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HomeMy WebLinkAboutG3-10 (3) Ordinance No. G3-10 AN ORDINANCE GRANTING A MAP AMENDMENT FROM RCI RESIDENTIAL CONSERVATION DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (130 North McLean Boulevard) WHEREAS, written application has been made requesting a map amendment from RC 1 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 10 of Boulevard Villa, in the City of Elgin, Kane County, Illinois (Property commonly known as 130 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 130 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 dwellings" [SR] (UNCL). Offices division: 7. "Offices" [SR](UNCL). Finance, insurance, and real estate division: 8. "Development sales offices" [SR] (UNCL). rift 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, clock, and jewelry repair" (763). Retail trade division: 36. "Apparel and accessory stores" (56). 37. "Catalog and mail order houses" (5961). 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] (UNCL), 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. "Home 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 r 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, pursuant 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 10 as described in Section 2 shall be subject to the following conditions: Substantial conformance to the Petitioner's Statement of Purpose and Conformance submitted with the development application, undated. 2. 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. 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, r 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 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 Presented: January 13, 2010 r• X Passed: January 13, 2010 G 1 ry Omnibus Vote: Yeas: 7 Nays: 0 '" Recorded: January 14, 2010 Published: Attest: Diane Robertson, City lerk November 6, 2006 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 69-06 Requesting a Map Amendment from RC1 Residence Conservation District to PRB Planned Residence Business District, in the ARC Arterial Road Corridor Overlay District; Property Located at 130 North McLean Boulevard by Elgin Nursing Property, 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: Vacant Proposed Use: Vacant Property Location: 130 North McLean Boulevard Applicants & Owners: Elgin Nursing Property, 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 69-06 November 6, 2006 H. Draft Planned Development Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by Elgin Nursing Home Property,LLC,requesting a map amendment from RC 1 Residence Conservation District to PRB Planned Residence Business District;in the ARC Arterial Road Corridor Overlay District. The subject property is located at 130 North McLean Boulevard(reference Exhibits A, B, C, D, E, and F). The applicant is requesting approval to rezone the subject property from RC1 to PRB to allow the property located at 110 North McLean to be rezoned to PRB. The site is a vacant lot containing 10,509 square feet of land. The applicant is not proposing any use or improvements to the site (reference Exhibits G and H). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 69-06 on October 16,2006. The applicant testified at the public 4"11) hearing. Objectors spoke at the public hearing and written correspondence has been submitted (reference Exhibit I). 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 10,509 square feet of land. The property is unimproved. The subject property contains mature trees and has relatively flat topography. 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. - 2 - Findings of Fact Planning and Development Commission Petition 69-06 November 6, 2006 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. 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 northwest 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 1992: R2 Single Family Residence Present: RCI Residence Conservation District ARC Arterial Road Corridor Overlay District In 2001, the City implemented the ARC Arterial Road Corridor Overlay District which requires any new building containing at least 1,000 square feet of building area to be subject to planned development approval. There are no development plans being proposed for the property at this time, future development of the site would require a public hearing, and approval by City Council. 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 - 3 - Findings of Fact Planning and Development Commission Petition 69-06 November 6,2006 land use and zoning. 4115 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 area to the north is zoned CF Community Facility District and is developed with a nursing home and related off street parking.The areas to the south and west of the subject property are zoned RC1 Residence Conservation District, and is developed with single family homes.The area to the east across McLean Boulevard is zoned RC2 Residence Conservation District and is also development with single family homes.The proposed PRB Planned Residence Business District would provide appropriate transitional land uses between McLean Boulevard and the adjoining residential neighborhood. 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 on the edge of a residential neighborhood. Due to the 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 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 strict application of the other chapters of this title; - 4 - Findings of Fact Planning and Development Commission Petition 69-06 November 6, 2006 row 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 conditions of the RB Residence Business District. There are no development plans being proposed at this time. Future development of the site will require City Council approval. The subject property is being rezoned to provide contiguity to the CF Community Facility District for the property located at 110 North McLean Boulevard. 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. 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. The subject property contains mature trees,but no other significant natural features worthy of preservation. A tree survey will need to be submitted as part of future development submittals to determine whether the trees are worthy of preservation. - 5 - Findings of Fact Planning and Development Commission Petition 69-06 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 development will be regulated by the terms and conditions of the zoning district 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. Any future development of this site will require a public hearing and City Council approval as it located within an ARC Arterial Road Corridor Overlay district. 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 Planned Residence Business District. The applicant is not requesting any departures from the normal standards, regulations, and requirements of the RB zoning ordinance. SUMMARY OF 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 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. 2. Zoning District. The applicant is not requesting any departures from the standard conditions of the RB Residence Business District. There are no development plans being proposed at this time.Future development of the site will require City Council approval. The subject property is being rezoned to provide contiguity to the CF Community Facility District for the property located at 110 North McLean Boulevard. - 6 - Findings of Fact Planning and Development Commission Petition 69-06 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. Any future development of this site will require a public hearing and City Council approval as it located within an ARC Arterial Road Corridor Overlay district. 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: t 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance submitted with the development application, dated July 18, 2006. 2. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 69-06 was adopted. Respectfully Submitted, kd ��, ' • Robert Siljestrom, ng Chairman Planning and Development Commission c15 Sarosh Saher, Secretary Planning and Development Commission - 7 -