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HomeMy WebLinkAboutG57-90 Ordinance No. G57-90 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (North of East Chicago Street, West of North Shales Parkway) WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a planned unit development for the property located on the north side of East Chicago Street, west of North Shales Parkway extended; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. 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 made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a special use for a planned unit development for the property located on the north side of East Chicago Street, west of North Shales Parkway extended, Elgin, Illinois, legally described as follows : That part of Section 17, Township 41 North, Range 9 east of the Third Principal Meridian, described as follows : Commencing at the Northwest corner of the Southwest quarter of said Section 17; thence North 87 degrees 51 minutes 25 seconds East, along the North line of said Southwest quarter, a distance of 768.01 feet (record being 764 .28 feet) ; thence South 01 degree 10 minutes 19 seconds East, a distance of 863 .50 feet; thence North 89 degrees 16 minutes 53 seconds West, a distance of 181 .08 feet; thence South 03 degrees 01 minute 16 seconds West, a distance of 514 .00 feet for a point hereinafter referred to as Point "A" ; thence North 53 degrees 19 minutes 44 seconds East, a distance of 65.47 feet; thence South 47 degrees 55 minutes 08 seconds East, a distance of 99 . 00 feet; thence North 88 degrees 15 minutes 18 seconds East, a distance of 40.00 feet; thence North 56 degrees 01 minute 16 seconds East, a distance of 330 .50 feet; thence North 12 degrees 12 minutes 25 seconds East, a distance of 208 . 00 feet for the point of beginning; thence South 12 degrees 12 minutes 25 seconds West, a distance of 208.00 „� feet; thence South 56 degrees 01 minute 16 seconds West, a distance of 330.50 feet; thence South 88 degrees 15 minutes 18 seconds West, a distance of 40 .00 feet; thence North 47 degrees 55 minutes 08 seconds West, a distance of 99 . 00 feet; thence South 53 degrees 19 minutes 44 seconds West, a distance of 65. 47 feet to aforesaid Point "A"; thence South 03 degrees 01 minute 16 seconds West, a distance of 120 .00 feet; thence South 64 degrees 35 minutes 31 seconds West, a distance of 228 .44 feet; thence South 03 degrees 01 minute 16 seconds West, a distance of 558 . 98 feet; thence South 76 degrees 33 minutes 08 seconds East, a distance of 687 .59 feet; thence South 85 degrees 33 minutes 12 seconds East, a distance of 80.88 feet; thence North 87 degrees 20 minutes 46 seconds East, a distance of 424 .85 feet to the westerly right of way line of Lovell Road per plat of dedication recorded on October 21, 1988 as Document No. 88486058; thence North 09 degrees 59 minutes 57 seconds West, along said westerly right of way line, a distance of 1377 .28 feet to a line that bears North 70 degrees 59 minute 29 seconds East and passes through the point of beginning; thence South 70 degrees 59 minutes 29 seconds West, along said line, a distance of 220.51 feet to the point of beginning. Being situated in the City of elk Elgin, Cook County, Illinois, and containing 24 .07 acres more or less . be and is hereby granted subject to the following conditions : 1. Substantial conformance with the Planned Unit Development site plan prepared by Burnidge Cassell and Associates, on August 18, 1989, revised by Bongi Development, Inc. , on September 5, 1990 and September 26, 1990, for Woodland Creek Carriage Homes Planned Unit Development. 2 . Compliance with terms and conditions of an annexation agreement for the "Glenwood/Scilabra" property between the City of Elgin and the Valley Bank and Trust Company, as trustee for Trust No. 0388. 3 . Until such time as Shales Parkway is extended to serve the subject property, access to the subject property shall be provided via the temporary extension of Phillips Way across Lot 10 of Woodland Creek Subdivision. Said extension shall be constructed in accordance with design standards as set forth by the Engineering Division. 4 . Further construction on Lot 10 of Woodland Creek Subdivision shall be prohibited until such time as Shales Parkway is extended to serve the subject property. 5 . No temporary or permanent buildings, structures, trees, or shrubs shall be constructed, erected, grown, or placed within the flood plain, nor shall any existing elevations be altered within the flood plain, without the express written consent of the City Engineer. 6 . 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 after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 14, 1990 Adopted: November 14, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk November 20 , 1989 FINDINGS OF FACT 0110• LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I . SUBJECT Consideration of Petition 87- 89 Requesting R- 3 Two Family Residence District Special Use Approval for a Planned Unit Development , property located on the north side of East Chicago Street , west of North Shales Parkway, extended , by Poplar Creek Partnership , as Applicant and Owner . II . CONSIDERATIONS A petition has been filed by the Poplar Creek Partnership requesting special use approval for a planned unit development (P. U. D . ) in the R- 3 Two- family Residence District . The subject property is located north of East Chicago Street , west of North Shales Parkway extended . The petitioner is currently in the process of applying for preliminary and final plat approval for the subdivision of the subject property. The proposed subdivision would consist of 52 lots , each of which would contain at least 10 ,000 square feet of lot area . The lots are proposed to be developed with 52 duplexes , for a total of 104 units . Of these , the petitioner is proposing 40 two-bedroom units and 64 three-bedroom units. The petitioner desires the flexibility to divide a lot along the common wall between the individual duplex units in order to make each unit available for sale . This division of land would , in all cases , violate the minimum side yard requirement ; and , in some cases , violate the combined side yard , lot area , and lot width requirements . Accordingly, the petitioner is requesting special use approval for a P. U . D . to create the flexibility necessary to divide the lots . III . FINDINGS After due notice , as required by law , the Land Use Committee held a public hearing to consider the proposed special use on November 6 , 1989 . The petitioner testified at the hearing and presented documentary evidence . No objectors appeared at the hearing and no written objection has been filed . -Page 1- Exhibit A The Land Use Committee has made the following findings with respect to Petition 87- 89 : A . Site Characteristics : The subject property is an irregularly shaped parcel containing approximately 24 acres . The property is undeveloped . Poplar Creek traverses the subject property near its northerly most boundary . Several stands of mature oak trees are located on the subject property . The subject property ranges in elevation from 746 feet to 794 feet for a maximum relief of 48 feet . B . Sewer and Water : The subject property may be served by a 12 inch watermain and a 24 inch sanitary sewer , which are located on East Chicago Street . There are no capacity limitations associated with the proposed subdivision . Stormwater is proposed to be detained on site at the southwest corner of the subject property . C . Traffic and Parking : The subject property is proposed to be served by North Shales Parkway which is to be extended and improved between Summit Street and Villa Street . The North Shales Parkway extension will be located along the easterly boundary of the subject property . Shales Parkway. will become a major north- south arterial serving the eastern portion of the city. As . part of the annexation agreement for the subject property the developer has dedicated a 70 foot wide right- of-way along the easterly property line for the purpose of extending Shales Parkway. In addition , the developer is contributing $ 75 ,000 toward the improvement of Shales Parkway. If the subject property was improved with 52 duplexes ( 104 dwelling units ) approximately 1 ,040 vehicle trips ( 10 trips per dwelling unit ) per day would be generated . The off- street parking ordinance requires that a minimum of two off- street parking spaces per dwelling unit be provided . Sources : Engineering Division , City of Elgin . Design Manual , State of Illinois , 1984 Edition . Trip Generation , ITE , Third Edition . E. M . C . 19 . 44 Off-street Parking . D . Zoning History: The subject property was annexed to the city and zoned R- 2 and R-4 in 1988 . The subject property was rezoned to R- 3 in 1989 . E. Zoning Status : The subject property is of adequate size and shape to be developed in accordance with Elgin ' s zoning and subdivision regulations . -Page 2- F. Surrounding Land Use and Zoning : The area located to the north of the subject property is zoned R- 3 . The area is proposed to be developed with single family residences . •'" The area located to the east of the subject property is zoned Cook County R-4 Single Family Residence District . The area contains single family residences interspersed with undeveloped parcels . The area located to the south of the subject property is zoned B-4 . The area is proposed to be developed with commercial uses . The area located to the west of the subject property is zoned R-4 . The area is developed with townhomes . G. Trend of Development : East Chicago Street is developing in a commercial strip pattern of development . The predominant commercial uses are related to automobile sales and service . The properties located behind the commercial strip are developing with residential uses . H . Comprehensive Plan : The subject property is designated urban residential . I . Departures from the Zoning and Subdivision Regulations The proposed development includes the following departures from the standard zoning and subdivision eek requirements : 1 . The Zoning Ordinance requires that in the R- 3 district , lot area shall not be less than 5 ,000 square feet for each dwelling unit in a two-family dwelling . The petitioner is proposing a minimum 3 ,800 square feet of lot area , after division of the duplexes . 2 . The minimum permitted lot width by ordinance is 50 feet . The petitioner proposes a minimum 42 foot lot width . 3 . In the R- 3 district , two side yards are required , having a combined width of 14 feet and neither side yard less than six feet in width . The proposed division of the duplexes would reduce one side yard per dwelling unit to zero , and would therefore leave a total combined width of less than 14 feet . J . Fiscal Impact : A fiscal impact study for the proposed subdivision has not been submitted . In general , residential developments do not generate sufficient revenue to the city to cover expenditures for city -Page 3- services . However , the fiscal impact of any residential development must be viewed in terms of existing and future revenue generating land uses located within the City of Elgin and within School District U-46 . The residential , commercial and pm, industrial components of the land use system are highly interdependent from a fiscal impact point of view ( a place to live , work , shop , and recreate) . Accordingly , the fiscal impact of a residential development must be considered within the context of the entire land use system and within the context of a community. K . P. U. D . Standards : The proposed special use is in substantial conformance with the planned unit development standards . L . Conditions for Approval : The Land Use Committee is of the opinion that approval of Petition 87- 89 should be subject to the following conditions : 1 . Approval of preliminary and final plats , previously submitted , for Woodland Creek Subdivision . 2 . Revisions to the P. U. D . site plan per the Legal Department , Bureau of Inspection Services , Engineering Division and Planning Department . 3 . Substantial conformance with the revised P. U . D . site plan . 4 . Submission of items required by E.M . C . eft 18 . 16 . 030 (G) , such as landscaping plans , and a lighting plan prior to special use approval . 5 . Submission of and approval of protective covenants to control future maintenance and improvements to the duplex lots and structures prior to special use approval . 6 . Payment of a school site cash contribution in the amount of $ 10 , 730 . 16 and a park site cash contribution in the amount of $ 28 , 337 . 19 . Payments are due prior to final plat approval . 7 . Compliance with terms and conditions of an annexation agreement between the City of Elgin and the Valley Bank and Trust Company , as trustee for Trust No . 0388 , which annexed the "Glenwood/Scilabra" property. 8 . Compliance with all other applicable codes and ordinances . felk -Page 4- IV . RECOMMENDATION On a motion to recommend approval of Petition 87- 89 , subject to the conditions for approval , the vote was five ( 5) yes and zero (0) no . Therefore , the Land use Committee recommends approval of Petition 87- 89 . Robert W. Siljestrom , hairman Land Use Committee Planning and Land Use Commission Thomas J . Arm�ron Secretar g , Y Land Use Committee Planning and Land Use Commission rft -Page 5-