HomeMy WebLinkAboutG3-14 Ordinance No. G3-14
AN ORDINANCE
AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G11-07
(Shadow Hill Subdivision Unit 4 - 3625 and 3650 Water Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PSFR2 Planned Single Family Residence District under Ordinance
No. G 11-07; and
WHEREAS, written application has been made to amend PSFR2 Planned Single Family
Residence District Ordinance No. G11-07 to permit the construction of additional single-family
models within the Shadow Hill Subdivision Unit 4; and
WHEREAS, the new single-family models will be constructed with side-entry garages
requiring a reduction in the side yard and street yard setbacks; and
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
Commission conducted public hearings concerning said applications and has submitted its
written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning & Zoning 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 December 2, 2013, made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G 11-07 entitled "An Ordinance Amending Ordinance
G74-04 Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence
District (Shadow Hill Unit 4 Subdivision - 3625 and 3650 Water Road)," passed February 14,
2007, be and is hereby amended only as set forth in this ordinance by amending Section G.5
entitled "Setbacks by Lot Line" by adding the additional subparagraphs f and g thereto to read as
follows:
L Local Street Setback For Lots 96-132. Where a zoning lot has frontage
on a local street, the minimum required setback on Lots 96-132 for a building from a
Street lot line shall be twenty-three (23) linear feet.
g. Side Setback For Lots 96-132. The minimum required building setback
from a "side lot line" [SR] on Lots 96-132 shall be eight (8) linear feet. The combined
width of the side setbacks from the side lot lines shall not be less than sixteen (16) linear
feet.
And subject to the following conditions:
1. Substantial conformance with the Petitioner's Application, Statement of Purpose and
attachments dated November 6, 2013.
2. Substantial conformance to the Departure Exhibits A—D, prepared by Cemcon Ltd., and
dated received November 13, 2013.
3. Substantial conformance to the exhibits entitled "Pulte Plans and General Notes, 2 Car
Side Entry, Elevation 1" for the models entitled "Amberwood, Baldwin, Greenfield,
Hilltop, Westchester, Riverton and Victoria" prepared by Pulte Central Zone dated April
8, 2013, and last revised August 9, 2013.
4. The departure shall be restricted to the 37 lots (Lots 96-132) located west and south of
Range Road referred to as the "infill lots which are not immediately adjacent to or back
up to a built lot" within Shadow Hill Subdivision Unit 4.
5. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G11-07. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, this ordinance and
associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
David J. K in, ayor
Presented: January 22, 2014
Passed: January 22, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: January 22, 2014 """'"'"�s
Published: January 24, 2014
Attest:
Kimberly Dewis, ity C erk
- 2 -
December 2, 2013
PLANNING & ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
OVERVIEW
This report provides the findings and recommendations of staff of the Community Development
Department for petitions 39-13 and 40-13, as the nature of the request is similar for both petitions.
Pulte Group is requesting approval to construct side-entry garages within Shadow Hill and Copper
Springs subdivisions. In order to allow a driveway with access to a property from the front, but
align with a side-entry garage, the developer is requesting approval to allow the building to
encroach up to 2 feet within the required setback from the side or street lot line on the property. A
detailed recommendation of the Planning & Zoning Commission is provided at the end of this
report.
GENERAL INFORMATION
Requested Action: Second Amendment to Annexation Agreement
Amendment to Ordinances No. GI 1-07 and G12-07
Current Zoning: PSFR2 Planned Single Family Residence District
Existing Use: Residential (Developed with Single Family Homes)
Property Locations: Fifty-Six (56) Lots within Shadow Hill Subdivision Unit 4
Two (2) Lots within Copper Springs Subdivision
Applicant and Owner: Pulte Group
Staff Coordinator: Sarosh Saher, AICP, Senior Planner
LIST OF EXHIBITS
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Attachments
F. Draft Ordinances
G. Related Correspondence
Exhibit A
Recommendations and Findings of Fact Planning& Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
BACKGROUND
An application has been filed by Pulte Group, requesting an amendment to the annexation
agreement and the planned district ordinances. The properties that are subject to this requested
amendment are located within Shadow Hill Subdivision Unit 4, and Copper Springs Subdivision.
Shadow Hill subdivision was annexed to the City of Elgin in 2004. The subdivision contains
approximately 218 acres of land area. At that time, Ryland Homes received approval to develop the
subdivision with 486 dwelling units and open space with active and passive recreation areas. Ryland
has completed the development of Units 1 through 3 of the subdivision with single-family and
townhouse units.
Copper Springs subdivision was annexed to the City of Elgin in 2004. The subdivision contains
approximately 102 acres of land area. At that time, Centex Homes received approval to develop the
subdivision with 328 dwelling units and open space with active and passive recreation areas. Centex
has completed a large part of the development with single-family and townhouse units.
Pulte Group has acquired the remaining vacant lots within both subdivisions — 56 lots within
Shadow Hill and 2 lots within Copper Springs — and proposes to develop them with single-family
homes.
To allow the driveways with access to the property from the front, but align with a side-entry
garage, the developer is requesting approval to allow the buildings on these lots to encroach up to 2
feet within the required 10-foot setback from the side lot line on the property. In the case of a corner
lot, the side of the house would face a street lot line and therefore encroach closer to the street by 2
feet. In the case of Copper Springs Subdivision, both lots that are subject to this departure are corner
lots, in which case the buildings will be located closer to the street lot line by 2 feet.
Approval of these departures requires amendment to the planned development ordinances and
annexation agreements of the respective subdivisions requiring a public hearing with city council
approval.
FINDINGS
After due notice, as required by law, the Planning & Zoning Commission held a public hearing in
consideration of Petitions 39-13 and 40-13 on December 2, 2013. The Community Development
Department testified at the public hearing and presented documentary evidence in support of the
application in its Planned Development Review report, dated December 2, 2013.
The Planning & Zoning Commission has made the following findings:
Development within Shadow Hill Subdivision is subject to Ordinance No. G11-07 and development
within Copper Springs Subdivision is subject to Ordinance No. 12-07.
2
Recommendations and Findings of Fact Planning & Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
Both planned development ordinances are similar in the manner in which they treat side yard
building setbacks, in that they require a building to be located 10 feet back from a side lot line. With
respect to street lot lines, the ordinances require a building to be set back 25 feet from a street lot
line in Shadow Hill Subdivision and 30 feet from a street lot line in Copper Springs Subdivision.
The models proposed by Pulte are designed with a garage that is located in front of the primary
elevation of the house. As they relate to the location of garages, the guidance contained within the
adopted 2005 Comprehensive Plan and Design Guidelines generally requires that garages be either
ten feet behind the main residential facade or no closer than two feet to the front of the residence,
provided that additional architectural features are included with this latter option. Residences built
in either manner are typically referred to having a garage recessed orientation. The purpose of the
garage-recessed orientation is to meet the principle in the design guidelines whereby, "Garages
should be designed and oriented to be a secondary element to the more prominent residential
facade, when viewed from the street." Applicable to this orientation, the Elgin Zoning Ordnance
says, "Garage doors should be located or oriented, whenever possible, so that the doors are not
facing the front yard of the site" (§ 19.14.600 C.5.). The guidelines have therefore recommended
ways to minimize the impact of garages on the street through design controls.
Side entry garages on the other hand provide a street-front character that further minimize the
impact of garages on the street, and are therefore a more desirable configuration on the lot —
particularly homes with side-entry garages with their garage doors that face away from the front
entrance of the house. Additionally, a side-entry garage gives the home a larger and more finished
appearance contributing greatly to the curb appeal of the block. Understandably, the developer has
also indicated that a house with a side entry garage will cost more to build.
The guidelines for side entry garages as outlined in the 2005 comprehensive plan are as follows:
• Side-entry garages should normally be designed and oriented to provide access to parking
bays via a side or rear entry, with driveway access not crossing in front of the main entry to
the residence. In this case, at least one-third of the garage width should be located behind the
facade of the residence.
• Side-entry garages designed and oriented to require driveway access crossing in front of the
main entry to the residence should be limited to lots exceeding 20,000 square feet in area,
and should be set back a minimum 40 feet from the street lot line.
• Side-entry garages should feature gable ends, roof lines, window and door fenestration, and
other architectural elements which match or complement those same design elements on the
residence.
In order to allow their new home product to continue to be designed with a garage that is not
recessed behind the front elevation, Pulte is proposing to reconfigure these garages to side-entry
garages thereby meeting the requirements of the comprehensive plan. A typical side entry garage
proposed for the development will provide paved area in front of the garage doors ranging from
approximately 20.27 feet to 21.42 feet in depth. It should be noted that the vehicle use area for these
3
Recommendations and Findings of Fact Planning& Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
side entry garages are allowed by the city's zoning ordinance to be constructed within three feet of
an interior lot line. The driveways as proposed will therefore conform to the requirements of the
city's zoning ordinance.
The side of the house that is proposed to encroach into the setback will not be the elevation
containing the garage doors; rather will be the opposite side-elevation of the house. The street
elevation of the side-entry garage is proposed to be designed with windows and a gable roof to look
like the house. The developer is also proposing to install additional screening in the form of a fence,
landscape material, or a combination thereof along the side and end of the driveway to keep
headlights from shining onto neighboring properties, as well as provide additional screening from
cars parked in front of a side-entry garage.
Within Shadow Hill Subdivision, the Planning & Zoning Commission finds that the proposed home
product with side-entry garages are appropriate only for the vacant lots which are not immediately
adjacent to or back up to a built lot. Specifically, these are Lots 96-132 located west and south of
Range Road. The Commission additionally finds that on lots which are immediately adjacent to or
back up to a built lot, a home with a side-entry garage is not appropriate to be constructed and
recommends that a home with a front-entry garage be constructed on these lots. Specifically, these
are Lots 55-56, 58, 60, 67-70, 80-82, 87-93 and 95.
Within Copper Springs Subdivision, Planning & Zoning Commission finds that the proposed home
product with a side-entry garage is appropriate only for the vacant lot 133 located at the corner of
Atwell and Moonlight Drive, that backs up to Gansett Parkway. The Commission additionally finds
that a home with a side-entry garage is not appropriate to be constructed on Lot 24 located at the
corner of Weymouth Avenue and Silverspring Drive.
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 Ordinance and Subdivision Ordinance. Shadow
Hill and Copper Springs were approved in 2004 with a number of departures from the standard
requirements of the zoning and subdivision regulations.
The applicant is requesting the following additional departures from the requirements of the
ordinances governing the development of these subdivisions.
Shadow Hill Subdivision
The following departures are requested from the provisions contained within Ordinance G11-07
entitled "An Ordinance Amending Ordinance G74-04 Classifying Newly Annexed Territory in the
PSFR2 Planned Single Family Residence District (Shadow Hill Unit 4 Subdivision - 3625 and 3650
Water Road), and pertain only to the 37 vacant lots (Lots 96-132) located west and south of Range
Road referred to as the "infill lots which are not immediately adjacent to or back up to a built lot"
within Shadow Hill Subdivision Unit 4:"
4
Recommendations and Findings of Fact Planning& Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
• Site Design Section 5.a. Local Street Setback. Where a zoning lot has frontage on a local
street, the zoning ordinance requires a minimum building setback from a street lot line of
twenty-five (25) linear feet. The developer is requesting a departure to reduce the street
yard setback to twenty-three (23) feet thereby allowing the building a maximum
encroachment of 2 feet into the street yard setback. Note that this departure will only be
applied to corner lots where the side elevation of a building faces the street.
• Site Design Section 5.b. Side Setback. The zoning ordinance requires a minimum building
setback from a side lot line of ten (10) linear feet. The developer is requesting a departure to
reduce the side yard setback to eight (8) feet thereby allow the building a maximum
encroachment of 2 feet into the side yard building setback.
Copper Springs Subdivision
The following departure is requested from the provisions contained within Ordinance G12-07
entitled An Ordinance Amending Ordinance G37-04 Classifying Newly Annexed Territory in the
PSFR2 Planned Single Family Residence District (Copper Springs Subdivision — 3400 and 3401
Water Road), and pertains only to Lot 133 located at the corner of Atwell and Moonlight Drive, that
backs up to Gansett Parkway within Copper Springs Subdivision:"
• Site Design Section 5.a. Local Street Setback. Where a zoning lot has frontage on a local
street, the zoning ordinance requires a minimum building setback from a street lot line of
thirty (30) linear feet. The developer is requesting a departure to reduce the street yard
setback to twenty-eight (28) feet thereby allowing the building a maximum encroachment of
2 feet into the street yard setback. Note that this departure will be applied only to the corner
lot where the side elevation of a building faces the street.
ALTERNATIVES
The Planning & Zoning Commission recommends the following alternative:
Construct a home product with a front-entry and forward-oriented garage (one that projects in front
of the primary street-facing elevation of the house), designed in a manner that satisfies the
recommendations contained within the guidance document prepared by Marc Mylott, Director,
Community Development Department in March 2011, and only pertaining to the following lots:
• The remaining 19 vacant lots within Shadow Hill Subdivision (Lots 55-56, 58, 60, 67-70,
80-82, 87-93 and 95) referred to as the "infill lots which are immediately adjacent to or back
up to a built lot"
• Lot 24 of Copper Springs Subdivision located at the corner of Weymouth Ave and
Silverspring Drive
Consideration of the revised home product constructed with a front-entry and forward-oriented
garage is tabled until the January 6, 2014 meeting of the Planning & Zoning Commission.
5
Recommendations and Findings of Fact Planning& Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
RECOMMENDATION
With respect to Petition 39-13 within Shadow Hill Subdivision, the Planning &Zoning Commission
recommends approval to grant the requested departures to allow Pulte to construct new homes with
side-entry garages on the 37 vacant lots (Lots 96-132) located west and south of Range Road
referred to as the "infill lots which are not immediately adjacent to or back up to a built lot," and
subject to the following conditions:
1. Substantial conformance with the Petitioner's Application, Statement of Purpose and
attachments dated November 6, 2013.
2. Substantial conformance to the Departure Exhibits A—D, prepared by Cemcon Ltd., and
dated received November 13, 2013.
3. Substantial conformance to the exhibits entitled "Pulte Plans and General Notes, 2 Car Side
Entry, Elevation 1" for the models entitled "Amberwood, Baldwin, Greenfield, Hilltop,
Westchester, Riverton and Victoria" prepared by Pulte Central Zone dated April 8, 2013,
and last revised August 9, 2013.
4. The departure shall be restricted to the 37 lots (Lots 96-132) located west and south of
Range Road referred to as the "infill lots which are not immediately adjacent to or back up
to a built lot"within Shadow Hill Subdivision Unit 4.
5. Compliance with all applicable codes and ordinances.
With respect to Petition 40-13 within Copper Springs Subdivision, the Planning & Zoning
Commission recommends approval to grant the requested departures to allow Pulte to construct a
new home (model) with side-entry garage on Lot 133 located at the corner of Atwell and Moonlight
Drive, that backs up to Gansett Parkway and subject to the following conditions:
1. Substantial conformance with the Petitioner's Application, Statement of Purpose and
attachments dated November 6, 2013.
2. Substantial conformance to the Departure Exhibits A and B, prepared by Cemcon Ltd.,
dated received November 13, 2013.
3. Substantial conformance to the exhibits entitled "Pulte Plans and General Notes, 2 Car Side
Entry, Elevation 1" for the models entitled "Amberwood, Baldwin, Greenfield, Hilltop,
Westchester, Riverton and Victoria" prepared by Pulte Central Zone dated April 8, 2013,
and last revised August 9, 2013.
4. The departure shall be restricted to Lot 133 of Copper Springs Subdivision located at the
corner of Atwell and Moonlight Drive, that backs up to Gansett Parkway.
6
Recommendations and Findings of Fact Planning& Zoning Commission
Petitions 39-13 and 40-13 December 2, 2013
5. Compliance with all applicable codes and ordinances.
On a motion to recommend approval, subject to the conditions outlined above for each subdivision,
the vote was six (6) yes and zero (0)no:
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
s/David Waden
David Waden, Secretary
Planning & Zoning Commission
7
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