city.
NOW, THEREFORE, BE IT ORDAINED BY THE 1 ITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of I lgin hereby adopts the Findings of
Fact,dated September 10, 2018, and the recommendations m.de by the Community Development
Department and the Planning and Zoning Commission, a c.py of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07 Zoning Districts, S ction 19.08.020 entitled "Official
Zoning District Map"of the Elgin Municipal Code, as amende , be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter 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:
THAT PART OF SECTION 13, TOWNSHIP 41 N RTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN AND PART O SECTION 18, TOWNSHIP 41
NORTH,RANGE 8 EAST OF THE THIRD PRINCI L MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSEC ION OF THE SOUTH LINE OF
GANSETT PARKWAY OF TALL OAKS SUBDIVISION, UNIT ONE, ACCORDING
TO THE PLAT THEREOF RECORDED NOVEMB R 18, 2005 AS DOCUMENT NO.
2005K139365 AND CERTIFICATE OF CORRECTI N RECORDED APRIL 20, 2007
AS DOCUMENT NO.2007K043334,WITH THE CE TER LINE OF RUSSELL ROAD;
THENCE NORTH 00 DEGREES 45 MINUTES 26 SECONDS EAST ALONG SAID
CENTER LINE, 140.01 FEET TO THE MOST NORTHERLY CORNER OF SAID
UNIT; THENCE THE FOLLOWING 6 COURSES ALONG THE NORTH LINE OF
SAID UNIT ONE; 1) THENCE NORTH 89 DEG' ES 53 MINUTES 57 SECONDS
EAST, 60.01 FEET; 2) THENCE SOUTH 44 DEG' ES 40 MINUTES 19 SECONDS
EAST, 70.19 FEET; 3) THENCE NORTH 89 DEG' ES 53 MINUTES 57 SECONDS
EAST, 16.28 FEET; 4) THENCE SOUTH 88 DEG' ES 34 MINUTES 00 SECONDS
EAST, 373.33 FEET; 5) THENCE NORTH 89 DEG ES 53 MINUTES 57 SECONDS
EAST, 311.69 FEET TO A POINT OF CURVA URE; 6) THENCE EASTERLY
ALONG A CURVE CONCAVE SOUTHERLY HAV NG A RADIUS OF 1040.00 FEET,
AN ARC LENGTH OF 454.42 FEET, A CHORD B:ARING SOUTH 77 DEGREES 35
MINUTES 00 SECONDS EAST AND A CHORD DI'.TANCE OF 450.82 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 25 DE tREES 01 MINUTES 54 SECONDS
EAST, 777.00 FEET TO A POINT OF CURV i TURE; THENCE NORTHERLY,
NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 130 00 FEET, AN ARC LENGTH OF
204.20, A CHORD BEARING NORTH 70 DEG' ES 01 MINUTES 54 SECONDS
EAST AND A CHORD DISTANCE OF 183.85 FEE ; THENCE SOUTH 64 DEGREES
58 MINUTES 06 SECONDS EAST, 56.96 FEET; T ENCE NORTH 27 DEGREES 30
MINUTES 25 SECONDS EAST, 427.85 FEET; T 'ENCE NORTH 25 DEGREES 12
MINUTES 18 SECONDS EAST, 19.75 FEET; T ENCE SOUTH 64 DEGREES 58
MINUTES 06 SECONDS EAST, 118.29 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 90.10 FEET, AN ARC LENGTH OF
89.33 FEET, A CHORD BEARING OF NORTH 58 DEGREES 03 MINUTES 25
SECONDS EAST AND A CHORD DISTANCE OF 85.71 FEET; THENCE NORTH 25
DEGREES 01 MINUTE 54 SECONDS EAST, 12:.94 FEET; THENCE SOUTH 64
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DEGREES 58 MINUTES 06 SECONDS EAST, 12 .00 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 11 .00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 48.50 FEET; THENCE NORTH 25
DEGREES 01 MINUTE 54 SECONDS EAST, 1191.00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 120.29 FEET; THENCE SOUTH 44
DEGREES 02 MINUTES 43 SECONDS EAST, 100.45 FEET; THENCE SOUTH 12
DEGREES 15 MINUTES 04 SECONDS EAST, 11 .48 FEET; THENCE SOUTH 19
DEGREES 32 MINUTES 36 SECONDS WEST, 6 .21 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 43 .97 FEET; THENCE NORTH 64
DEGREES 58 MINUTES 06 SECONDS WEST, 11 .00 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 12 .00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 39.51 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 90.110 FEET, AN ARC LENGTH OF
72.21 FEET, A CHORD BEARING OF SOUTH 41 DEGREES 58 MINUTES 58
SECONDS EAST AND A CHORD DISTANCE OF '0.29 FEET; THENCE NORTH 71
DEGREES 00 MINUTE 10 SECONDS EAST, 35 18 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 131 .00 FEET TO THE WESTERLY
LINE AND SOUTHERLY EXTENSION THEREO OF A PARCEL DESCRIBED IN
TRUSTEE'S DEED RECORDED AUGUST 4, 1998 ' S DOCUMENT NO. 98K069237,
SAID LINE BEING ALSO THE WEST LINE OF I ST POINT GARDENS PHASE 1
ACCORDING TO THE PLAT THEREOF REC 0 RDED AUGUST 18, 2006 AS
DOCUMENT NO. 2006K091077; THENCE SOUT 1 25 DEGREES 01 MINUTES 54
SECONDS WEST ALONG SAID WESTERLY L 1E AND ITS SOUTHWESTERLY
PROJECTION, 787.00 FEET TO THE NORTHEA`TERLY CORNER OF GANSETT
PARKWAY OF SAID TALL OAKS SUBDIVISION UNIT ONE; THENCE NORTH 64
DEGREES 58 MINUTES 06 SECONDS WEST AL I NG THE NORTH LINE OF SAID
GANSETT PARKWAY, 1078.23 FEET TO A PO I T OF CURVATURE; THENCE
WESTERLY ALONG A CURVE CONCAVE SOU HERLY HAVING A RADIUS OF
1040.00 FEET, AN ARC LENGTH OF 1.77 FEET, . CHORD BEARING OF NORTH
65 DEGREES 01 MINUTES 02 SECONDS WEST A D A CHORD DISTANCE OF 1.77
FEET TO THE POINT OF BEGINNING, IN THE C TY OF ELGIN, KANE COUNTY,
ILLINOIS.
Such areas legally described above and depicted on th- attached Zoning Exhibit Tall Oaks
Unit 3,prepared by Mackie Consultants, LLC, dated ' ugust 24, 2018, last revised August
29, 2018, and designated in the PSFR2 Planned Sing!, Family Residence District.
Section 3. That the City Council of the City of El14in hereby grants the rezoning from
PSFR2 Planned Single Family Residence District to a n•w PSFR2 Planned Single Family
Residence District the property described in Section 2, whic shall be designed, developed, and
operated subject to the following provisions:
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A. Purpose and Intent. The purpose of the PSF Planned Single Family Residence •
District is to provide a planned urban residenti 1 environment of moderate density
for single-family detached dwellings, subject o the provisions of Chapter 19.60
"Planned Developments" of the Elgin Munic pal Code, as amended. A PSFR2
zoning district is most similar to, but departs fr m the standard requirements of the
SFR2 zoning district.
B. Supplementary Regulations. Any word or pi ase contained herein, followed by
the symbol"[SR]", shall be subject to the defin tions and the additional interpretive
requirements provided in Chapter 19.90"Suppl-mentary Regulations",of the Elgin
Municipal Code,as amended. The exclusion o such symbol shall not exempt such
word or phrase from the applicable supplemen nary regulation.
C. General Provisions. In this PSFR2 Planned S ngle Family Residence District,the
use and development of land and structures s all be subject to the provisions of
Chapter 19.05 "General Provisions", of the Elvin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PSF' Planned Single Family Residence
District, the use and development of land an. structures shall be subject to the
provisions of Chapter 19.07 "Zoning District", of the Elgin Municipal Code, as
amended.
E. Location and Size of District. PSFR2 Planne• Single Family Residence Districts
should be located in substantial conformance o the official comprehensive plan.
The amount of land necessary to constitute a separate PSFR2 Planned Single
Family Residence District exclusive of rights .f way, but including adjoining land
or land directly opposite a right of way shall of be less than two (2) acres. No
departure from the required minimum size of : planned industrial district shall be
granted by the City Council.
F. Land Use. In this PSFR2 Planned Single F. ily Residence District, the use and
development of land and structures shall be bject to the provisions of Chapter
19.10 "Land Use", of the Elgin Municipal I ode, as amended. The following
enumerated "land uses" [SR] shall be the onl land uses allowed as a "permitted
use" [SR] or as a "conditional use" [SR] in his PSFR2 Planned Single Family
Residence District:
1. Permitted Uses. Those land uses enum rated as permitted uses within the
SFR2 Single Family Residence District, Se tion 19.25.330 A.,Land Use,of the
Elgin Municipal Code, as it may be amen. -d from time to time.
2. Conditional Uses. Those land uses enum:rated as conditional uses within the
SFR2 Single Family Residence District, S. tion 19.25.330 B., Land Use,of the
Elgin Municipal Code, as it may be amen. -d from time to time.
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G. Site Design. In this PSFR2 Planned Single Fily Residence District, the use and
development of land and structures shall be s bject to the provisions of Chapter
19.12, "Site Design", of the Elgin Municipal C e de, as amended, Section 19.25.335
"Site Design" for SFR2 Single Family Reside ce District, of the Elgin Municipal
Code,as amended,except as provided within th's section,and shall be in substantial
conformance with the following:
1. Lot Area. In this PSFR2 zoning district, he minimum required "zoning lot
area" [SR] shall be seven thousand four hu dred thirty four(7,434) square feet
per dwelling unit. The minimum required 1 t area for a zoning lot shall be nine
thousand six hundred seventy six(9,676) s are feet for all "through lots" [SR]
and for all "corner lots" [SR].
2. Lot Width. In this PSFR2 zoning district, the minimum required "lot width"
[SR] for a zoning lot shall be sixty three(631 linear feet. The minimum required
lot width for a zoning lot shall be eighty twe (82) linear feet for corner lots.
3. Setbacks by Lot Line. In this PSFR2 zo ing district, the minimum required
"building" [SR] "setbacks" [SR] for a zoni g lot shall be as follows:
1. Street Setback: The minimum require d setback for a building from a
"limited access street" [SR], "arterial s reet" [SR], "major collector street"
[SR], "collector street" [SR], or "local .treet" [SR] "lot line" [SR] shall be
as follows:
Local Street: Where a zoning lot has fro tage on a local street,the minimum
required setback for a building from a st eet lot line shall be twenty five(25)
linear feet.
2. Side Setback: The minimum required b ilding setback from a"side lot line"
[SR] shall be six (6) linear feet. The c mbined width of the side setbacks
from the side lot lines shall not be less han twelve (12) linear feet.
3. Interior Setback: The minimum require building setback from an "interior
lot line" [SR] shall be six (6) linear fee .
4. Rear Setback: The minimum required b ilding setback from a"rear lot line"
[SR] shall be thirty(30) linear feet.
4. Substantial conformance to the Developnent Application submitted by Tall
Oaks Investment, LLC c/o Richard Guerard and D. R. Horton, Inc.-Midwest
c/o Omar A. Rodriguez Caballero or Danielle Dash, as applicants and property
owners, received May 15, 2018, and supe rting documents including:
a. Undated First Amendment to Rider Sta ement of Purpose and Conformance
Amendment to Annexation Agree ent and to existing Planned
Development Districts, received Septe ber 6, 2018;
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b. Proposed Temporary Sales and Marketi g Signage Plan, dated October 10,
2018, received October 19, 2018, and dated representative model sales
signage package, prepared by Parvi Clauss Sign Company, received
October 19, 2018;
c. ALTA/ACSM Land Title Survey, prep: ed by Mackie Consultants, LLC,
dated March 23, 2015, last revised Feb ary 3, 2016;
d. Zoning Exhibit Tall Oaks Unit 3, prep: ed by Mackie Consultants, LLC,
dated August 24, 2018, last revised Au:ust 29, 2018;
e. Final Plat of Subdivision Tall Oaks Unit 3,prepared by Mackie Consultants,
LLC, dated May 11, 2018, last revised 11 ctober 30, 2018;
f. Landscape Plan Tall Oaks Unit 3, prep; ed by Gary R. Weber Associates,
Inc., dated May 8, 2018, last revised November 12, 2018;
g. Final Engineering Plans for Tall Oak. - Unit 3 City of Elgin, Illinois,
prepared by Mackie Consultants, LLC, dated May 10, 2018, last revised
November 26, 2018;
h. Storm Sewer Ownership Exhibit Tall •aks-Unit 3 Elgin, Illinois, prepared
Mackie Consultants, LLC, dated Septe ber 18, 2018.
In the event of any conflict between suc n documents and the terms of this
ordinance or other applicable city ordin. es, the terms of this ordinance or
other applicable city ordinances shall supe .ede and control.
5. The design, and construction and maint-nance for all homes shall be in
conformance with the Residential Area D esign Guidelines for single family
homes as set forth in Appendix A to the 2018 Comprehensive Plan for the City
of Elgin. Developer shall submit architec ural plans for all homes, including
to-scale floor plans and elevations for eac side of the home, for review and
approval by the City's Development Adm nistrator prior to the issuance of a
building permit for a home. Notwithstandi g provisions within the Residential
Area Design Guidelines, vinyl siding shall 1 of be a permitted primary building
material. Architectural plans found by th= Development Administrator not to
conform to such Residential Area Design 1 uidelines may only be approved as
an amendment to the Annexation Agr,ement and planned development
ordinance relating to Unit 3.
6. The applicant shall install a 6-foot high wh to PVC privacy fence in substantial
compliance to the "Fence Exhibit" dated ctober 16, 2018 along the rear lot
lines of Lots 82, 83, 84, 85 and 86 backin up to US Route 20. The same type
of 6-foot high white PVC privacy fence in ubstantial compliance to the"Fence
Exhibit"dated October 16, 2018, shall be t e only type of fence permitted to be
installed, and must be maintained as such, along the side and rear lot lines of
Lots 1,2,3,4, 5,6, 7, 8, 9, 10, 11 and 106 b cking up to and adjacent to Gansett
Parkway.
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7. Compliance with all applicable codes and a rdinances.
H. Off Street Parking. In this PSFR2 Planned Si gle Family Residence District,off-
street parking shall be subject to the provis ons of Chapter 19.45 "Off Street
Parking", of the Elgin Municipal Code, as ame ded.
Off Street Loading. In this PSFR2 Planned Si gle Family Residence District,off-
street loading shall be subject to the provis ons of Chapter 19.47 "Off Street
Loading", of the Elgin Municipal Code, as aim nded.
J. Signs. In this PSFR2 Planned Single Famil Residence District, signs shall be
subject to the provisions of 19.50 "Street Grap ics", of the Elgin Municipal Code,
as amended.
K. Nonconforming Uses and Structures. In t is PSFR2 Planned Single Family
Residence District, nonconforming uses and structures shall be subject to the
provisions of Chapter 19.52 "Nonconformin: Uses and Structures" of the Elgin
Municipal Code, as amended.
L. Amendments. In this PSFR2 Planned Single Family Residence District, text and
map amendments shall be subject to t e provisions of Chapter 19.55
"Amendments" of the Elgin Municipal Code, .s amended
M. Planned Developments. In this PSFR2 Plann;d Single Family Residence District,
the use and development of the land and struct es shall be subject to the provisions
of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as
amended. A conditional use for a planned de elopment may be requested by the
property owner without requiring an amendm:i t to this PSFR2 zoning district.
N. Conditional Uses. In this PSFR2 Planned Single Family Residence District,
conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional
Uses", of the Elgin Municipal Code, as am nded. A conditional use may be
requested by the property owner without req iring an amendment to this PSFR2
zoning district.
O. Variations. In this PSFR2 Planned Single F.; ily Residence District, variations
shall be subject to the provisions of Chapte 19.10.500 "Authorized Land Use
Variations", Chapter 19.12.800 "Authorized Ste Design Variations", and Chapter
19.70"Variations", of the Elgin Municipal Co m e, as amended. A variation may be
requested by the property owner without req iring an amendment to this PSFR2
zoning district.
P. Subdivisions — Generally. The subdivis on of the Subject Property and
development thereof shall comply with the s 'division regulations of the city, as
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amended,and the Plat Act of the State of Illinoi Prior to building permit issuance,
for each building or structure proposed to be bu It within the planned development,
a soils suitability and bearing capacity test sh 1 be performed as required by the
City Engineer and the Development Administr.tor.
Q. Buildings—Required Improvements. In addit on to those building improvements
required by Title 16 of the Elgin Munici.al Code, the following building
improvements shall also be required:
1. All sanitary sewer shall be overhead se ers.
2. All structures containing sump pits . • pumps shall have separate lines
connecting the sump pump to the sto sewer as required by the City
Engineer and the Development Admini•trator.
R. Appeals. Any requirement, determination, o 1 interpretation associated with the
administration and enforcement of the provisio s of this ordinance may be appealed
subject to the provisions of Chapter 19.75 "Ap•eals",of the Elgin Municipal Code,
as amended.
Section 4. The provisions of this ordinance shall apply to the portion of the subject
property legally described in and subject to the terms of the econd Amendment to Annexation
Agreement for the subject property.
Section 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law. /
• /
II( '1J7 .'�4_. �:�
Davin J. Kap ,M. or
Presented: December 5, 2018
Passed: December 5, 2018
Vote: Yeas: 8 Nays: 0 0.001" °:.'_ ,
Recorded: December 5, 2018 M4., < .
Published: December 7, 2018 '`' ` ^�_"'
-.
• CJs ' r • ,
At es . _lk �,� .t,
a(/‘(' , .,-)11! ,',_1-___ ....,.-7,.r.r.,;
Kimberly Dewis, C• , Clerk
•
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EXHIBIT A
September 10, 2018
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petitions 18-, 19-, 20-, and 21-18
an application by Tall Oaks Investment, LLC c/o Richard Guerard(Unit 3)and D. R. Horton, Inc.-
Midwest do Omar A. Rodriguez Caballero or Danielle Dash (Unit 5), as applicants and property
owners, are requesting further amendment to the annexation agreement, a map amendment
(specifically further amending the planned development ordinances), an amendment to the
preliminary plat, and final plat and final engineering approval for Unit 3 and Unit 5 of Tall Oaks
Subdivision, all at the property commonly referred to as 101 Russell Road. The property is zoned
PSFR2 Planned Single Family Residence District, PCF Planned Community Facility District and
PMFR Planned Multiple Family Residence District.
GENERAL INFORMATION
Petition Number: 18-, 19-, 20-, and 21-18
Property Location: 101 Russell Road
Requested Action: Amendment to the Annexation Agreement, Map Amendments to
PSFR2 Ordinance No. G01-08, PCF Ordinance No. G2-08, and
PMFR Ordinance No. G3-08, Preliminary and Final Plats for Unit 3
and Unit 5
Current Zoning: PSFR2 Planned Single-Family Residence District,
PMFR Planned Multiple-family Residence District, and
PCF Planned Community Facility District
Proposed Zoning: New PSFR2 Planned Single-Family Residence District,
PMFR Planned Multiple-family Residence District, and
PCF Planned Community Facility District
Existing Use: Vacant, undeveloped
Proposed Use: Single-family residences, Multiple-family residences, and open
Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
space
Applicant: Tall Oaks Investment, LLC and D.R. Horton, Inc.-Midwest
Owner Tall Oaks Investment, LLC and D.R. Horton, Inc.-Midwest
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinances and Resolutions
BACKGROUND
Tall Oaks Investment,LLC c/o Richard Guerard(Unit 3)and D.R.Horton, Inc.-Midwest c/o Omar
A. Rodriguez Caballero or Danielle Dash (Unit 5), as applicants and property owners, are
requesting further amendment to the annexation agreement,a map amendment(specifically further
amending the planned development ordinances), an amendment to the preliminary plat, and final
plat and final engineering approval for Unit 3 and Unit 5 of Tall Oaks Subdivision, all at the
property commonly referred to as 101 Russell Road.
The 201.37-acre Tall Oak subdivision is generally located south of US Route 20 and east of Russell
Road. On the east, the subdivision is adjacent to the West Point Gardens subdivision. Areas
adjacent to the north,west and south of the subdivision remain unincorporated Kane County.Areas
to the north and west are generally vacant and used for farming with several single-family homes
located immediately to the north along Russel Road, while the Montague Forest single-family
home subdivision is located adjacent to the south.
Tall Oaks subdivision was annexed to the City in 2004. At the time of annexation, the subdivision
was approved for a total of 323 single-family homes (1.65 du/acre)with several open space areas.
In 2008, as part of the first amendment to the annexation agreement, 5.3 acres of land were added
to the subdivision, and the approval was amended to include a total of 101 townhomes and 305
single-family homes (2.01 du/acre). The applicants are seeking further amendment to facilitate
development in the last remaining Unit 3 and Unit 5 (Units 1, 2, and 4 are under construction),
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
which would increase the total number of townhomes to 123 and the total number of single-family
homes to 334 (2.26 du/acre). This density remains well under the amount recommended by the
comprehensive plan (2.5 to 3.0 du/acre).
611hA FAX,
UNIT 3
41t C.P5'
191,
UNIT5 ®P Fr
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Figure 2.Plan for Tall Oaks Subdivision following the 2008 amendment
Tall Oaks Unit 3
The applicant requests final approval for 36.9-acre, Unit 3 of Tall Oaks Subdivision with an
increase in the number of single-family homes from the previously approved 77 single-family
home lots to 106 single-family lots. Unit 3 also includes seven outlots (9.1 acres) of parks and
open space for stormwater management. This amount includes Outlot 113 (47,824 square feet)
along US Route 20 that is plated as an outlot for future conveyance to Illinois Department of
Transportation(IDOT)for US Route 20 widening.The internal street layout is substantially similar
to the previously approved layout, but is improved to provide better connectivity to Unit 5 to the
west.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
GENERAL NOTES
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Figure 3. Tall Oaks Unit 3 Landscape Plan
The proposed single-family home lots in Unit 3 are smaller than the previous approval to make the
project more feasible and to meet the current market demand for smaller homes. That being said,
the proposed lots are still bigger than the single-family lots immediately to the east in West Point
Gardens (60-foot wide lots) and are the same size as the single-family lots in West Point Gardens
South.
The typical lot size in Unit 3 would be 63 feet wide by 118 feet long (7,434 square feet). The
previously approved lot size, which is found in Unit 1 and Unit 2 south of Gansett Parkway, is 80
feet wide by 125 feet deep(10,000 square feet). As a result of the narrower lots, the proposed side
yard setbacks are reduced from ten feet to six feet. More importantly though, the homes in Unit 3
would maintain the same minimum street yard setback of 25 feet and minimum rear yard setback
of 30 feet as was previously approved and what is found in existing Units 1 and 2.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
A summary of the proposed changes to the lot sizes and site design regulations are provided in the
table below:
Requirement Previously approved PSFR2 Proposed PSFR2 District for
District (existing Unit 1 and Unit 3
Unit 2)
Lot Area Min. 10,000 sq. ft. 7,434 sq. ft.
(12,000 sq. ft. corner lot) (9,676 sq. ft. corner lot)
Lot Width Min. 75 ft. 63 ft.
(90 ft. corner lot) (82 ft. corner lot)
Street Setback 25 ft. 25 ft.
Rear Setback 30 ft. 30 ft.
Side Setback 10 ft. 6 ft.
Interior Setback 10 ft. 6 ft.
Combined Side 20 ft. 12 ft.
Setback
A new PSFR2 Planned Single Family Residence District would be established for Unit 3 to reflect
the new lot size and site design requirements. The proposed parks and open space areas would be
zoned the same PCF Planned Community Facility District found in other parts of the subdivision
in Unit 1 and Unit 2. Public sidewalks, street trees, and street lights are provided as required by
the subdivision ordinance, and a ten-foot wide,multi-purpose trail is provided along US. Route 20
terminating at the east and west property lines for future connections on adjacent properties.
Tall Oaks Investment, LLC has not identified a specific builder or specific model homes for Unit
3. At the time of building permit review for the construction of the single-family homes in Unit 3,
staff will review the proposed model plans and elevations to ensure they conform to the 2018
Comprehensive Plan and Design Guidelines for the Elgin's Growth Area (formerly known as the
Far West Area of Elgin). If the model home floor plans or elevations do not conform to the design
guidelines, the plans would have to be reviewed by the Planning and Zoning Commission with
final approval by the City Council as an amendment to the approved annexation agreement and
planned development plans. Figure 4 (below) provides an example of homes built in Elgin on 63-
foot wide lots. These houses are currently under construction by M/I Homes in the West Point
Gardens South subdivision and conform to the city design guidelines.
- 5 -
Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
a - _ , \ in 'n
itt
Figure 4. Representative elevations of homes on 63-fot wide lots currently under construction by Mi?Homes in
West Point Gardens South Subdivison
Tall Oaks Unit 5
The proposed 10-acre, Unit 5 of Tall Oaks Subdivision would include 86 townhomes in 16
buildings whereas the previously approved plan for Unit 5 included 65 units in 12 buildings. The
developer for Unit 5, D.R. Horton Inc., is constructing townhomes in Unit 4 of Tall Oaks
Subdivision, immediately to the west. As such, the townhomes in Unit 5, which meet the
residential guidelines of the recently adopted 2018 Comprehensive Plan, would be the same as
those constructed in Unit 4.
The proposed buildings are a mix of 4-, 5-, and 6-unit buildings with rear-loading, attached, two-
car garages for each unit. All buildings and units would face public streets and would maintain the
same street setback as in Unit 4. The attached rear garages would be accessed from private
driveways. Extensive landscaping is provided throughout the neighborhood to screen the internal
driveways and to provide a buffer to the single-family home neighborhood (Unit 3) to the east.
Unit 5 also includes a dog park on the north end of the subdivision as an amenity for the residents
of Tall Oaks Subdivision.
Because of smaller unit sizes and a more-efficient overall site plan, the amount of open space
proposed is more(and the amount of impervious surface is less than)that amount provided in 2008
amendment.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
elk
•
EJ ■m 111'
11111 ■® l i /l
1
Figure 5.Proposed townhome building in Unit 5
The proposed townhomes meet all requirements of PMFR Planned Multiple Family Residence
District established by Ordinance G3-08 and the layout of the townhome buildings is consistent
with the layout of the recently completed townhomes in Unit 4 adjacent to the west.
The Community Development Department offers the following additional information:
A. Property History. Tall Oaks Subdivision property was annexed to the city in 2004. The
196.07-acres of land were zoned PSFR1 Planned Single Family Residence District (estate
home portion), PSFR2 Single Family Residence District (conventional homes), and PCF
Planned Community Facility District for several park$ and open space. The subdivision
was approved for 323 single-family homes with a density of 1.65 du/acre.
In 2008, a 5.3-acre vacant property adjacent to the north was annexed and added to the
subdivision. At that time, Unit 4 and Unit 5, which were previously approved for single-
family homes, were rezoned to PMFR Planned Multiple-Family Residence District to
allow a total of 101 townhome units. The rezoning also resulted in the loss of some single-
family home lots. With the approved changes, the subdivision was planned to have a total
of 305 single-family homes and 101 townhome units (406 units total with density of 2.01
du/acre).
To date, 111 single-family homes and four townhouse buildings have been completed.
B. Surrounding Land Use and Zoning. The properties to the south and east are zoned
PSFR2 Planned Single Family Residence District and PCF Planned Community Facility
District. The properties to the east are part of West Point Gardens Subdivision, while the
properties to the south are part of Tall Oaks Subdivision (Units 1 and 2). The properties to
the west and to the north are located in unincorporated Kane County. Most properties are
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
used for agricultural purposes with several single-family residences on large lots while
several commercial uses are located along US Route 20.
C. Comprehensive Plan. The portion of the subject property proposed to be developed with
single-family homes in Unit 3 is designated as Single-Family Detached by the City's new
Comprehensive Plan and Design Guidelines adopted by the City Council on July 11,2018.
On the Residential Area Framework Plan, Unit 3 is designated as Single Family
Neighborhood.
The single-family detached land use includes smaller lot, single-family home lots typical
of eastern and central portions of the City as well as larger estates in more rural portions of
the City's western Growth Area. Within Elgin's historic core, isolated single-family
attached and small scale multi-family development may occur as a complement to single-
family development, but should respect the scale, intensity, and character of the
surrounding neighborhood. Densities should range from 1.5 to 6.5 du/ac. However, more
specifically, densities within the Residential Core area identified on the Residential Areas
Framework Plan should range from 4.0 to 6.5 du/ac; densities within Single-Family
Neighborhood should range from 2.5 to 3.0 du/ac; and densities within the Growth Area
Residential area should range from 1.5 to 2.5 du/ac. The density of Unit 3 alone is 2.87
du/acre.
Unit 5 is designated as Single-Family Attached by the City's new 2018 Comprehensive
Plan and Design Guidelines. On the Residential Area Framework Plan,Unit 5 is designated
as Single Family Attached/Multi-Family.
Single-Family Attached land use includes structures containing multiple single-family
dwellings, each sharing a common wall with at least one adjacent dwelling. These typically
comprise two-unit townhome and duplex units, but multiple unit rowhomes and triplexes
are also common in Elgin. Single-family attached development provides affordable
housing options for young families as well as empty—nesters looking to downsize but
remain within the Elgin community. Single-family attached development can be used to
buffer single-family detached residential areas from more intense commercial or multi-
family developments. This land use can also be used to increase the number of residents
living in areas well served by infrastructure and community assets such as Downtown
Elgin. Densities should range from 4 to 20 du/ac. Development on the lower end of this
range will consist primarily of duplexes, and development toward the higher end of this
range will be townhouses within the downtown and/or near mass transit. The density of
Unit 5 alone is 8.6 du/acre.
The overall density for the Tall Oaks Subdivision would increase from 2.01 du/acre to 2.26
du/acre.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
D. Zoning District. The property is zoned PSFR2 Planned Single Family Residence District
by Ordinance No. G 1-08, PCF Planned Community Facility District by Ordinance No. G2-
08, and PMFR Planned Multiple-Family Residence District by Ordinance No. G3-08.
The purpose and intent of the PSFR2 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.
The purpose and intent of the PCF District is to provide a planned environment for various
types of community facilities, subject to the provisions of Chapter 19.60 Planned
Development, 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 for profit or a not for profit basis. The PCF
District is most similar to, but departs from the standard requirements of the CF
Community Facility District.
The purpose and intent of the PMFR District is to provide a planned urban residential
environment of the lowest standardized density for multiple family detached 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.
E. Trend of Development. The subject property is located in the City's Established Growth
Area and Primary Growth Area. Most undeveloped areas, or areas formerly used for
farming purposes have, upon annexation to the City, been developed with single-family
residences or townhome residences, except for a developing commercial corridor along
U.S. Route 20 near Nesler Road. All surrounding properties are currently developed or are
zoned for single-family residential developments. The proposed development of Unit 3 and
Unit 5 of Tall Oaks Subdivision is consistent with 2018 comprehensive plan.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 18, 19-, 20-, and 21-18 on September 10, 2018. Testimony
was presented at the public hearing in support of and against the application. The Community
Development Department submitted a Planned Development Amendment Review and Written
Findings & Recommendation to the Planning& Zoning Commission dated September 10, 2018.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for map amendments
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
outlined within § 19.55.030, and the standards for planned developments outlined within §
19.60.040:
STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS
For consideration by the Planning & Zoning Commission, the Community Development
Department offers the below findings regarding the application against the standards for a map
amendment outlined within § 19.55.030, and a planned development outlined in § 19.60.040:
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features including
topography, watercourses and vegetation and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements.The Units 3 and 5 of Tall Oaks Subdivision are approximately 46.8
acres in area. This portion of Tall Oaks Subdivision is generally flat with little elevation
change. An existing stormwater detention facility is located on the northeast portion of
Unit 3 that would be modified and continue to serve the subdivision for stormwater
management purposes. The area is vacant and does not include any significant trees or
vegetation. With no existing improvements, the area is well suited for the proposed Unit 3
and Unit 5 of Tall Oaks Subdivision with appropriate connections to the other portions of
subdivision.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate Municipal water, wastewater treatment
and stormwater control facilities.
Findings. The subject property is suitable for the intended zoning district with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The applicant will install all necessary water, stormwater, and sanitary sewer facilities.
New water service lines will be provided within the street rights-of-way to service the
proposed single-family homes and townhomes. An existing stormwater detention facility
that services the subdivision is located immediately north of the proposed Unit 5
subdivision, and an existing stormwater detention facility is located in the northeast corner
of the proposed Unit 3 subdivision. The two stormwater facilities would be modified to
adequately serve the proposed subdivisions in addition to other stormwater facilities south
of Gansett Parkway that serve the remainder of Tall Oaks Subdivision. Importantly, the
amount of impervious surface within the Unit 5 is less than that amount approved in 2008.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district with respect to the provision of safe and efficient on-site and off-site
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
vehicular circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
population served without requiring traffic movements through or into a residential
neighborhood. Nonresidential land uses should not be located within residential
neighborhoods, but on their periphery as defined by the "arterial street"[SR] system.
2. The number of locations for vehicular access to or from a public right of way should be
limited to those which are necessary for the reasonable use of the property and
consistent with current traffic engineering standards. Property with two (2) street
frontages should not be permitted access to or from the street with the higher degree of
continuity within the overall street system or with the higher traffic volume. With the
exception of residential driveways, locations for vehicular access to or from a public
right of way should be aligned directly opposite existing or approved locations across
the street.
Findings. The subject property is suitable for the intended zoning district with respect to
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion.
The proposed Unit 3 and Unit 5 subdivisions have multiple points of access to Gansett
Parkway,which is a collector road, connecting to Nesler Road to the east and Russell Road
to the west.Neither Unit 3 nor Unit 5 have direct access to Route 20. All surrounding roads
can absorb the additional traffic anticipated from the additional 29 single-family homes in
Unit 3 and additional 21 townhomes within the proposed Unit 5. Recall that, in November
2015, the City approved an amendment in West Point Gardens South subdivision that
reduced the number of single-family homes by 24.
Tall Oaks subdivision and the surrounding area will continue to function with safe and
efficient on-site and off-site vehicular circulation with minimum traffic congestion.
Roadway impact fees required by both Kane County and the city will be collected to fund
future roadway improvements at the time of building permit review for each
home/townhome.
All single-family homes and townhomes would have at least two garage parking spaces
with additional parking available in the driveways. Parking for all proposed residential
dwelling units will be provided in conformance with the zoning ordinance requirements.
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district with respect to the length of time the property has remained undeveloped or unused
in its current zoning district.
Findings. The subject property is suitable for the intended zoning district with respect to
the length of time the property has remained undeveloped or unused in its current zoning
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
district. The majority of proposed Unit 3 and Unit 5 were annexed in 2004. A small 5-acre
portion of the proposed Unit 5 was annexed in 2008 when it was added to the subdivision.
The property has never been developed. Prior to the annexation to the City of Elgin, the
Unit 3 and Unit 5 areas were used for agricultural purposes.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land uses and zoning. Most surrounding
properties have been developed with single-family homes upon annexation to the city,
except for a developing commercial corridor along U.S. Route 20 near Nessler Road. Tall
Oaks Subdivision is located west of West Point Gardens Subdivision which is developed
with similar density townhomes and single-family homes. The surrounding land uses
located to the south and west are either improved with estate homes or are in agricultural
use in unincorporated Kane County. The proposed layout of Unit 3 and Unit 5 is consistent
with the preliminary plat for the subdivision approved in 2004.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The subject property is suited for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend of development
in the area. The subject property was annexed in 2004. Most surrounding properties that
have been annexed to the City west of Randall Road since early 2000s have been developed
with residential subdivisions which include both single-family residences and multiple-
family residences(townhomes). Developments in the last approximately 15 years that have
been approved by the City in the area of the subject property include West Point Gardens,
Sandy Creek Estates, Providence, and others.
G. Zoning/Planned Development District Standard: The suitability of the subject property
for the intended zoning district with respect to conformance to the provisions for the
purpose and intent, and the location and size of a zoning district.
Findings. The property is suitable for the intended zoning district with respect to
conformance to the provisions for the purpose and intent and the location and size of the
zoning district. The proposed Unit 3 is zoned PSFR2 District and PCF District.
The purpose and intent of the PSFR2 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
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the
standard requirements of the SFR2 Single Family Residential District.
Because the proposed single-family lots within Unit 3 generally have smaller lot areas and
lot widths than the previously approved Unit 1 and Unit 2 of Tall Oaks Subdivision, the
applicant is proposing a new separate PSFR2 District for Unit 3. A new PSFR2 District for
Unit 3 is appropriate considering typical lot width for lots in Unit 3 is approximately 63-
68 feet, while the lot widths in previously platted Units 1 and 2 range between 75 and 85
feet. Similarly, the minimum lot area in Unit 3 is 7,434 square feet while the minimum lot
area in Units 1 and 2 is 10,000 sq. ft. The single-family homes in Unit 3 would have a six-
foot side yard setbacks instead of the ten-foot wide setbacks required in Units 1 and 2 to
maintain the similar width of single-family homes. The front and rear yard setbacks would
match those in Units 1 and 2 with 25-foot front yard and 30-foot rear yard setback
requirements.
The proposed Unit 5 multiple-family residences (townhomes) would be zoned PMFR
Planned Single Family Residence District established by Ordinance No. G3-08. The
purpose and intent of the PMFR District is to provide a planned urban residential
environment of the lowest standardized density for multiple family detached 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.
The proposed multi-family buildings would match the existing multiple-family buildings
in the adjacent Unit 4 of Tall Oaks Subdivision. All new buildings within the Unit 5 would
also meet all bulk requirements established by Ordinance G3-08 including the minimum
20-foot building street yard setback and minimum 16-foot vehicle use area street yard
setback.
H. Comprehensive Plan Standard. The suitability of thi4 subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the goals, objectives, and policies of the Official Comprehensive Plan. The
subject property proposed to be developed with single-family homes in Unit 3 is designated
as Single-Family Detached by the City's new Comprehensive Plan and Design Guidelines
adopted by the City Council on July 11, 2018. On the Residential Area Framework Plan,
Unit 3 is designated as Single Family Neighborhood.
The Single-Family Detached land use includes smaller lot single-family typical of eastern
and central portions of the City as well as larger estates in more rural portions of the City's
western Growth Area. Within Elgin's historic core, isolated single-family attached and
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10,2018
small scale multi-family development may occur as a complement to single-family
development, but should respect the scale, intensity, and character of the surrounding
neighborhood. Densities should range from 1.5 to 6.5 du/ac. However, more specifically,
densities within the Residential Core area identified on the Residential Areas Framework
Plan should range from 4.0 to 6.5 du/ac; densities within Single-Family Neighborhood
should range from 2.5 to 3.0 du/ac; and densities within the Growth Area Residential area
should range from 1.5 to 2.5 du/ac. The density of Uni 3 alone is 2.87 du/acre.
The Unit 5 proposed to be developed with multiple}family residences (townhomes) is
designated as Single-Family Attached by the City's new 2018 Comprehensive Plan and
Design Guidelines.On the Residential Area Framework Plan,Unit 5 is designated as Single
Family Attached/Multi-Family.
Single-Family Attached land use includes structures containing multiple single-family
dwellings, each sharing a common wall with at least one adjacent dwelling.These typically
comprise two-unit townhome and duplex units, but multiple unit rowhomes and triplexes
are also common in Elgin. Single-family attached development provides affordable
housing options for young families as well as empty—nesters looking to downsize but
remain within the Elgin community. Single-family attached development can be used to
buffer single-family detached residential areas from More intense commercial or multi-
family developments. This land use can also be used to increase the number of residents
living in areas well served by infrastructure and community assets such as Downtown
Elgin. Densities should range from 4 to 20 du/ac. Development on the lower end of this
range will consist primarily of duplexes, and development toward the higher end of this
range will be townhouses within the downtown and/or near mass transit. The density of
Unit 5 alone is 8.6 du/acre.
The overall density for the Tall Oaks Subdivision would increase from 2.01 du/acre to 2.26
du/acre.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provision for the purpose and intent of planned developments and with respect to the
provisions of section 19.65.010 of the zoning ordinanc . No conditional use for a planned
development should be granted for the sole purpose of introducing a land use not otherwise
permitted on the subject property.
Findings.This standard is not applicable.The applicant is requesting approval of a planned
development as a map amendment.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
J. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the preservation of all significant natural features including topography,
watercourses, wetlands, and vegetation. The proposed Units 3 and 5 of Tall Oaks
Subdivision are approximately 46.8 acres in area. This portion of the Tall Oaks Subdivision
is generally flat with little elevation change. An existing stormwater detention facility is
located in the northeast portion of Unit 3 that would be modified to continue to serve the
subdivision for stormwater management purposes. The area is vacant and does not include
any significant trees or vegetation. With no existing improvements, the area is well suited
for the proposed Unit 3 and Unit 5 of Tall Oaks Subdivision with appropriate connections
to the other portions of subdivision.
No significant watercourses or wetlands are present on the property.
K. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted wi4hin the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or
on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or on surrounding
properties. The proposed Unit 3 would be developed with single-family residences, while
the proposed Unit 5 would be developed with multiple-family residences (townhomes).
The final plats for both Units 3 and 5 include an improved street network with more
connections between the two units. All proposed streets would be public streets with
unrestricted access.
In addition, single-family homes of Unit 3 are adjacent to the single-family homes in the
adjacent West Point Gardens subdivision to the east,while the proposed townhomes within
Unit 5 are adjacent to the existing townhomes of Tall Oaks Unit 4 immediately to the west.
The proposed plats for Unit 3 and Unit 5 are consistent with the preliminary plat of
subdivision approved in 2008.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is proposing a new PSFR2 Planned Single Family Residence District for Unit 3. The
applicant is requesting the following departures from the SFR2 District requirements of the zoning
ordinance:
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
1. Section 19.25.335, "Site Design". The proposed departures from the standard SFR2
District requirements are provided in the table below(current PSFR2 District requirements
established by Ordinance G 1-08 for Tall Oaks Unit 1 and Unit 2 are also provided for
reference below):
Requirement Standard SFR2 Previously approved Proposed PSFR2
district PSFR2 District District for Unit 3
requirements established by Ord.
No. G1-08 (existing
Unit 1 and Unit 2)
Lot Area Min. 10,000 sq. ft. 10,000 sq. ft. 7,434 sq. ft.
(12,000 sq. ft. corner (12,000 sq. ft. corner (9,676 sq. ft. corner lot)
lot) lot)
Lot Width Min. 75 ft. 75 ft. 63 ft.
(90 ft. corner lot) (90 ft. corner lot) (82 ft. corner lot)
Street Setback 30 ft. 25 ft. 25 ft.
Rear Setback 40 ft. 30 ft. 30 ft.
Side Setback 10 ft. 10 ft. 6 ft.
Interior Setback 10 ft. 10 ft. 6 ft.
Combined Side 20 ft. 20 ft. 12 ft.
Setback
Staff finds the proposed departures are appropriate and consistent with the overall residential
neighborhood density identified in the 2018 Comprehensive Plan and Design Guidelines. With the
reduced lot sizes and the resulting overall increase in the number of units within Tall Oaks
subdivision, the overall density for the subdivision would be 2.26 d.u./acre. This falls well below
the target densities in the Single-Family Neighborhood area, which should range from 2.5 to 3.0
du/acre, as specified by the 2018 Comprehensive Plan and Design Guidelines.
The proposed 63-foot wide lots with minimum lot area of 7,434 square feet are similar to the West
Point Gardens subdivision adjacent to the east. West Point Gardens Subdivision includes a mix of
townhomes and single-family homes, both front loading and rear loading (via an alley). Majority
of the single-family lots are 60-63 feet wide with an average loft size of 8,127 square feet.
It is worth noting that Unit 3 lots are located on the north side of Gansett Parkway. Other single-
family homes in the subdivision (Unit 1 and Unit 2) are located on the south side of Gansett
Parkway. Therefore, the somewhat denser neighborhood of Unit 3 would establish its own
neighborhood character without any impact on the existing character of Unit 1 and Unit 2
neighborhoods. Unit 3 also serves as a transition neighborhood being that it is adjacent to the
townhomes in Unit 4 and Unit 5 of Tall Oaks Subdivision.
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petitions 18-, 19-, 20-, and 21-18, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Tall Oaks
Investment, LLC c/o Richard Guerard and D. R. Horton, Inc.-Midwest c/o Omar A.
Rodriguez Caballero or Danielle Dash, as applicants and property owners, received May
15, 2018, and supporting documents including:
a. A letter regarding Tall Oaks Subdivision Units 3 and 5 from Peter C.Bazos, Esq.,dated
May 15, 2018;
b. Undated First Amendment to Rider Statement of Purpose and Conformance
Amendment to Annexation Agreement and to existing Planned Development Districts,
received September 6, 2018;
c. Undated representative model sales signage package, prepared by Parvin-Clauss Sign
Company, received September 6, 2018;
d. ALTA/ACSM Land Title Survey, prepared by Mackie Consultants, LLC, dated March
23, 2015, last revised February 3, 2016;
e. Zoning Exhibit Tall Oaks Unit 3,prepared by Mackie Consultants, LLC, dated August
24, 2018, last revised August 29, 2018;
f. Final Plat of Subdivision.Tall Oaks Unit 3, prepared by Mackie Consultants, LLC,
dated May 11, 2018, last revised August 24, 2018;'
g. Landscape Plan Tall Oaks Unit 3, prepared by Gary R. Weber Associates, Inc., dated
May 8, 2018, last revised August 24, 2018;
h. Final Engineering Plans for Tall Oaks - Unit 3 City of Elgin, Illinois, prepared by
Mackie Consultants, LLC, dated May 10, 2018, last revise August 24, 2018;
i. Engineer's Opinion of Probable Cost for Tall Oaks Unit 3, prepared by Mackie
Consultants, LLC, dated August 24, 2018;
j. Undated Declaration for Tall Oaks Unit 3, prepared by Richard Guerard, Guerard and
Krasner, LLC, received August 27, 2018;
k. ALTA/NSPS Land Title Survey Tall Oaks Unit 4 and Tract to the East, Elgin, Illinois,
prepared by Mackie Consultants, LLC, dated October 5, 2017, last revised November
2, 2017;
1. Final Plat of Subdivision Tall Oaks Subdivision Unit 5, prepared by Mackie
Consultants, LLC, dated April 20, 2018, last revised August 17, 2018;
m. Landscape Plan Tall Oaks - Unit 5 Elgin, Illinois, prepared by Gary R. Weber
Associates, Inc., dated May 3, 2018, last revised June 29, 2018;
n. Public and Private Storm Sewer Exhibit Tall Oaks Unit 5 Elgin Illinois, prepared by
Mackie Consultants, LLC, dated July 3, 2018, last revised August 17, 2018;
o. Final Engineering Plans for Tall Oaks - Unit 5 City of Elgin, Illinois, prepared by
Mackie Consultants, LLC, dated April 20, 2018, last revised August 31, 2018;
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Recommendation & Findings of Fact
Petition 18-, 19-, 20-, and 21-18
September 10, 2018
p. Engineer's Opinion of Probable Cost Tall Oaks - Unit 5 Elgin, Illinois, prepared by
Mackie Consultants, LLC, dated May 10, 2017, last revised August 31, 2018;
q. Cost Opinion for Landscape Plans, prepared by Gary R. Weber Associates, Inc., dated
June 29, 2018;
r. Cost Opinion for Dog Park,prepared by Gary R. Weber Associates, Inc., dated August
30, 2018;
s. Dog Park Exhibit Elgin, Illinois prepared by Gary R. Weber Associates, Inc., dated
August 30, 2018; and
t. Amended and Restated Declaration for Tall Oaks Townhomes, prepared by Steven H.
Goodman, Meltzer, Purtill & Stelle LLC, recorded June 18, 2018, received July 5,
2018.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. Model home plans for all homes within Unit 3,including to-scale floor plans and elevations
of each side of the home, shall be review and approved by the Development Administrator
for conformance with the Residential Area Design Guidelines (Appendix A of the 2018
Comprehensive Plan for the City of Elgin) prior to the issuance of a building permit.
Notwithstanding provisions within said Guidelines, vinyl siding is not a permitted primary
building material. Plans found by the Development Administrator to not conform to said
Guidelines may only be approved as an amendment to the annexation agreement and
planned development ordinance(s) relating to Unit 3.
3. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval of Petitions
18, 19-, 20-, and 21-18, subject to the conditions outlined above, was six (6) yes, zero (0) no, and
zero (0) abstentions. All members were present.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning& Zoning Commission
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Petitions 18-18, 19-18, 20-18, an • 21-18
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