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HomeMy WebLinkAboutG53-06 Ordinance No. G53-06 k AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY AT 599 WATERFORD DRIVE (Waterford Subdivision Clubhouse and Pool) WHEREAS, written application has been made to reclassify certain property located at 599 Waterford Drive from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission 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 Planning and Development 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 7, 2005,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 PCF Planned Community Facility District the following described property: Lots 324, 325, 326 and 327 in Waterford Subdivision — Neighborhood 6 being a subdivision of part of the Southeast Quarter of Section 19,the Southwest Quarter of Section 20 and the Northeast Quarter of Section 30, all in Township 41 North,Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 19, 2004 as Document No. 2004K110364 and Certificate of Correction recorded September 9, 2004 as Document No. 2004K119644, in Kane County, Illinois. Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PCF Planned Community Facility District, for the property commonly known as 599 Waterford Drive Drive,and legally described above,which shall be designed,developed,and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general,community facilities provide governmental,recreational,educational,health,social, religious, and transportation services to the community on a for profit or a not for profit basis. 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, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF 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, 1976, as amended. D. Zoning Districts-Generally. In this PCF 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, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning 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. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976,as amended. The following enumerated"land uses" [SR] shall be the only land uses allowed as a"permitted use" [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Services Division 1. Clubhouse, exclusively accessory to Waterford Subdivision. Such use shall include "offices"(UNCL),physical fitness facilities(7991),locker rooms,multi-purpose rooms, outdoor pool, and outdoor volleyball court.. Construction Division. 2. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 3. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 4. "Radio and television antennas" [SR] (UNCL). 5. "Satellite dish antennas" [SR] (UNCL). 6. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 7. "Fences and walls" [SR] (UNCL). 8. "Loading facilities" [SR](UNCL),exclusively"accessory" [SR],subject to the provisions of Chapter 19.47, Off Street Loading. 9. "Parking lots" [SR] (UNCL), exclusively"accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 10. "Parking structures" [SR](UNCL),exclusively"accessory" [SR]to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 11. "Refuse collection area" [SR]. 12. "Storage Tanks" [SR] (UNCL). 13. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 14. "Temporary uses" [SR] (UNCL). 15. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 16. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Mining Division. 1. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Conditional Commercial Antenna Tower" [SR] (UNCL). 4. "Other radio and television antennas" [SR] (UNCL). 5. "Other satellite dish antennas" [SR] (UNCL). Miscellaneous Uses Division. 6. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 7. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 8. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 9. "Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF District, the site design regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site Design, of the EMC, as may be amended from time to time. The development of land and structures shall be in substantial conformance with the following: • 1. Substantial conformance to the Waterford Clubhouse plans and plat of resubdivision, being inclusive of: a. Final Plat of First Resubdivision of Waterford Subdivision-Neighborhood 6, prepared by Manhard Consulting, Ltd., dated March 25, 2005. b. Proposed Improvements for Waterford Subdivision-Clubhouse,prepared by Manhard Consulting, Ltd.,dated May 2,2005 and last revised May 20,2005. c. Site Plan and Landscape Plan for Waterford Subdivision - Clubhouse, prepared by Bloodgood Sharp Buster, dated May 28, 2005 and last revised January 9, 2006. d. Elevation Drawings and Floor Plan, prepared by Bloodgood Sharp Buster, dated January 28, 2005 and last revised January 16, 2006. 2. The clubhouse building shall meet the exterior building materials requirements of the Community Design Guidelines of the Comprehensive Plan. 3. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PCF 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 PCF 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 PCF 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 PCF 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 PCF zoning district authorize such an application. L. Planned Developments. . In this PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF 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 PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. r N. Variations. In this PCF 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. Any of the requirements of this ordinance may be varied by petition of a 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 in this PCF 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. 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 this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. r d Sc 41Pir-i----- , ayor Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: PC4914-vx-C Ple—cia;---- _ Dolonna Mecum, City Clerk (1..1-- November 7, 2005 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 62-05 Requesting Approval of a First Amendment to Annexation Agree- ment, a Zoning Reclassification from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District, and a Resubdivision of a Portion of Waterford Subdivision- Neighborhood 6; by Kimball Hill Homes, as Applicant and Owner. GENERAL INFORMATION Requested Action: First Amendment to Annexation Agreement PCF Planned Community Facility District Zoning Plat of Resubdivision Current Zoning: PSFR2 Planned Single Family Residence District Existing Use: Vacant Lots Property Location: 599 Waterford Drive Applicant/Owner: Kimball Hill Homes Staff Coordinator: Tom Armstrong LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) EXHIBIT Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 G. Development Plan (see attached) H. Standards for Planned Developments (see attached) BACKGROUND An application has been filed by Kimball Hill Homes requesting approval of a first amendment to an Annexation Agreement,a zoning reclassification from PSFR2 Planned Single Family Residence Dis- trict to PCF Planned Community Facility District, and a resubdivision of a portion of Waterford Subdivision-Neighborhood 6. The property is located at 599 Waterford Drive(reference Exhibits A, B, C, D, E, and F). The subject property is located in Waterford Subdivision, which was annexed and zoned in July, 2003. The four lots which comprise the subject property were originally intended to be improved with single family homes. The applicant is now proposing to consolidate the four lots into one par- cel, and to construct a clubhouse and swim club on the subject property. The clubhouse and recrea- tion amenities include a gathering room, kitchen, locker room,pool, spa,playground and sand vol- leyball court (reference Exhibits G and H). GENERAL FINDINGS After due notice,as required by law,the Planning and Development Commission held a public hear- ing in consideration of Petition 62-05 on October 17,2005. The applicant testified at the public hear- ing and presented documentary evidence in support of the application. Public testimony was pre- sented at the public hearing. The Community Development Group submitted an Annexation, Zoning and Subdivision Review, dated October 12, 2005. The Planning and Development Commission has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the proposed an- nexation, zoning and subdivision, with respect to its size, shape and any existing improve- ments. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 1.89 acres. The property is relatively flat and is bounded on three sides by streets-Erin Drive,Longcommon Parkway,and Waterford Drive. 2 Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 B. Sewer and Water Standard. The suitability of the subject property for the proposed an- nexation,zoning and subdivision with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the sewer and water standard. The proposed clubhouse and swim club would connect to existing sanitary sewer and water systems serving Waterford Subdivision. A storm sewer system and storm water management basins have been constructed in the sub- division to manage the volume and quality of storm water leaving the development. C. Traffic and Parking Standard.The suitability of the subject property for the proposed an- nexation, zoning and subdivision 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 proposed annexation,zoning and subdivi- sion with respect to the traffic and parking standard. The subject property has frontage along three streets. When completed, Longcommon Parkway will function as a major collector street connecting between US Route 20 on the north and Bowes Road on the south. No di- rect access is proposed to Longcommon Parkway. e"` Erin Drive and Waterford Road function as neighborhood streets in Waterford Subdivision. One point of vehicular access is provided to both neighborhood streets. Pedestrian access is provided via the sidewalk system in Waterford Subdivision. The proposed 3,160 square foot clubhouse and swim club would be served with 51 off-street parking spaces. D. Zoning History Standard. The suitability of the subject property for the proposed annexa- tion,zoning and subdivision with respect to the length of time the property has remained un- developed or unused in its current zoning district. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the zoning history standard. The subject property was annexed and zoned PSFR2 Planned Single Family Residence District in July,2003 as a part of Waterford Subdivision. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to consistency and compatibil- ity with surrounding land use and zoning. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the surrounding land use and zoning standard. The area located to the east of the subject property is zoned PCF Planned Community Facility District. The area in- 3 Findings of Fact Planning and Development Commission �r► Petition 62-05 November 7, 2005 eludes riparian woodlands associated with an un-named tributary stream draining to Otter Creek. Portions of the area located to the north of the subject property are zoned PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District. Properties located in the PSFR2 District are developing with single family homes in Waterford Subdivi- sion. The property located in the PCF District will be developed as a neighborhood park serving the surrounding residential neighborhoods. The areas located to the south and west of the subject property are zoned PSFR2 Planned Single Family Residence District. The properties located in the PSFR2 District are develop- ing with single family homes in Waterford Subdivision. F. Trend of Development Standard. The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the trend of development standard. The subject property is located within the Waterford Subdivision. The subdivision and the surrounding area are developing with residential neighborhoods. G. Zoning Districts Standard.The suitability of the subject property for the proposed annexa- tion, zoning and subdivision with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. For planned development districts,the planned development should demonstrate the follow- ing 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 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 vegetation. Planned residential districts should be located in substantial conformance to the official com- prehensive 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. 4 Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the zoning districts standard. The applicant is proposing to rezone the subject property from PSFR2 Planned Single Family Residence District to PCF Planned Community Facility District. The net acreage and land use of the proposed zoning district is described on the following table: ZONING DISTRICT NET ACREAGE PROPOSED LAND USE PCF District 1.89 Acres Private clubhouse including gathering room, kitchen, locker room, pool, spa, playground, and sand volleyball court H. Comprehensive Plan Standard.The suitability of the subject property for the proposed an- nexation, zoning and subdivision with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the comprehensive plan standard. The subject property is designated as "Low Density Residential"(2.1 dwelling units to 4 dwelling units per net acre)on the Land Use exhibit in the Elgin Comprehensive Plan and Design Guidelines. Natural Preservation Standard.The suitability of the subject property for the proposed an- nexation, zoning and subdivision with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings: The subject property is suitable for the proposed annexation,zoning and subdivi- sion with respect to the natural preservation standard. There are no significant natural fea- tures on the subject property. J. Internal Land Use Standard. The suitability of the subject property for the intended an- nexation,zoning and subdivision with respect to the land uses permitted within the develop- ment 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 suitable for the proposed annexation,zoning and subdivi- sion with respect to the internal land use standard. With a few recommended revisions to the site plan and landscaping plan,the setbacks, screening and landscaping of the proposed club- house,off-street parking,and recreation facilities should mitigate the impact of the more ac- tive uses on the neighboring single family homes. The Planning and Development Commis- sion recommended adding landscape materials and a solid screening fence along the south- erly property line, and relocating the volleyball court a few feet to the north to remove the encroachment into the transition landscape yard. The applicant verbally agreed to the rec- ommended revisions to the site plan and landscape plan. 5 Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 The proposed development of the subject property and Waterford Subdivision is designed in general conformance with the applicable zoning and subdivision standards. The zoning and subdivision standards are intended to prevent undue detrimental influence on the proposed internal land uses and on surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements,and procedures of the Elgin Zoning and Subdivision Ordinances. This planned devel- opment is proposed to be zoned PCF Planned Community Facility District. The applicant is request- ing certain departures from the normal standards, regulations, and requirements of the zoning and subdivision ordinances. For the purposes of this section, the most similar zoning district is the CF Area Business District. The applicant is requesting the following proposed departures: • Section 19.12.600 - Obstructions in Yards. The subject property has three street yards (area between the clubhouse building and adjoining streets). Swimming pools,playgrounds, and rec- reational equipment are not listed as allowable obstructions in street yards and transition land- scape yards in the CF District. The proposed volleyball court,pool, and playground are located within the street yard between the clubhouse building and Longcommon Parkway. The proposed playground is also located within the street yard between the clubhouse building and Waterford Drive. The subject property has one transition landscape yard along the southerly property line. The proposed volleyball court encroaches approximately three and one-half (3.5') feet into the twenty-six (26') foot transition landscape yard along the southerly property line. The Planning and Development Commission recommended shifting the location of the volleyball court to eliminate this requested departure. A fifty(50') foot landscape buffer extends along Longcommon Parkway in Waterford Subdivi- sion. Portions of the volleyball court(5 foot encroachment),pool deck(5.6 foot encroachment), playground(28 foot encroachment), and off-street parking lot(24.3 foot encroachment) extend into this landscape buffer recorded on the final plat of Waterford Subdivision-Neighborhood 6. SUMMARY OF UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings,un- resolved issues, and alternatives: A. Findings eglik The proposed clubhouse building and recreation facilities are consistent with similar facilities 6 Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 which have been approved in other residential subdivisions. The quality of the architecture and site design will allow the facility to blend with the surrounding neighborhood,and be an asset to Waterford Subdivision. B. Unresolved Issues At this time there are no unresolved issues. B. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval,denial,or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 62-05. On a motion to recommend approval, subject to the following conditions, the vote was six (6)yes and one (1)no: e►. 1. Substantial conformance to the Waterford Clubhouse plans and plat of resubdivision,with revi- sions as required by the Community Development Group,Engineering Division,Parks and Rec- reation Department,Public Works Department,and Water Department. Revisions shall include the following: a. Provide additional landscape screening along the southerly property line. b. Provide a solid screening fence along the southerly property line. c. Relocate the volleyball court approximately three and one-half feet(3.5') to the north to re- move it from the transition landscape yard along the southerly property line. The Waterford Clubhouse plans and plat of resubdivision being inclusive of: a. Final Plat of First Resubdivision of Waterford Subdivision - Neighborhood 6, prepared by Manhard Consulting, Ltd., dated March 25, 2005. b. Proposed Improvements for Waterford Subdivision-Clubhouse,prepared by Manhard Con- sulting, Ltd., dated May 2, 2005 and revised May 20, 2005. c. Site Plan and Landscape Plan for Waterford Subdivision - Clubhouse, prepared by Bloodgood Sharp Buster, dated May 28, 2005. d. Elevation Drawings and Floor Plan,prepared by Bloodgood Sharp Buster,dated January 28, 2005. 2. The clubhouse building shall meet the exterior building materials requirements of the Commu- nity Design Guidelines of the Comprehensive Plan. 7 Findings of Fact Planning and Development Commission Petition 62-05 November 7, 2005 3. Revisions to the first amendment to annexation agreement,as required by the Corporation Coun- sel,Community Development Group,Parks and Recreation Department,Engineering Division, Public Works Department, and Water Department. 4. Conformance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 62-05 was adopted. Respectfully Submitted, John Hurlbut, Chairman Planning and Development Commission Tom Armstrong, Secretary Planning and Development Commission 8