HomeMy WebLinkAboutG2-10 • Ordinance No. G2-10
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM
RC1 RESIDENTIAL CONSERVATION DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO
PRB PLANNED RESIDENCE BUSINESS DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(I 10 North McLean Boulevard)
WHEREAS, written application has been made requesting a map amendment from RCI
Residence Conservation and ARC Arterial Road Corridor Overlay District to PRB Planned
Residence Business District; and ARC Arterial Road Corridor Overlay 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 October 16, 2006, 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 PRB Planned Residence Business
District the following described property:
Lot I and Lot 12, except the westerly 24 feet 8 inches, of
Boulevard Villa, in the City of Elgin, Kane County, Illinois
(Property commonly known as 110 North McLean Boulevard, in
Elgin).
Section 3. That the City Council of the City of Elgin hereby grants the map
amendment to PRB Planned Residential Business District, for the property commonly known as
110 North McLean Boulevard, 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 PRB zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
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 PRB 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 PRB 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 PRB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PRB 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 PRB 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 PRB zoning district:
Permitted Uses: The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PRB Residence Business District:
Residence division:
1. "Residential garage sales" [SR] (UNCL).
2. "Residential outdoor storage of firewood" [SR] (UNCL).
3. "Residential parking areas- [SR] (UNCL).
4. "Residential storage" [SR] (UNCL).
5. 'Residential storage of trucks and buses" [SR] (UNCL).
6. "Single family detached dwelling" [SR] (UNTCL).
Offices division:
7. '`Offices" [SR] (UNCL).
Finance, insurance, and real estate division:
8. "Development sales offices" [SR] (UNCL).
9. "Finance, insurance, and real estate [H].
•
• Services Division.
10. "Advertising" (731).
11. "Commercial, economic, sociological and educational research" (8732).
12. "Commercial, physical, and biological research" (8731).
13. "Computer programming, data processing, and other computer related
services" (737).
14. "Consumer credit reporting agencies" (732).
15. "Detective and guard services" (7381).
16. "Electrical and electronic repair shops" (7629).
17. "Engineering, accounting, research, management and related services"
(87).
18. "Family residential care facility [SR].
19. "Garment pressing, and agents for laundries and dry cleaners" (7212).
20. "Home healthcare services" (808).
21. "Legal Services" (811).
22. "Mailing, reproduction, commercial art and photography and stenographic
services" (733).
23. "Management and public relations services" (874).
24. "Medical and dental laboratories" (807).
25. "Miscellaneous personal services not elsewhere classified" (7299).
26. "News syndicates" (7383).
27. "Noncommercial research organizations" (8733).
28. "Photographic studios.. portrait" (722).
• 29. "Professional sports operators and promoters" (7941).
30. "Radio and television repair shops" (7622).
31. "Residential care facility" [SR].
32. "Security systems services" (7382).
33. "Shoe repair shops and shoeshine parlors" (725).
34. "Tax return preparation services" (7291).
35. "Watch, clo(ck, and jewelry repair" (763).
Retail trade division:
36. "Apparel and accessory stores" (56).
37. "Catalog and mail order houses"
38. "Optical goods stores" (5995).
Agricultural division:
39. "Farm labor and management services" (076).
40. "Landscape counseling and planning" (0781).
Transportation, communication, and utilities division:
41. "Arrangement of passenger transportation" (472).
42. "Arrangement of transportation of freight and cargo" (473).
43. 'Bus charter service operators' offices" (414).
44. "Cable and other pay television services" (484).
45. "Communication services not elsewhere classified" (489).
46. "Intercity and rural bus transportation operators' office" (413).
47. "Local and suburban passenger transportation operators' offices" (411).
48. "Railroad operators' offices" (401).
49. "Telegraph and other message communications" (482).
• 50. "Telephone communications" (481).
Miscellaneous uses division:
51. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
RB residence business district, subject to the provisions of section
19.12.500 of this title.
52. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the RB
residence business district; subject to the provisions of section 19.10.400
of this title.
53. "Fences and walls" [SR] (UNCL).
54. "Loading facilities" [SR] (UNTCL), exclusively "accessory" [SR] to a
permitted use allowed in the RB residence business district, subject to the
provisions of chapter 19.47 of this title.
55. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
use allowed in the RB residence business district, subject to the provisions
of chapter 19.45 of this title.
56. "Refuse collection area" [SR].
57. "Signs [SR] (UNCL), subject to the provisions of chapter 19.50 of this
title.
Temporary uses [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PRB Planned Residence Business
District:
•
Services division:
1. "Child daycare services" (835).
2. "Horne child daycare services" [SR] (8351).
3. "Individual and family social services" (832).
4. "Job training and vocational rehabilitation services" (833).
5. "Other schools and educational services" (829).
6. "Physical fitness facilities" (7991).
7. "Reupholstery and furniture repair" (764).
Miscellaneous uses division:
8. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
the RB residence business district, subject to the provisions of section
19.12.500 of this title.
9. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the RB
residence business district, subject to the provisions of section 19.10.400
of this title.
10. "Master signage plan" [SR], subject to the provisions of chapter 19.50 of
this title.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two (2) acres of land, subject to the provisions of chapter 19.60 of
this title.
•
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the RB residence
business district or in a less restrictive zoning district, to subsection
19.10.400H of this title:
Services division:
1. 'Business services not elsewhere classified" (7389).
2. "Laundry and garment services not elsewhere classified" (7219).
3. "Miscellaneous health and allied services not elsewhere classified" (809).
4. "Miscellaneous personal services not elsewhere classified" (7299).
5. "Miscellaneous repair shops and related services" (769).
6. "Services not elsewhere classified" (899).
7. "Social services not elsewhere classified" (839).
G. Site Design. In this PRB District, except as otherwise provided for herein, Lot 11
as described in Section 2 shall be subject to the following conditions:
1. Substantial conformance to the Petitioner's Statement of Purpose and
Conformance and Floor Plan, submitted with the development application
and cover letter prepared by Richard L. Heimberg, Esquire: dated July 18,
2006.
• 2. Substantial conformance to the Preliminary Site and Landscape Plan
prepared by Paul Bednar Planning, & Design, Ltd. and dated August 1,
2006.
3. In addition to the proposed landscaping, a six foot high solid fence shall be
installed along the west and south property lines.
4. Any future dumpster enclosure shall be screened as required by the zoning
ordinance.
5. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PRB District, off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended.
L Off-Street Loading. In this PRB 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 PRB 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 PRB 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 PRB zoning district
authorize such an application.
L. Planned Developments. . In this PRB 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. An
application for a planned development may be requested by an individual lot or
property owner for a zoning lot without requiring an amendment to this PRB
zoning district and without necessitating that all other property owners in this
PRB zoning district authorize such an application.
M. Conditional Uses. In this PRB 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 PRB zoning district and without necessitating that all other
property owners in this PRB zoning district authorize such an application.
N. Variations. In this PRB 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.
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
Zn
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.
Ed Schock, Mayor
•
r' •-.i�r tiP
Presented: January 13, 2010
• Passed: January 13, 2010
Omnibus Vote: Yeas: 7 Nays: 0 T ¢'
Recorded: January 14; 2010
Published:
Attest:
Diane Robertson, Cit} Clerk
•
•
November 6, 2006
FINDINGS OF FACT
• Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 68-06 Requesting a Map Amendment from RC 1 Residence Conservation
District to PRB Planned Residence Business District; to Permit the Establishment of Offices in the
ARC Arterial Road Corridor Overlay District;Property Located at 110 North McLean Boulevard by
BWK Properties, LLC, as Applicants and Owners.
BACKGROUND
Requested Action: Map Amendment
Current Zoning: RC1 Residence Conservation District
ARC Arterial Road Corridor District
Proposed Zoning: PRB Planned Residence Business District
• Existing Use: Single Family Home
Proposed Use: Offices
Property Location: 110 North McLean Boulevard
Applicants &Owners: BWK Properties, LLC.
Staff Coordinator: Denise Momodu, Associate 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. Environmental Map (see attached)
• F. Site Photos (see attached)
EXHIBIT
G. Development Plan (see attached)
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
H. ' Draft Planned Development Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by BWK Properties, LLC, requesting a.map amendment from RC1
Residence Conservation District to PRB Planned Residence Business District to permit the
establishment of offices in the ARC Arterial Road Corridor Overlay District.The subject property is
located at 110 North McLean Boulevard (reference Exhibits A, B, C, D, E, and F).
The subject property is improved with a one story brick house and paved driveway. The applicant is
proposing to use the existing 2,500 square foot house for office uses.The site will be improved with
paved parking and landscaping(reference Exhibits G and H).
It should be noted that this proposed rezoning provides for the introduction of a parking lot which
extends back into the residential neighborhood. This will result in the home to the north being
directly across the street from the parking lot. The home to the west will adjoin the parking lot,and
the home to the south will back to the parking lot. The applicants will construct landscape setbacks
that are intended to provide mitigation.
GENERAL FINDINGS
After due notice, as required by law; the Planning and Development Commission held a public
hearing in consideration of Petition 68-06 on October 16,2006. The applicant testified at the public
hearing. Objectors spoke at the public hearing and written correspondence has been submitted
(reference Exhibit 1). The Community Development Group submitted a Map Amendment Review,
dated October 11, 2006.
The Planning and Development Commission has made the following findings concerning the
standards for planned developments:
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.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is a regularly shaped parcel containing 23,120 square feet of land. The
property is improved with a one story brick house and paved driveway.The site is relatively
flat. There are no significant natural features or vegetation present on the subject property.
- 2 -
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
• 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 proposed planned development with
respect to the sewer and water standard.
The subject property will be served by municipal water and sanitary sewer facilities.
Stormwater control will need to be provided on site in accordance with the stormwater
ordinance.
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 the southwest corner of McLean Boulevard and Easy
Street. Easy Street is a local street serving the Country-Knolls subdivision. McLean
Boulevard is an arterial road which carries a significant amount of traffic,and serves the west
side of Elgin.
Off-street parking will be provided in conformance with the off-street parking ordinance.
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.
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
1960: A Residential
1961: A Residential
1962: R2 Single Family Residence District
1992: R2 Single Family Residence District
Present: RC1 Residence Conservation District
ARC Arterial Road Corridor Overlay District
• The subject property was annexed to the City of Elgin in 1960 and zoned residential. The
property was originally owned by Dr. Rochus Stiller and his wife. Dr. Stiller designed the
- 3 -
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
house to function as his private residence with a connected medical office.
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 subject property is located on the edge of a residential neighborhood. The areas to the
north,south and west of the subject property are zoned RC 1 Residence Conservation District.
The area to the east across McLean Boulevard is zoned RC2 Residence Conservation District
and is also developed with single family homes. Due to the location of the subject property,
low intensity office uses are an appropriate transitional use.
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 roe is located on the edge of a residential neighborhood. Due to the
J property rtY g 1�
location of the subject property,low intensity office uses are an appropriate transitional use.
Accordingly,the adaptive reuse of the property for offices provides a compatible transition
between the adjoining residential district and McLean Boulevard,which has business zoning
further north and south.
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 PRB Planned Residence Business District is to conserve the residential
character of certain properties located within transportation corridors as designated by the
official comprehensive plan by providing various use alternatives, but with site design
regulations in keeping with a planned residential environment, subject to the provisions of
Chapter 19.60, Planned Developments. A PRB zoning district is most similar to,but may
depart from the standard requirements of the RB Residence Business District.
The purpose and intent of the provision of 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
- 4
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
• 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; and
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 PRB
Planned Residence Business District.
The applicant is not requesting any departures from the standard regulations of the RB
Residence Business Zoning District. However, the subject property is not big enough to
meet the minimum area of 2 acres to constitute a separate RB District exclusive of right of
way. The applicant is requesting to rezone the intervening property located at 130 North
McLean Boulevard to provide contiguity to the adjacent CF Community Facility District
which will then permit the rezoning the subject property to R.B.
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"Low Density Residential(2.1 -4 dwelling units per net
acre)" by the Comprehensive Plan and Design Guidelines (2005). The Low Density
Residential designation offers neighborhoods access to collector roads, access to water and
sanitary sewer systems, and proximity to public safety services. The provision of park and
open space is encourages to provide opportunities for recreation and access to pedestrian and
bicycle trail systems. Other uses allowed in this category may include neighborhood
commercial centers,churches and school in locations deemed appropriate by the City. While
not in conformance with this designation, the adaptive reuse of the property for offices
provides a compatible transition between the adjoining residential district and McLean
Boulevard, which has business zoning further north and south.
I. 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 significant natural features present at the subject property worthy of
preservation.
- 5 -
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
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 suitable for the intended planned development with
respect to the internal land use standard.
The proposed zoning district will be regulated by the terms and conditions of the planned
development ordinance controlling the use and development of the subject property. The
planned development ordinance is intended to prevent undue detrimental influence on the
proposed internal land uses and on the surrounding properties. The applicant has agreed to
limit the permitted uses to residential and office type uses.
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. This planned development is proposed to be
zoned PRB District. The applicant is not requesting any departures from the normal standards,
regulations, and requirements of the RB zoning ordinance.
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. Trend of Development. The subject property is located on the edge of a residential
neighborhood. Due to the location of the property, low intensity office uses are an
appropriate transitional use. Accordingly, the adaptive reuse of the property for
offices provides a compatible transition between the adjoining residential district and
the character of McLean Boulevard, which has business zoning further north and
south.
2. Zoning District. The applicant is not requesting any departures from the standard
regulations of the RB Residence Business Zoning District. However, the subject
property is not big enough to meet the minimum area of 2 acres to constitute a
separate RB District exclusive of right of way.. The applicant is requesting to rezone
the intervening property located at 130 North McLean Boulevard to provide
contiguity to the adjacent CF Community Facility District which will then permit the
rezoning the subject property to RB.
- 6 -
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
• 3. Internal Land Use. The proposed zoning district will be regulated by the terms and
conditions of the planned development ordinance controlling the use and
development of the subject property. The planned development ordinance is
intended to prevent undue detrimental influence on the proposed internal land uses
and on the surrounding properties. The applicant has agreed to limit the permitted
uses to residential and office type uses.
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.
DECISION
On a motion to recommend approval, subject to the following conditions, the vote was four(4)yes
and zero (0)no:
• 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance and
Floor Plan,submitted with the development application and cover letter prepared by Richard
L. Heimburg, Esquire; dated July 18, 2006.
2. Substantial conformance to the Landscape Plan prepared by Paul Bednar Planning&Design,
Ltd. and dated August 1, 2006 with revisions as required by the Community Development
Group.
3. A six foot high solid fence shall be installed along the west and south property lines.
4. Any future dumpster enclosure shall be screened as required by the zoning ordinance.
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 68-06 was adopted.
- 7 -
Findings of Fact Planning and Development Commission
Petition 68-06 November 6, 2006
Respectfully Submitted,
Robert Siljestrom, AWting Chairman
Planning and Development Commission
Sarosh Saher, Secretary
Planning and Development Commission
- 8 -