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HomeMy WebLinkAboutG7-03 • I e" Ordinance No . G7-03 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (765-785 Fletcher Drive) WHEREAS, written application has been made to reclassify certain property located in the AB Area Business District at 765- 785 Fletcher Drive from AB Area Business District to PAB Planned Area Business District ; and 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 of the City 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 06, 2003 made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. 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 PAB Planned Area Business District the following described property: Lots 452 and 453 of Valley Creek of Elgin, Unit No. 11, in the City of Elgin, Kane County Illinois . Section 3 . That Ordinance #G05-00 is hereby repealed. Section 4 . That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District rezoning from AB Area Business District to PAB Planned Area Business District for the above described property at 765-785 Fletcher Drive which shall be designed, developed, and operated subject to the following provisions : A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population, subject to the provisions of Chapter 19. 60, Planned Developments. B. 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. C. General Provisions . In this PAB 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 may be amended from time to time . D. Zoning Districts - Generally. In this PAB District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07 , Zoning Districts, as may be amended from time to time . E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB 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, unless such land is located between any nonresidential zoning district , and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned community facility district shall be granted by the City Council . F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10 , Land Use, of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] , in this PAB Planned Area Business District and there shall be no other "permitted use" [SR] , "conditional use" [SR] , or "similar use" [SR] allowed in the PAB Planned Area Business District : Residences Division. 1 . Senior living facility limited to residents 62 years of age and older (UNCL) . 2 . One employee apartment per building occupied by an employee who performs substantial duties directly related to the management and/or maintenance of the property, with occupancy thereof limited to the employee and such employee' s spouse and children. (UNCL) Transportation, Communication and Utilities Division. 3 . "Radio and television antennas" [SR] (UNCL) . 4 . "Satellite dish antennas" [SR] (UNCL) . 5 . "Treatment , transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 6 . "Fences and walls" [SR] (UNCL) . 7 . "Loading facilities" [SR] (UNCL) , exclusively "accessory" [SR] , subject to the provisions of eft. Chapter 19 . 47, Off Street Loading. 8 . "Parking lots" [SR] (UNCL) , exclusively "accessory" [SR] to a use allowed in the zoning district , subject to the provisions of Chapter 19 .45, Off Street Parking. 9 . "Refuse collection area" [SR] . 10 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50 , Signs . 11 . "Temporary uses" [SR] (UNCL) . 12 . "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the CF Community Facility District, subject to the provisions of Section 19 . 12 . 500, Accessory Structures and Buildings . 13 . "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the CF Community Facility District, subject to the provisions of Section 19 . 10 . 400, Component Land Uses . G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19 . 12 , Site Design, of the Elgin Municipal Code, as amended. The development eft of land and structures shall be in substantial conformance with the following: eft 1 . Substantial conformance to the Memo, encompassing the Second Amended Development Application for the building located at 785 Fletcher Drive submitted by Peter Bazos, Esquire; dated November 30 , 1999 . 2 . Substantial conformance to the Memo, encompassing the Second Amended Development Application for the building located at 765 Fletcher Drive, submitted by Peter Bazos, Esquire; dated November 19, 2002 . 3 . Substantial conformance to the Site Plan for the building located at 785 Fletcher Drive dated 11-19- 99, encompassing building elevations dated 10-11- 99, a landscape plan dated 11-29-99, and floor plans dated 5-26-99; prepared by Alden Design Group, Inc . 4 . Substantial conformance to the Site Plan for the building located at 765 Fletcher Drive dated 11-22- 02 and revised 01-08-03 , encompassing building elevations dated 10-09-02 and revised 11-22-02 , a landscape plan dated 11-05-02 and revised 12-05-02 , and floor plans dated 10-09-02 and revised 01-08- 03 ; prepared by Alden Design Group, Inc . eft 5 . In addition to the proposed landscaping depicted on the landscape plan dated 11-29-99, all landscaping shall comply with Section 19 . 12 . 700 (C. ) Vehicle Use Area Landscape Yard, of the Elgin Zoning Ordinance . 6 . A further requirement and condition of this planned development is that the property and the housing thereon is intended for, and shall be solely occupied by, persons 62 years of age or older. An exception to this requirement and planned development shall be allowed for one apartment unit in each building which may be occupied by an employee of the facility and such employee' s family as hereinafter described who are under 62 years of age provided such employee performs substantial duties directly related to the management and/or maintenance of the property. Persons authorized to occupy such employee management and/or maintenance apartment shall be limited to the management and/or maintenance employee, such employees' spouse and children. eft 7 . Compliance with all other applicable codes and ordinances . H. Off Street Parking. In this PAB Planned Area Business 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, except as provided within this section. The location and design of driveways and off street parking facilities shall be subject to the Preliminary Site Plan, prepared by Alden Design Group, and dated November 22 , 2002 , and revised January 8 , 2003 . I. Off Street Loading. In this PAB Planned Area Business District, off street loading shall be subject to the provisions of Chapter 19 . 47, Off Street Loading, as may be amended from time to time . J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19 . 50 , Signs, as may be amended from time to time . K. Planned Developments. In this PAB Planned Area Business District , the use and development of the land and structures shall be subject to the provisions of Chapter 19 . 60, Planned Developments, as may be amended from time to time. 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 PCF zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PAB Planned Area Business District, application for conditional uses shall be subject to the provisions of Chapter 19 . 65 , Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19 . 70 , Variations, as may be amended from time to time . A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF 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 provisions of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, as may be amended from time to time . Section 5 . That this ordinance shall be in full force and effect immediately after its passage in the man er provided by law. / • d Schoc , Mayor Presented: January 22 , 2003 Passed: January 22 , 2003 Vote : Yeas : 7 Nays : 0 Recorded: January 23 , 2003 Published: Attest : 64q14"-4? Dolonna Mecum, City Clerk r January 6, 2003 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 71-02 Requesting a Map Amendment from AB Area Business District to PAB Planned Area Business District Zoning, for a Senior Citizen Independent Living Facility; Property Located at 765-785 Fletcher Drive, by Alden Realty Services, Inc., as Applicant, and Valley Creek of Elgin, Inc. and Fox River Horizon Limited Partnership, as Owners. BACKGROUND Requested Action: Map Amendment Current Zoning: AB Area Business District Proposed Zoning: PAB Planned Area Business District Existing Use: Senior Living Facility and Vacant Property Property Location: 765-785 Fletcher Drive Applicant: Alden Realty Services, Inc. Owner: Fox River Horizon Limited Partnership Valley Creek of Elgin Staff Coordinator: Jennifer Becker, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 G. Development Plan (see attached) H. Draft Planned Development Ordinance (see attached) I. Correspondence (see attached) BACKGROUND An application has been filed by Alden Realty Services,requesting a planned development approval in the AB Area Business District to permit the construction of a new building for the Fox River Horizon senior independent living facility. The subject property is located at 765-785 Fletcher Drive (reference Exhibits A, B, C, D, and E). The site is presently developed with a 42 unit residential building. The applicant is proposing to construct a second 39 unit residential building to the south of the existing building. The proposed structure would be a replica of the existing building. As is the case with the first building, the second building will be limited to those persons 62 years of age or older, and will have several meeting rooms and organized activities for residents. The dwelling units range in size from 676 square feet to 971 square feet in floor area. The exterior of the building will be constructed to match the first building. The first building was approved via a conditional use in 2000. Because the total area of the lots for the existing and proposed buildings exceeds two acres, a map amendment is now required. Consequently, the applicant is requesting a map amendment for a PAB Planned Area Business District zoning classification (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 71-02 on January 6, 2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. The Community Development Group submitted a Map Amendment Review, dated December 26, 2002. 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. - 2 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing approximately 3.42 acres of land. The vacant portion of the property contains approximately 1.5 acres is undeveloped and has relatively level topography. There are no significant natural features,watercourses or vegetation present on the subject property. B. Sewer and Water Standard. The suitability of the 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 facilities. Storm water detention will be provided on site. 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 traffic and parking standard. The subject property is located on Fletcher Drive. Fletcher Drive is a local street,serving the adjoining properties and the Valley Creek Shopping Center. Two points of access along Fletcher Drive are being proposed for the development. The off-street parking ordinance would require 164 parking stalls for two standard multiple family structures containing 82 dwelling units. For elderly public housing, the off street parking ordinance requires one stall per two dwelling units, or 41 stalls. The existing building was approved to provide 40 parking stalls, with 8 stalls land banked for future installation,if the need arose. The applicant is proposing to construct 39 additional parking stalls and to land bank 3 stalls, for a total of 79 spaces, plus 11 land-banked stalls. 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. elk - 3 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 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 was zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1962 Out of City 1992 B-1 Retail Business District Present AB Area Business District The subject property was annexed and zoned B-1 Retail Business District as part of a larger parcel in 1978, and remained undeveloped until the construction of the existing building in 2001. A conditional use for a planned development was previously approved for the existing senior independent living facility. 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 properties to the west and south of the subject property are zoned AB and are developed with a mix of retail, office and service businesses. Located to the north of the subject property are the Mill Creek Townhomes, zoned PRC Planned Residence Conservation District. To the east of the subject property is a TFR Two Family Residence District,developed with duplexes. 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 property 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 at the eastern edge of a community retail center which has developed with a mix of retail, service and office uses. ebk - 4 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 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. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. The PAB Planned Area Business District is subject to the provisions of Chapter 19.60, Planned Developments. In general, the purpose and intent of the provision 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 other chapters of this title. 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 vegetation. 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 PAB Planned Area Business District. This development would not otherwise be possible through the strict application of the zoning ordinance, due to the unique nature of the residential development proposed by the applicant. 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 subject property is designated as an Area Business Center by the Official Comprehensive Plan of Elgin. This designation recognizes the mix of retail and service uses which exist to serve larger subareas of the City. - 5 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 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. Findings. The subject property is suitable for the intended planned development with respect to the Natural Preservation Standard. There are no natural features on the site worthy of preservation. J. Internal Land Use Standard. The suitability of the subject property for the intended planned development 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 unsuitable for the intended planned development with respect to the internal land use standard. The proposed planned development is designed at a greater density than would otherwise be permitted under the standard requirements of both the MFR Multiple Family Residence District and the AB Area Business District. The maximum floor area allowed within the MFR District and under the planned development regulations is one dwelling unit per 5,000 square feet of lot area, and one dwelling unit per 3,000 square feet of lot area,respectively. The existing building was approved at one dwelling unit per 1,945 square feet of lot area(43 units on 83,562 square feet of lot area). The new building is proposed at one unit on 1,681 square feet of lot area(39 units on 65,562 square feet of lot area). If approved with 39 units in the new building, the entire 3.42 acre planned development will have a floor area of one unit for every 1,819 square feet of floor area. If the new building is developed consistent with the density approved for the existing building, only 34 units could be constructed. The proposed planned development is designed with a greater floor area than would otherwise be permitted under the standard requirements of either the MFR Multiple Family Residence District or the AB Area Business District. The maximum allowable floor area in the MFR District is 26,678 square feet for the existing building and 20,530 square feet for the new building.The maximum allowable floor area in the AB District is 44,348 square feet for the existing building and 34,602 square feet for the new building. The existing building was approved at 53,880 square feet of floor area. If constructed with 39 units, the new building will have approximately 46,095 square feet of floor area. This would result in the entire 3.42 acre planned development having a total floor area of 99,975 square feet. - 6 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the AB Area Business District. The applicant is requesting the following departures from the standard requirements of AB Area Business District: 1. Section 19.35.435 (E., 1., c.) - Transition Building Setback. In the AB Area Business District, the minimum required transition building setback is 87 feet for the entire 3.42 acre site. The applicant was granted a departure from the requirements of this section to enable the construction of the existing building setback of approximately 40 feet from the easterly property line. The applicant is proposing to construct the new building approximately 48 feet from the easterly property, for a continuation of the transition building setback departure. 2. Section 19.35.435 (H., 1.) - Transition Landscape Yards. In the AB Area Business District, the minimum required transition landscape yard is 26 feet. The applicant was granted a departure to construct the vehicle use area associated with the existing building setback of 10 feet from the northerly and easterly property lines. The applicant is requesting that the vehicle use area associated with the new building also be located within 10 feet of the easterly property line. 3. Section 19.35.435 (I.) - Floor Area. The maximum allowable floor area in the AB Area Business District is 44,348 square feet for the existing building and 34,602 square feet for the new building. The existing building was approved at 53,880 square feet of floor area and the new building is proposed at 46,095 square feet, for a total of 99,975 square feet, or a 31% departure. For purposes of comparison,the proposal is most similar in character to the MFR Multiple Family Residence District. The following represents departures from the standard requirements of the MFR Multiple Family Residence District: 1. Section 19.25.735 (B.) - Lot Area. In the MFR Multiple Family Residence District, the minimum allowable lot area per dwelling unit is 5,000 square feet. Under the planned development regulations,the maximum allowable lot area per dwelling unit is 3,000 square feet. If approved with 39 units in the new building,the entire 3.42 acre planned development will have a floor area of one unit for every 1,819 square feet of floor area. 2. Section 19.25.735 (H.)-Residential Floor Area. In the MFR Multiple Family Residence District, the maximum allowable residential floor area is 26,678 square feet for the existing building and 20,530 square feet for the new building. The existing building was approved at 53,880 square feet of floor area, and the new building is proposed at 46,095 square feet of floor area. ti - 7 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 eak 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. Positive Attributes. The proposed development has been designed in a manner which is sensitive to the adjoining residential district. This use functions as a transition land use between the more intense AB Area Business District uses to the immediate west and the existing single and two-family residences to the immediate east. The proposed building will help address the great need for affordable senior housing in Elgin. 2. General. Residents will be limited to age 62 or older. Units will rent at or below market rate and will be funded in part by tax credits. However, the funding will not come with any provisions which could negate the age restriction. 3. Zoning District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions. This development would not otherwise be possible through the strict application of the zoning ordinance, due to the unique nature of the residential development proposed by the applicant. 4. Internal Land Use. The proposed planned development is designed at a greater density than would otherwise be permitted under the standard requirements of both the MFR Multiple Family Residence District and the AB Area Business District. The maximum floor area allowed within the MFR District and under the planned development regulations is one dwelling unit per 5,000 square feet of lot area, and one dwelling unit per 3,000 square feet of lot area, respectively. The existing building was approved at one dwelling unit per 1,945 square feet of lot area (43 units on 83,562 square feet of lot area). The new building is proposed at one unit on 1,681 square feet of lot area(39 units on 65,562 square feet of lot area). If approved with 39 units in the new building, the entire 3.42 acre planned development will have a floor area of one unit for every 1,819 square feet of floor area. If the new building is developed consistent with the density approved for the existing building, only 34 units could be constructed. The proposed planned development is designed with a greater floor area than would otherwise be permitted under the standard requirements of either the MFR Multiple Family Residence District or the AB Area Business District. The maximum allowable floor area in the MFR District is 26,678 square feet for the existing building and 20,530 square feet for the new building. The maximum allowable floor area in the AB District is 44,348 square feet for the existing building and 34,602 square feet for the new building. The existing building was approved at 53,880 square feet of floor area. If constructed with 39 units, the new building E will have approximately 46,095 square feet of floor area. This would result in the entire 3.42 acre planned development having a total floor area of 99,975 square feet. - 8 - Findings of Fact Planning and Development Commission Petition 71-02 January 6, 2003 B. Summary of Unresolved Issues. There are no unresolved issues. 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 approval of Petition 71-02. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes,and zero(0) no: 1. Substantial conformance to the Petitioner's Statement, encompassing the Amended Development Application submitted by Peter Bazos, Esquire; dated November 19, 2002. The residents of the proposed senior living facility shall be limited to only those persons 62 years of age or older, regardless of the financing of the project. 2. Substantial conformance to the Site Plan and Landscape Plan dated November 5,2002; and the Site Development Plan which includes building plans and elevations dated November 22, 2002,both prepared by Alden Design Group, Inc. 3. No more than 42 dwelling units may be established in the new building. All Vehicle Use Area and Building Setbacks for the new building shall meet or exceed the setbacks established for the existing building. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 71-02 passed. George Wolff, Chairman Planning and Development Commission rik David Sundland, Secretary Planning and Development Commission - 9 -