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HomeMy WebLinkAboutS14-01 Ordinance No. S14-01 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1389 Summit Street - Woodland Meadows North) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notice of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: LOT 6 AND LOT 5 IN BENHART' S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER' S OFFICE OF COOK COUNTY ON JUNE 25, 1964 AS DOCUMENT NO. 19155554, EXCEPT THAT PART OF SAID LOT 5 DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 63 .25 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 24 . 34 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LOT 5, A DISTANCE OF 63 .25 FEET TO THE SOUTH LINE OF SAID LOT 5 ; THENCE WESTERLY ALONG SAID SOUTH LINE, A DISTANCE OF 24 . 74 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN HANOVER TOWNSHIP, COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1389 SUMMIT STREET) . Section 2 . That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois . Section 3 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schoc Ma yor Presented: September 26, 2001 Passed: September 26, 2001 Omnibus Vote: Yeas: 7 Nays : 0 Recorded: September 27, 2001 Published: Attest : L-16-4A„V Dolonna Mecum, C ty Clerk 1 August 20,2001 C FINDINGS OF FACT Community Development Group City of Elgin, Illinois SUBJECT Consideration of Petition 47-01 Requesting Annexation, Preliminary Plat Approval and PMFR Planned Multiple Family Residence District Zoning for a Residential Development to be Known as Woodland Meadows North; Property Located at 1389 Summit Street by Charles P. Miller, as Applicant, and Ed and Dorothy Wallace, as Owners. BACKGROUND Requested Action: Annexation and Zoning Approval Proposed Zoning: PMFR Planned Multiple Family Residence District Intended Use: Attached Single Family Dwellings Property Location: 1389 Summit Street p Y Applicant : Charles P. Miller Owner: Ed and Dorothy Wallace Staff Coordinator: Lauren Kieck, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Photographs of Site (see attached) F. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 G. Draft Map Amendment Ordinance (see attached) H. Related Correspondence (see attached) BACKGROUND An application has been filed by Charles P.Miller, requesting annexation,preliminary plat approval, and PMFR Planned Multiple Family Residence District zoning. The subject property is located at 1389 Summit Street (reference exhibits A,B, C, D,and E). The applicant proposes to annex the subject property to the City of Elgin and develop the site with 22 residential townhouse units contained within six buildings. Each of the dwelling units will have two bedrooms and a two car garage. The developer proposes to construct the buildings with a combination of brick and aluminum siding,and intends to preserve many of the existing mature trees currently located on the site (reference exhibits F, G, and H). FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 47-01 on August 6, 2001. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors spoke at the public hearing. The Community Development Group submitted an Annexation and Zoning Review, dated July 26,2001. The Planning and Development Commission has made the following findings concerning the standards for map amendments: 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, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing approximately 3.7 acres of land, and is currently developed with a single family residence and three accessory structures. There are stands of mature trees generally located within the westerly half of the subject property. A hedgerow of trees and shrubs is located along the north property line. According to the North Cook County Soil and Water Conservation District report, the National Wetland Inventory map does not identify wetland areas on the subject property. Topography on the site ranges from a high point of 805 feet located at the southeastern corner of the site, to a low point 797 feet located at the northeastern corner of the site. -2- Findings of Fact Planning and Development Commission (4., Petition 47-01 August 20, 2001 B. Sewer and Water Standard. The suitability ofthe subject property for the intended zoning district with respect to the availability of adequate municipal water,wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. The subject property will be served by municipal water and sanitary sewer services. The developer proposes to utilize a combination of private and municipal stormwater control services. In order to preserve the trees located on the western half of the site,the developer proposes to minimize the size of the on site detention area (as shown currently), while providing the remaining stormwater control within a city-owned stormwater control facility located at the southeast corner of Hunter•Drive and Summit Street. Specific plans for this proposal have yet to be approved by the Engineering Department. 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 vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended zoning district with respect to the �r traffic and parking standard. The subject property is located at the southwest corner of the intersection of Summit Street and Shales Parkway. Summit Street is a regional arterial street providing continuity throughout the western suburbs. Shales Parkway is an arterial street serving the east side of Elgin. The applicant is proposing to provide a two car garage for each townhouse unit,or a total of four parking stalls per dwelling unit. This conforms with the requirements of the zoning ordinance and is in accordance with other townhouse developments previously approved throughout the city. The developer proposes to provide access to the site through one private road located approximately 120 feet north of the site's southerly property line. The Engineering Department has requested that the developer move the access point to the south property line; however, this would render the site undevelopable as currently proposed. 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. C -3- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 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 district. The subject property is currently developed with a detached single family residence located within unincorporated Cook County. 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 subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The area located to the north of the subject property is located within unincorporated Cook County and is undeveloped. Aerial photographs indicate that this area is currently in agricultural use. The area directly to the east of the subject property is located within the Elgin corporate limits and zoned CF Community Facility District.The property is owned by Commonwealth Edison and is developed with electric distribution towers. Further east is Little Angels,also zoned CF District. The area located south of the subject property is zoned RC 1 Residence Conservation District and is developed with single family homes. The area located to the west of the subject property is located within unincorporated Cook County and is developed with a single family residence. 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 is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within the Summit Street corridor. This area is developing with a mixture of commercial and residential land uses. G. Zoning 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. -4- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 The purpose and intent of the planned multiple family residence district is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19.60, Planned Developments. A PMFR zoning district is most similar to, but departs from, the standard requirements of the MFR zoning district. Planned residence districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned residence district exclusive of rights-of-way shall not be less than two acres. No departure from the required minimum size of a planned residence district shall be granted by the City Council. Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent,and the location and size of a PMFR Planned Multiple Family Residence District. The proposed residential development is in substantial conformance to the requirements of Chapter 19.60,Planned Developments. With the exception of the requested departures,the proposed development also meets the site design requirements of the MFR Multiple Family Residence District. The density of the proposed development is approximately one dwelling unit per 6,100 square feet of net residential land area,or seven dwelling units per net acre. Comparatively, other townhouse developments within the area are developed at approximately one dwelling unit per 5,700 square feet and one dwelling unit per 6,000 square feet of residential land area (Woodland Meadows I and II used for comparison). The minimum required residential land area within the MFR District is 5,000 square feet per dwelling unit. H. Comprehensive Plan Standard. The suitability of the 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 the Comprehensive Plan Standard. The Official Comprehensive Plan designates the subject property as"urban residential." The proposed development of attached single family dwellings conforms with this designation. 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. -5- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 Findings. The subject property may be suitable for the intended zoning district with respect to the Natural Preservation Standard. There are stands of mature trees generally located within the westerly half of the subject property. It is unknown whether or not these trees are of a type that should be preserved as part of the development of the subject property. The developer does intend to preserve as many trees as possible;however,changes to the proposed on site detention area could result in a reduction in the number of trees preserved. In addition to this provision, the applicant also proposes to provide a substantial landscape buffer between the subject property and the adjacent properties to the south and west. J. Internal Land Use Standard. The suitability of the subject property for the residential zoning classification 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 property. Findings. The subject property is suitable for the proposed zoning district with respect to the internal land use standard. No evidence has been submitted or found that the proposed development will be located, designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS This planned development contemplates certain departures from the normal standards,regulations, and requirements of the zoning and subdivision ordinances. For the purposes of this section, the most similar zoning district is the MFR Multiple Family Residence District. The requested departures are summarized as follows: 1. 19.12.300(E)-Principal Buildings per Zoning Lot. In the MFR Multiple Family Residence District, one principal building per zoning lot is allowed. The proposed planned development contemplates six (6) townhouse principal buildings. 2. 19.25.735(E., 1.,e.)-Transition Setback. In the MFR Multiple Family Residence District,the required rear yard setback is 50 feet. The proposed planned development contemplates a minimum transition building setback of 30 feet from the southerly lot line and 16 feet from the westerly lot line. -6- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 3. 19.25.735 (E., 1., a.) -Street Setback. In the MFR Multiple Family Residence District, the required street yard setback is 35 feet. The proposed planned development contemplates a minimum setback of 30 feet from Shales Parkway. 4. 18.24.020A&G-Street specifications/design standards: The proposed cul-de-sac street (which will provide access to the new dwelling units) is proposed to be a private street. The private street is not proposed to be located within a right-of-way. A 50 foot right-of-way is standard for the neck of a cul-de-sac and 200 foot center line diameter right-of-way is standard at the bulb of a cul-de-sac. The proposed private street is 24 feet wide measured back-to-back of the roll over curb and gutter(26 feet is standard with barrier type curb and gutter). The proposed private street at the bulb is 90 feet wide measured back-to-back of the roll over curb and gutter(a 110 foot wide diameter is standard). SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. General. The applicant is requesting several departures of the site design requirements of the MFR Multiple Family Residence District. The requested departures are partially due to the need to keep the entrance drive located as far south on the site as possible. The location of the access drive to the site as currently proposed is the minimum distance necessary for the proper function of a left turn lane from Shales Parkway to Summit Street. If the proposed entrance drive were to be moved further north,it would interfere with the existing left turn lane.The applicant also is requesting the proposed departures in order to preserve as many trees on the site as possible. The Community Development Group has determined that the proposed preservation of mature trees warrants the support of the requested departures. 2. Trend of Development. The subject property is located within the Summit Street corridor. This area is developing with a mixture of commercial and residential land uses. 3. Zoning District. The density of the proposed development is approximately one dwelling unit per 6,100 square feet of net residential land area, or seven dwelling -7- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 units per net acre. Comparatively,other townhouse developments within the area are developed at approximately one dwelling unit per 5,700 square feet and one dwelling unit per 6,000 square feet of residential land area (Woodland Meadows I and II usedfor comparison). The minimum required residential land area within the MFR District is 5,000 square feet per dwelling unit. 4. Comprehensive Plan. The Official Comprehensive Plan designates the subject property as"urban residential." The proposed development of attached single family dwellings conforms with this designation. 5. Natural Preservation. There are stands of mature trees generally located within the westerly half of the subject property. It is unknown whether or not these trees are of a type that should be preserved as part of the development of the subject property. The developer does intend to preserve as many trees as possible;however,changes to the proposed on site detention area could result in a reduction in the number of trees preserved. In addition to this provision,the applicant also proposes to provide a substantial landscape buffer between the subject property and the adjacent properties to the south and west. B. Summary of Unresolved Issues. Item Reviewed by the Planning and Development Commission: The Planning and Development Commission recommends that the exterior building elevations shall be comprised of a minimum 100%natural building materials(brick, stone, wood, or stucco) on all street facing wall surfaces, and 50% natural materials on all other wall surfaces. The Planning and Development Commission also suggests that substitution of"hardie-board" (or similar product) for natural materials is acceptable. The developer, however,would like to use a combination of brick and aluminum siding on the front building facades, with the other three building facades being constructed primarily of aluminum siding. Items for Review by the City Council: Although reviewed by the City Council, the Planning and Development Commission noted that the Community Development Group recommends that the annexation of the subject property be subject to submittal of an annexation agreement within which the developer agrees to pay all required impact fees. At this point,the developer does not wish to submit an annexation agreement for Council review,but does agree to pay the required impact fees. The final unresolved issue is regarding the placement of a sidewalk along Summit Street. The Engineering Department has requested that the developer place a sidewalk within a 10 -8- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 foot easement either within the Summit Street right of way or on the subject property. The developer contends that this requirement is unreasonable because there are no sidewalks located along Summit Street within the general vicinity of the site,and the placement of the sidewalk would require the removal of a hedgerow that is proposed to be preserved. Staff contends that the sidewalk could be placed within the Summit Street right of way without requiring the removal of the hedgerow, or could be placed on the property in an area where the hedgerow is not located. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 47-01. On a motion to recommend approval,subject to the following conditions,the vote was three(3)yes,two (2)no, and one(1) abstention: 1. Submission of a signed annexation agreement within which the owner accepts responsibility for paying all required impact fees, and which is mutually agreeable to both the developer and the City. 2. The exterior building elevations shall be comprised of a minimum 100% natural building materials on all street facing wall surfaces,and 50%natural materials on all other wall surfaces. Natural building materials shall be defined as brick, stone, wood, or stucco. Substitution of"hardi-board" (or similar product) for natural materials is also acceptable. 3. Substantial conformance to the letter from James C. Ueker, P.E., to Omar Santos, dated July 30, 2001, regarding Woodland Meadows North, with the exception to paragraph number 13. The developer shall provide a sidewalk within a 10 foot easement along the northerly property line, either on the site, or within the Summit Street right of way. 4. The number of trees to be preserved on site shall be in substantial conformance with the trees shown on the Preliminary Design Plan (page 4 of the Preliminary Plan of Proposed Improvements). Any alteration in the number of trees to be preserved that is not deemed to be substantial conformance shall require reconsideration of the proposed planned development by the Planning and Development Commission. -9- Findings of Fact Planning and Development Commission Petition 47-01 August 20, 2001 5. Substantial conformance to the Statement of Purpose and Conformance submitted by Charles P. Miller, no date. 6. Substantial conformance to the proposed Preliminary Plan of Proposed Improvements,prepared by JAS Associates, Inc., and dated June 20, 2001. 7. Substantial conformance to the proposed Woodland Meadows North Landscape Plan, prepared by Trees Unlimited, and dated July 2, 2001. Additionally, the landscape plan shall be supplemented with 108 shrubs to be located along the westerly property line and other landscaping as required by the Community Development Group. The three Austrian Pines proposed at the northwest corner of the detention basin shall be relocated to the southerly or westerly property line. 8. Substantial conformance to the proposed building elevations and floor plans for Woodland Meadows, labeled Exhibit F. 9. Compliance with all other applicable codes and ordinances. 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