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G40-83 Ordinance No. G40-83 AN ORDINANCE RECLASSIFYING PROPERTY AT 134 NORTH McLEAN BOULEVARD FROM R-2, SINGLE FAMILY RESIDENCE DISTRICT, AND R-3, TWO FAMILY RESIDENCE DISTRICT, TO R-4, GENERAL RESIDENCE DISTRICT, AND GRANTING A SPECIAL USE FOR A NURSING HOME WHEREAS, written application has been made to reclassify certain property located at 134 North McLean Boulevard from R-2, Single Family Residence District, and R-3, Two Family Residence District, to R-4, General Residence District, and for a special use for a nursing home; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a nursing home be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning r District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map' , as amended, be and are hereby altered by excluding from R-2, Single Family Residence District, and R-3, Two Family Residence District, and including in the R-4, General Residence District, the following described property: That part of the Northwest Quarter of Section 15, Town- ship 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the East line of the West Half of Section 15, aforesaid, 1184.5 feet North of the Northerly line of Larkin Avenue; thence North along said East line 231.05 feet; thence Westerly along a line making an angle of 83 degrees 25 minutes to the left, with said East line, 563.1 feet to a point in the East line extended South of Burney's Subdivision, Elgin; then South along said extended East line 313.4 feet to a line drawn West, parallel with the South line of said Northwest Quarter from the point of beginning; thence East along said parallel line 558.6 feet to the point of beginning, in the City of Elgin, Kane County,- Illinois. ALSO That part of the Northwest Quarter of Sec- tion 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the East line of the West half of Section 15 aforesaid, 1415.55 feet North of the Northerly line of Larkin Avenue; thence / ll Westerly along a line making an angle of 83 degrees 25 minutes ` t ,! to the left of said East line, 563.1 feet to a point in the East line extended South of Burney's Subdivision, Elgin; thence North along said extended East line, 25 feet to a point in the South line extended Westerly of property con- veyed by Mary M. Bowes, a widow, to the First National Bank of Elgin, as Trustee Under the Provisions of a Trust Agree- ment dated April 24, 1972, known as Trust No. 2236 by Deed in Trust recorded April 26, 1972 as Document 1224176; thence Easterly along said extended South line, 563.1 feet to the East line of said Northwest Quarter; thence South along said East line 25 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a nursing home, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: 1. Conformance to the building setbacks specified on the Mary Margaret Manor site plan prepared by the Planning Department, dated August 10, 1983. The setback areas are to be used exclusively for parking, driveways, screening and landscaping. The buildable area may be used for parking, driveways, screening, landscaping, building additions and accessory buildings. 2. Building additions are to be substantially similar in appearance to the existing building. Building additions are not to exceed the height of the roof line of the existing building. 3. Landscaping is to include the installation of a minimum five (5) foot screening hedge along the northerly, westerly and southerly property lines, excepting within the thirty (30) foot front setback area, the screening hedge is not to exceed three (3) feet in height. This landscaping is to be installed con- currently with the first building addition. 4. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Richard L. Verbic, ? yor Presented: September 26, 1983 Passed: Vote: Yeas Nays Recorded: Published: Attest: r Marie Yearman, City Clerk ep. September 6, 1983 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 26-83 Requesting a Rezoning from R-2 Single Family Residence District and R-3 Two Family Residence District to R-4 General Residence District Special Use for a Nursing Home, property located at 134 North McLean Boulevard by Mary Margaret Manor, Inc. II. CONSIDERATIONS A petition has been filed by Mr. Gerald Bowes on behalf of Mary Margaret Manor, Inc. , that requests a rezoning from R-2 and R-3 to R-4 special use for a nursing home. The subject property is located at 134 North McLean Boulevard . A nursing home was constructed on the subject property during the early 1950's. The property was annexed to the city and zoned R-3 Two Family Residence District special use for a nursing home in 1959. The residential section of the zoning ordinance was amended in 1976 to permit nursing homes as a special use only within the R-4 General Residence District. This amendment rendered the Mary Margaret Manor nursing home a lawful non- conforming use. The purpose of the zoning ordinance text amendment was to afford the city greater control over the location of nursing homes and to provide for nursing homes within a zoning classification that would reinforce consistency and compati- bility of land use. More specifically, apartments are a permitted use in the R-4 district, and within the range of housing types, nursing homes are most similar in character to apartments. It was not the intent of the zoning ordi- nance text amendment to render the Mary Margaret Manor nursing home nonconform- ing. As a nonconforming use Mary Margaret Manor is subject to the requirements of Chapter 19.46 of the Elgin Municipal Code which regulates such uses. In general the nursing home cannot expand as a nonconforming use. While the Mary Margaret Manor nursing home has no expansion plans at this time, this petition has been filed in order to eliminate the lawful nonconforming use status of the property. elk (Continued) Exhibit A eb. Findings of Fact Petition 26-83 September 6, 1983 Page Two III. FINDINGS AND RECOMMENDATION (Continued) After due notice, as required by law, the Land Use Committee held a public hear- ing on the proposed rezoning and special use on August 15, 1983. The petitioner appeared at the hearing and presented documentary evidence. Objectors appeared at the hearing and a written objection has been filed to the proposed rezon- ing and special use. The Land Use Committee has made the following findings with respect to the re- quested rezoning and special use: A. Site Characteristics: The subject property is approximately five (5) acres. The property is improved with a masonry structure. B. Zoning History: 1927 Out 1960 B-Res. 1962 R-3 1950 Out 1961 B-Res. Present R-3 C. Surrounding Land Use and Zoning: The area around the subject property is zoned R-2 and developed with single family residences. D. Trend of Development: The predominant trend in the area of the subject property has been for single family residential development. The most recent trend in the area has been the rezoning of the properties adjacent to North McLean Boulevard to the office district. E. The following is a summary of the relevant findings and policies of the Official Comprehensive Plan: The land use component of the comprehensive plan designates the subject property as a community facility and as part of a "transportation corridor". The trans- portation corridor designation represents major arterials in the city, as well as the adjacent land uses. The transportation corridor designation recognizes the impact that arterials (traffic carrying capacity/exposure to a larger market) have on adjacent land use. Development or redevelopment within a corridor may be generally more intensive in character, while the appropriateness of a specific land use at a specific location within a corridor will be dependent on a number of factors including design compatibility with adjacent and surrounding land uses, development potential (adaptability of existing improvements, lot width, lot area, natural factors) and the relationship to the adjacent arterial (location and number of access points). Findings of Fact Petition 26-83 September 6, 1983 Page Three FINDINGS AND RECOMMENDATION (Continued) Many of the transportation corridors in the existing city do not move traffic efficiently due to the fact that, through time, numerous access points have been provided to adjacent land uses. In some instances, land use problems have occurred along these streets because of piecemeal rezonings and due to superimposing business zoning requirements intended for new development on areas originally platted and developed as residential . Due to the special problemswhich exist along many of the city's arterial streets and in order to avoid future problems, transportation corridor plans must be developed in conjunction with comprehensive amendments to the zoning and sub- division regulations to ensure appropriate development within the corridors. F. Suitability of Present Zoning: It must be emphasized that the Mary Margaret Manor nursing home has existed at the present location since the early 1950's. Furthermore, it was not the intent of the 1976 zoning ordinance text amendment to render the nursing home nonconforming. As such, it is reasonable to simultaneously eliminate the nonconforming use status of the property and to provide for the logical expansion of the nursing home in the future. eft It must be further noted that if all or a portion of the nursing homespecialuse were abandoned, the subject property could be developed within the limita- tions of the R-4 General Residence District. However, the subject property's relationship to the throughfare system (access to Highland Avenue and McLean) and the requirements of the R-4 district would adequately protect the surround- ing single family residential area. In conclusion, the current R-2 and R-3 zoning classifications are unsuitable, and the subject property should be rezoned to R-4 General Residence District. G. Public Convenience: The nursing home is deemed necessary for the public con- venience at the proposed location in that the existing nursing home provides long term health care to the community and in that the property has adequate space for safe and efficient off-street parking. H. Public_ Health, Safety and Welfare: The nursing home will be so designed, located, and operated that the public health, safety, and welfare will be protected because of the requirements of the R-4 district, because of the specific conditions to be imposed on the special use, and in that these re- quirements and conditions promote the use of the subject property in a manner compatible with surrounding property. r Findings of Fact Petition 26-83 September 6, 1983 Page Four FINDINGS AND RECOMMENDATION (Continued) I. Value of Other Property: The nursing home will not cause substantial injury to the value of other property in the neighborhood in which it is located because of the specific requirements and conditions to be imposed on the special use, and in that these requirements and conditions promote the use of the subject property in a manner compatible with surrounding property. J. Additional Conditions: The committee is of the opinion that special use approval should be subject to the following conditions: 1 . Revisions to the legal description for the R-4 General Residence District zoning classification to coincide with the Mary Margaret Manor site plan prepared by the Planning Department, dated August 10, 1983; 2. Conformance to the building setbacks specified on the Mary Margaret Manor site plan prepared by the Planning Department, dated August 10, "'h 1983. The setback areas are to be used exclusively for parking, driveways, screening, and landscaping. The buildable area may be used for parking, driveways, screening, landscaping, building additions, and accessory buildings; 3. Building additions are to be substantially similar in appearance to the existing building. Building additions are not to exceed the height of the roof line of the existing building. 4. Landscaping is to include the installation of a minimum five (5) foot screening hedge along the northerly, westerly and southerly property lines, excepting within the thirty (30) foot front setback area, the screening hedge is not to exceed three (3) feet in height. This landscaping is to be installed concurrently with the first building addition; and 5. Compliance with all other applicable codes and ordinances. Accordingly, on a motion to recommend approval of Petition 26-83 subject to the additional special use conditions, the vote was three (3) yes and one (1) no. (Continued) r Findings of Fact Petition 26-83 September 6, 1983 Page Five FINDINGS AND RECOhMENDATION (Continued) Therefore, the Land Use Committee recommends approval of Petition 26-83. tb_isk), Roy A. 1 , Chairman Land Use omnittee Planning and Land Use Commission J d T. eertng, ecretary L n Use Committee P1 nning and Land Use Commission r MARY MARGARET MANOR I34 NORTH McLEAN BOULEVARD 565' f- T:FS. b ack Area - ' — - _ 35 Ft.§e .Ar b k t ja of ' a' & Fo to Ul I Q 10 fil il > col Buildable Area 1� l4il 141 N Z d Existing Building IN 1 I Ili I 14 1 '2 I L i 40 Ft. Sei6ack AFea- - - - - - - I - - -+ -N- 20 Ft. Setback Area • Arm.559' r PLANNING DEPARTMENT IIScale 1"= 60' AUGUST 10. 1983