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HomeMy WebLinkAboutG25-98 i Ordinance No. G25-98 AN ORDINANCE RECLASSIFYING PROPERTY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ( 55 North Willard Avenue) WHEREAS, written application has been made to reclassify said property from the MFR Multiple Family Residence District to the PMFR Planned Multiple Family Residence District. WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . 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 olow 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: OUTLOT A IN LORD' S PARK TERRACE, BEING A SUBDIVISION OF PART OF LOT 16 OF THE COUNTY CLERK' S SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 18 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, IN HANOVER TOWNSHIP, COOK COUNTY, ILLINOIS . ( SAID PROPERTY IS COMMONLY KNOWN AS 55 NORTH WILLARD AVENUE) . " Section 2 . That the City Council of the City of Elgin hereby adopts the Findings of Fact made by the Planning and Development Commission, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, and grants the reclassification in the PMFR Planned Multiple Family Residence District at 55 North Willard Avenue in accordance with the following provisions : A. General Provisions . The developer shall provide that the homeowners association shall be responsible to use its ' /k best efforts to care for and maintain the landscaping located within the public right of way along the northerly 4 e,,, property line of the development The developer shall make such provisions with the covenants and restrictions for the homeowners association, which document shall be recorded prior to the issuance of the first building permit . Additionally, the developer shall enter into an agreement with the City of Elgin for enforcing traffic regulations on private streets prior to the issuance of the first building permit. B. Purpose and Intent. The purpose of this PMFR 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. C. Supplementary Regulations . Any word or phrase contained herein, followed by the symbol " (SR) " , shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. D. General Provisions . In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 05, General Provisions, of the Elgin Municipal Code, as amended. E . Zoning Districts - Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07 , Zoning Districts, of the Elgin Municipal Code, as amended. F. Land Use. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10, Land Use. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PMFR zoning district: Permitted Uses . The following enumerated land uses shall be the only land uses allowed as a permitted use in this PMFR zoning district: Residences Division. 1 . "Multiple family dwellings" [SR] (UNCL) . 2 . "Residential garage sales" [SR] (UNCL) . 4 tow.. 3 . "Residential occupations" {SR} (UNCL) . 4 . "Residential outdoor storage of firewood" [SR] . 5 . "Residential parking areas" [SR] (UNCL) . 6 . "Residential storage" [SR] (UNCL) . 7 . "Residential storage of trucks or buses" [SR] (UNCL) . Finance, Insurance, and Real Estate Division. 8 . "Development sales office" [SR] (UNCL) . Services Division. 9 . "Family residential care facility" [SR] ( 8361) . 10 . "Home child day care services" [SR] (8351 ) . Construction Division. 11 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication and Utilities Division. 12 . "Amateur radio antennas" [SR] (UNCL) . 13 . "Commercial antennas and antenna structures mounted on existing structures" [ SR] (UNCL) . 14 . "Radio and television antennas" [SR] (UNCL) . 15 . "Satellite dish antennas" [SR] (UNCL) . 16 . "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 17 . "Fences and walls" [SR] (UNCL) . 18 . "Refuse collection area" [SR] . 19 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50, Signs . 20 . "Temporary uses" [SR] (UNCL) . 21 . "Accessory uses" [SR] (UNCL) to the permitted uses ,, allowed in the MFR Multiple Family Residence District, subject to the provisions of Section 19 . 10. 400, Component Land Uses . 4 , Conditional Uses . The following enumerated land uses shall be the only land uses allowed as a conditional use in the PMFR zoning district: Residences Division. 1 . "Conditional residential occupations" {SR} (UNCL) . Services Division. 2 . "Residential care facility" [SR] ( 8361) . Transportation, Communication and Utilities Division. 3 . "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL) . 4 . "Conditional Commercial Antenna Tower" [SR] (UNCL) . 5 . "Other radio and television antennas" [SR] (UNCL) . 6 . "Other satellite dish antennas" [SR] (UNCL) . 7 . "Treatment, transmission and distribution facilities : equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL) . 8 . "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PMFR zoning district, subject to the provisions of Section 19 . 10 . 400, Component Land Uses . G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PMFR zoning district, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape yards, floor area, and building coverage shall be in substantial conformance to the following: Development Application for A Park Bluff Venture townehome Residential Development, submitted by Park Bluff Venture, dated June 5, 1997 (revision date of January 23, 1998) , encompassing a letter from Larry J. Peterman to L. E. Zannini , dated December 11, 1997 , regarding landscaping specifications . H. Off Street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19 . 45 , Off Street Parking, of the Elgin Municipal Code, as may be amended. e I . Signs . In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures . In this PMFR zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19 . 52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments . This PMFR zoning district shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code, as may be amended. L. Conditional Uses . In this PMFR zoning district, conditional uses shall be subject to the provisions of Chapter 19 . 65 Conditional Uses, of the Elgin Municipal Code, as may be amended. M. Variations . Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19 . 70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners authorize such an application. N. Appeals . Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, of the Elgin Municipal Code, as may be amended. Section 3 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Kevin Kelly, Mayo / Presented: March 25, 1998 Passed: March 25, 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: March 26, 1998 Attest: �•�.� .___._ IL eft Dolonna Mecum, C ty Clerk August 4, 1997 FINDINGS OF FACT PLANNING AND DEVELOPMENT COMMISSION CITY OF ELGIN I . SUBJECT Consideration of Petition 52-97, Requesting a Map Amendment from MFR Multiple Family Residence District to PMFR Planned Multiple Family Residence District, and Requesting Preliminary Plat of Subdivision Approval, for a Development to be Known as Park Bluff Townhomes; Property Located at 55 North Willard Avenue; by Park Bluff Venture, as Applicant and Owner. II . CONSIDERATIONS A petition has been filed by Park Bluff Venture requesting a map amendment from MFR Multiple Family Residence District to .. PMFR Planned Multiple Family Residence District, and preliminary plat of subdivision approval . The subject property is located at 55 North Willard Avenue. The petitioner proposes to develop the subject property with 53 two bedroom townhomes, to be located within 13 buildings . Each townhome would contain 1,000 square feet of floor area. The developer estimates the fair market value of each townhome as $122,000 . 00 . III . FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing on Petition 52-97 on August 4, 1997 . The petitioner testified at the public hearing. Proponents of the petition and objectors to the petition testified at the public hearing. Neither written correspondence in support of nor in objection to the petition has been submitted. A Petition Review, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 52-97 . This Petition Review, along with the exhibits Exhibit A tow attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof . The Planning and Development Commission has made the following findings with respect to Petition 52-97 : A. Site Characteristics The subject property is an irregularly shaped parcel, containing approximately 254,503 square feet (5 .83 acres) . The subject property is unimproved. B. Sanitary Sewer, Water, and Stormwater Control The developer proposes to serve the subject property with municipal sanitary sewer and water service. Storm water would be controlled in compliance with municipal code requirements . C. Traffic and Parking The subject property is located on the east side of North Willard Avenue, and on the south side of Terrace Court. The Elgin Municipal Code stipulates design standards for such required right of way improvements as streets, sidewalks, trees, lighting, curb and gutter. The petitioner proposes to dedicate an additional 20 feet of right of way to the city, adjoining the Terrace Court right of way. The petitioner proposes to construct a new cul de sac street extending south from Terrace Court to serve the subject property. The proposed new cul de sac (to be known as Park Bluff Circle) would be a private street. The petitioner proposes to provide attached one car garages for each unit (53 in total) , with room for one car to be parked in the driveway in front of each garage (53 in total) . The petitioner also proposes to provide 18 guest parking stalls in small parking areas located throughout the development. Therefore, for the 53 proposed dwelling units, the petitioner proposes to eft Page 2 FOFPET52 . 97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.97/PET52.97 f provide 124 off street parking stalls (2 . 34 stalls per unit) . D. Zoning History 1928 B Residential 1950 A Residential 1960 DD Limited Commercial 1961 DD Limited Commercial 1962 B-1 Community Business District 1992 R-4 General Residence District Present MFR Multiple Family Residence District Under the current MFR District zoning, the subject . property could be lawfully developed with no more than one principal building per lot, at a minimum of one dwelling unit per 5,000 square feet of zoning lot area. E. Surrounding Land Use and Zoning The area located to the north of the subject, property across Terrace Court, is zoned MFR Multiple Family emk Residence District and is developed with apartments . The area located to the east of the subject property is zoned SFR1 Single Family Residence District and is developed with single family residences . The area located to the south of the subject property is zoned CI Commercial Industrial District and is developed with uses such as an electric supply company, a bakery thrift shop, a restaurant, a fireplace company, and various automotive uses . The area located to the west of the subject property, across Willard Avenue, is zoned MFR Multiple Family Residence District, and is developed with condominiums . F. Trend of Development The area surrounding the subject property has primarily developed, with residential uses predominant on the north, east and west sides of the subject property, and commercial and industrial type uses south of the subject property, along East Chicago Street. eft. Page 3 FOFPET52 . 97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 97/PET52.97 G. Planned Development District The purpose and intent of the provisions for planned developments is to accommodate unique development situations . For planned development districts, the planned development should demonstrate the following characteristics : 1 . An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the requirements of the Zoning Ordinance. 2 . A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities . 3 . The preservation of significant natural features including topography, watercourses, wetlands, and tow vegetation. The proposed planned development features the following: 1 . The proposed planned development seeks a departure from the standard MFR Multiple Family Residence District maximum number of principal buildings per zoning lot. In the MFR District, no more than one principal building is permitted per zoning lot. The petitioner proposes 13 buildings on one zoning lot as an element of the planned development. This departure may be granted by the City Council as part of the planned development, should the council so desire. 2 . The proposed planned development seeks a departure from the standard MFR District minimum required zoning lot area per dwelling unit. In the MFR District, a minimum of 5,000 square feet of zoning lot area is required per dwelling unit. As an element of this planned development, the petitioner proposes to provide 3,478 square feet of residential land area per dwelling unit. This eft Page 4 FOFPET52 .97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.97/PET52 .97 departure may be granted by the City Council as an element of the planned development, should the council so desire. 3 . The petitioner proposes that the new cul de sac street be a private street. Private streets are permitted only as approved elements of a planned development. 4 . The landscape plan submitted by the petitioner does not appear to be in compliance with the landscape requirements of the Zoning Ordinance. This departure may be granted by the City Council as an element of the planned development, should the council so desire. 5 . The petitioner has indicated that the building exterior will be of brick and vinyl siding. It is unclear as to how each elevation of each building will be treated. 6 . The petitioner has not indicated street trees or street lighting for the proposed cul de sac street. This departure from the standard Subdivision Ordinance requirements may be granted by the City Council, should it so desire. H. Comprehensive Plan The subject property is designated as urban residential in the Comprehensive Plan. I . Natural Preservation The subject property ranges in elevation from a high elevation at the northeast corner of the subject property of 776 feet, to a low elevation at the southeast corner of the subject property of 746 feet, for a maximum relief of 30 feet. No watercourses or wetlands have been identified at the subject property. The subject property is heavily overgrown. J. Internal Land Use If the subject property was developed in compliance with the current MFR District zoning requirements, the eft Page 5 - FOFPET52 . 97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.97/PET52 . 97 em- land uses provided for within section 19 .25 .730 Land Use of the Elgin Zoning Ordinance, would be allowed. The petitioner has indicated that no departures from the standard requirements of the Zoning or Subdivision Ordinances are being sought. IV. RECOMMENDATION On a motion to recommend approval of Petition 52-97 , subject to the following conditions : 1 . Substantial compliance with the Development Application for a Park Bluff Venture Townhome Residential Development, prepared by Todd Lipschutz of Park Bluff Venture, dated June 4, 1997, revised as follows : - Reduce the number of dwelling units to no more than 36 (one dwelling unit per 5,000 square feet of residential land area) . eft' - All exterior elevations shall be of brick and cedar. - Installation of street trees and street lighting in compliance with Title 18, Subdivision, of the Elgin Municipal Code. - Submission of an entry way sign plan. Said sign shall be a monument sign, not to exceed 11 feet in total height, nor 80 square feet in total surface area. - Provision of at least four off street parking stalls per dwelling unit. 2 . Substantial compliance with the landscape plan, prepared by Pedersen Company, dated April 28, 1997, revised to meet or exceed the landscaping requirements contained within Chapter 19 . 12 Site Design of the Zoning Ordinance. 3 . Compliance with all applicable codes and ordinances . Page 6 FOFPET52 . 97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 97/PET52 .97 the vote was one yes and four no. Therefore, the motion to recommend approval of Petition 52-97 was rejected. 1 AL: !...�4 41 L!L, 0.0. Robert W. Silje-$ rom, Cha man Planning and Development Commission arc/A Dyyl atricia A. Andrews, Secretary Planning and Development Commission tow. eift Page 7 FOFPET52 . 97/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.97/PET52 .97