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HomeMy WebLinkAboutG64-14 Ordinance No. G64-14 AN ORDINANCE AMENDING ORDINANCE NUMBER G12-11 IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (508 - 522 North McLean Blvd.) WHEREAS, the property herein described has previously been classified in the PMFR Planned Multiple Family Residence District pursuant to Ordinance No. G31-06; and WHEREAS, application was made to amend certain provisions within Ordinance No. G31- 06, and thereafter Ordinance No. G31-06 was comprehensively amended pursuant to Ordinance No. G12-11 wherein the property herein described was classified in the PMR Planned Multiple Family Residence District pursuant to Ordinance No. G12-11; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G12-11; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning and 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 November 3, 2014, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance G12-11 be and is hereby amended in its entirety as hereinafter set forth in this ordinance. Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, 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 PMFR Planned Multiple Family Residence District the following described property: - 2 - PMFR (EAST) PARCEL: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID EAST HALF, 30 RODS, 1 FOOT 6 INCHES NORTH OF THE SOUTH LINE OF SAID QUARTER SECTION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, 20 RODS, 1 FOOT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 632 FEET TO THE POINT PF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, 672.75 FEET TO THE WEST LINE OF PUBLIC HIGHWAY; THENCE SOUTH ALONG THE WEST LINE OF SAID HIGHWAY, 20 RODS, 1 FOOT; THENCE WESTERLY AT AN ANGLE OF 91 DEGREES, 25 MINUTES 30 SECONDS TO THE LEFT FROM SAID LAST COURSE, 664.52 FEET TO A LINE DRAWN AT RIGHT ANGLES TO THE FIRST COURSE FROM THE POINT OF BEGINNING; THENCE NORTH ALONG SAID LINE, 330.92 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF MCLEAN BOULEVARD 887.5 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 10; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 150 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF MCLEAN BOULEVARD, 60 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SECTION 10, AFORESAID, 150 FEET TO THE WEST LINE OF MCLEAN BOULEVARD; THENCE NORTH ALONG SAID WEST LINE 60 FEET TO THE POINT OF BEGINNING, CONTAINING 5.29 ACRES OF LAND, MORE OR LESS, IN THE CITY OF ELGIN, Section 3. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residence District for the property commonly known as 508 - 522 North McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PMFR 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. B. Supplementary Regulations. Any word or phrase contained within this ordinance followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of - 3 - the EMC. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the EMC, as may be amended from time to time. D. Zoning Districts Generally. In this PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the EMC, as may be amended from time to time. E. Location and Size of Districts. Planned residential districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned residential district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned residential district shall be granted by the City Council. F. Land Use. In this PMFR District, the only land use allowed shall be a senior living facility (including such optional ancillary services as the provision of meals, housekeeping services, on-site activities (such as computers, art & crafts, cards and games, etc.) and fitness facilities), developed and operated in substantial conformance to the following: 1. Substantial conformance to the petitioner’s Statement of Purpose and Conformance submitted with the original development application cover letter by Jerrold H. Frumm, Executive Vice-President, Senior Lifestyle Corporation, dated September 7, 2005, as amended by the new Statement of Purpose and Conformance submitted with the new development application which is stamped “RECEIVED” on August 29, 2014. In the event of any conflict between said original Statement of Purpose and Conformance and said new Statement of Purpose and Conformance, the new Statement of Purpose and Conformance shall supersede and control. For additional reference, said new Statement of Purpose and Conformance is titled “RIDER” and carries the footer “W:\Work\34373\2014 Amendments\Development Application Development Applications\RIDER – V2 SLC. docx” on each of its three (3) pages. In the event of any conflict between such documents and the provisions of this ordinance, the provisions of this ordinance shall supersede and control. 2. All residents in the age-restricted apartment building referenced in said original development application as “The Residence of Autumn Green”, now specifically identified within said new development application as the “3 - 4 - STORY RESIDENCE BUILDING” on the Site Plan prepared by NORR Architects and Planners dated August 28, 2014, and hereinafter referred to as the "Subject Age 62 Building" must be age sixty two (62) or older and no person under sixty two (62) years of age shall occupy or reside within a residential unit in the Subject Age 62 Building. 3. To the extent permitted by law, the apartment building on the subject property shall be a 100% market rate apartment building. For the purposes of this ordinance, the term 100% market rate apartment building shall mean that there shall be no restrictions with respect to income or rent for the rental of apartments whether by restriction to deed, title to the property or otherwise, and no project based governmental or quasi-governmental subsidy which results in restrictions with respect to income or rent for the rental of apartments within the subject property shall be in place with respect to the subject property. G. Site Design. In this PMFR District, the site design regulations shall be as required in the MFR Multiple Family Residence District, pursuant to Chapter 19.25.735 Site Design, of the EMC, as may be amended from time to time. Additionally, the development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance with the Development Application, Statement of Purpose and Attachments, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 2. Substantial conformance with the “Aerial Map with Site Plan Overlay”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 3. Substantial conformance with the “Site Plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29 2014. 4. Substantial conformance with the “Ground, 2nd, and 3rd Floor Plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 5. Substantial conformance with the “North, South, East, West Elevations”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 6. Substantial conformance with the “Enlarged Partial Elevation”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. - 5 - 7. Substantial conformance with the “1 Bedroom, and Studio Unit Assisted Living Floor plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 8. Substantial conformance with the “Site Plan Comparison Exhibit”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 9. Substantial conformance with the “Shared Unit and Studio Unit Memory Support Floor plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 10. Substantial conformance with “Chart Summarizing Changes”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 11. Substantial conformance with the “Landscape Plan and Plant List”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 12. Substantial conformance with the “Tree Condition Confirmation Report”, prepared by Davey Resource Group as submitted by Senior Lifestyle Corporation as applicant and owner, dated received September 25, 2014. 13. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 14. The owner and/or operator of the nursing and personal care facility shall contract with a private ambulance service to provide for all non-emergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. “Emergency” means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). “Non-Emergency Medical Services” means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of obtaining medical or health care services which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended). - 6 - 15. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PMFR District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. I. Off-Street Loading. In this PMFR District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PMFR District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. . In this PMFR zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. In this PMFR District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. - 7 - P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Passed: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 3, 2014 Published: December 5, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk