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Home My WebLink AboutG16-89 r Ordinance No. G16-89 AN ORDINANCE RECLASSIFYING PROPERTY NORTH OF CONGDON AVENUE AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT WHEREAS, written application has been made to reclassify certain property located North of Congdon Avenue from R-2 Single Family Residence District to M-I Limited Manufacturing District and for a special use for a planned unit development; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a planned unit development be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from R-2 Single Family Residence District and including in the M-I Limited Manufacturing District the following described property: That part of Section 6, Township 41 North Range 9, East of the Third • Principal Meridian, described as follows: Commencing at a point on the north line of said Section 6, being also the north line of Hanover Township, said point being 855 feet west from the northeast corner of said Section 6; thence south 3 degrees 38 minutes 39 seconds west (deed south 3 degrees 38 minutes west) along the west line of the Assessor's Division, 3783.5 feet more or less to the original northerly line of Shoe Factory Road (being a road with a 100 foot right-of-way); thence north 86 degrees 34 minutes 53 seconds west along said northerly right-of-way line 71 feet; thence north 3 degrees 38 minutes 39 seconds east (deed north 3 degrees 38 minutes east) along a line 71 feet west of and parallel with said west line of Assessor's Division, 3109.01 feet; thence north 89 degrees 51 minutes 4 seconds west (deed north 89 degrees 51 minutes 43 seconds west), 109.19 feet to a point for a place of beginning; thence south 0 degrees 9 minutes 49 seconds west (deed south 0 degrees 39 minutes 10 seconds west), 886.98 feet; thence north 89 degrees 51 minutes 4 seconds west, 100 feet; thence north 0 degrees 9 minutes 49 seconds east, 886.98 feet; thence south 89 degrees 51 minutes 4 seconds east, I00 feet, to the place of beginning, in the City of Elgin, Cook County, Illinois, and containing 88,698 square feet or 2.036 eink acres (said property is located south of the Northwest Tollway, east of Blackhawk Manor Subdivision)." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a planned unit development, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Use of the subject property shall be limited to use customarily accessory to residential uses, and shall not include the principal structure on any individual parcel. 2. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22 , 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk January 17 , 1989 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I . SUBJECT Consideration, of Petition 1- 89 Requesting a Rezoning from R- 2 Single Family Residence District with a Special Use for a Flannej Unit Development to M- 1 Limited Manufacturing District with a Special Use for a Planned Unit Development , property located north of Congdon Avenue , by Cobblers Crossing Fine Homes Limited Partnership , as Applicant , and Yimball Hill , Incorporated , as Contract Purchaser from BTR , Incorporated . II . CONSIDERATIONS A pti ; t3t_r. filed ty Cobbler r Crossing Fine Homes Limited Partnership requesting a rezoning from R- 2 Single Family Residences District with a special use for a planned unit development to M- 1 Limited Manufacturing District with frk a s p e c : . ; u:.t f u r a planned unit development . The sut•je'ct property is a 100 foot wide strip of land located north of Congdr.r. A L' rrcuediately we:•t of and a4iacent to a parcel e : land owned by liussnan/Toastmaster .. The purpose cl the requested rezoning is to remove a l0( t 11dlr.'a setback requirement imposed upon the adjoinir: J ust,mar,/Toastmaster property . Section, 19 . 36 . 040 of the Elgin Municipal Code require that buildings located un property .c.nc'd for manufacturing use be set back a mrnlmur. : (V• f '.et iron, a residence district boundary line . Renc 'al : f this setback requirement would allow Hussman;/Tuaslma ter to expand their manufacturing facility to 3 poi n - nu closer than 20 feet from Cobblers Cr e: : : ng L;utd ; v. _ i c,r. . In order to maintain a proper separation between the proposed u ry ie family homes in Ccbbltr:, Crossing r;.tdivi5. i 7. ar:c a } ss. ib] r plant expansion cn the Hu_sn:an/To.3 to stor property , 100 feet of depth was added to tht : L : iC •rtial lots . The proposed rezor.ir.? contemi 1 •iteL c1.3nges to the approved preliminary plan . • • Page 1 - telik Exhibit A III . FINDINGS e After due notice , as required by law , the Land Use Committee held a public hearing on the proposed rezoning and special use on January 3 , 1989 . The petitioner testified at the hearing and presented documentary evidence . No objectors appeared at the hearing and no written objection to the petition has been filed . The Land Use Committee has made the following findings with rc.il e t to Petition 1 - C9 : A . fate Characteristics : The subject property contains approximately 89 ,000 square feet ( 100 x 890) . The property as unimproved . B . Sewer and Water : Sewer and water service will be provided to Cobblers Crossing Subdivision pursuant to the approved preliminary plan . The proposed rezoning contemplates no changes to the approved preliminary engineering plans . C . Traffic and Parking : The proposed rezoning contemplates no changes to the approved preliminary plan . Accordingly , no changes are anticipated which would effect traffic and parking . D . coning History : The subject property was rezoned from M- 1 to R- 2 with a special use for a planned unit development in 1988 . L . ,:.rninc; Stu '1Lr residential lots which contain the subject property are designed in accordance with the applicable standards in the zoning and subdivision r i: 1 „ t . F . Surrounding Land Use and Zoning : The areas located to the north , south and west of the subject property are zoned i. i with a special use fur a planned unit development . These areas are unimproved . T'.:c- area located to the east of the subject property is on�c M 1 . The area is improved with a manufacturing facility . G . 'Bend cf Lcvelopment : The area in which the subject property is located is developing primarily with single family residenLes . - Page 2- ork H . Comprehensive Plan : The area in which the subject property is located is designated "office , research and light manufacturing" . However , in light of differences in the tax structure in Cook County versus Kane County , the Planning Committee has found that the area may be more suitable for urban residential development . I . P . U . U . Departures from Zoning Reguations : The zoning ordinance is based on a concept of "purity of zoning" . 7l:at is , only residential uses are allowed in residenc€ districts , only business uses are allowed in business districts , and only manufacturing uses are allowed in manufacturing districts . The proposed planned unit development departs from the "purity of zoning" concept in that it would allow residential uses on property zoned M- 1 Limited Manufacturing District . J . Suitability of Present Zoning : In view of the surrounding land use and zoning , the trend of development in the area , and the goals , objectives and policies of the Comprehensive Plan , the current R- 2 single family residence district zoning is unsuitable , and the subject property should be rezoned to M- 1 Limited Manufacturing District . few Y. . Conditions for Approval : The land Use Committee is of the cF ! r. i r: that aj royal of Petition 1 - 89 should be subject to the following conditions : 1 . list of the subject property shall be limited to use_ customarily accessory to residential uses , and FhalI not include the principal structure on any Individual parcel . 2 . Compliance with all other applicable codes and ordinances . IV . RECOMMENDATION C :. d Mol . r, tc. recommi-nd approval of Petition 1 - 89 , subject to the conditions for approval , the vote was six ( 6 ) yes and zero ( U ) no . - Page 3- Therefore , the Land Use Committee recommends approval of Petition 1- 89 . 4j . ,, / • V�t ■.-ai.i 10.. 1)-13 Robert W. Siljestr !m , Cbairm- n l Land Use Committee Planning and Land Use Commission -ova' , • emu&.2.t s -V"-& Thomas J . A •mstrong , Secr -1 a y Land Use Committee Planning and Land Use Commission rft - Page 4- eft