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G39-96 Ordinance No. G39-96 AN ORDINANCE RECLASSIFYING TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT PROPERTY LOCATED AT 630 CONGDON AVENUE (SHOE FACTORY PLANNED DEVELOPMENT) WHEREAS, written application has been made to reclassify certain property located at 630 Congdon Avenue from AB Area Business District to PMFR Planned Multiple Family Residence District for a planned residence district; and WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Planning and Development Commission and concurs in such recommendations . 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 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 . 07 , Section 19 . 07 . 600 entitled "Zoning 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 hereinafter laid out in the ' Zoning District Map ' , as amended, be and are hereby altered by excluding from the AB Area Business District and including in the PMFR Planned Multiple Family Residence District, the following described property: BLOCK 5 IN LUDLOW ADDITION TO ELGIN, EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 5; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 5 FOR A DISTANCE OF 10 . 91 FEET; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 108 DEGREES 18 MINUTES 57 SECONDS TO THE RIGHT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 224 . 61 FEET; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 8 DEGREES 19 MINUTES 43 SECONDS TO THE LEFT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 30 . 57 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 43 DEGREES 59 MINUTES 42 SECONDS TO THE LEFT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 23 . 84 FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 46 DEGREES 57 MINUTES 29 SECONDS (53 DEGREES 39 MINUTES 35 SECONDS MEASURED) TO THE LEFT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 20 .25 FEET ( 14 . 96 FEET MEASURED) TO A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 5 WHICH IS 69 .44 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID BLOCK 5; THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE OF BLOCK 5 FOR A DISTANCE OF 69 . 44 FEET TO THE SAID SOUTHWEST CORNER OF BLOCK 5; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 5 FOR A DISTANCE OF 284 . 85 FEET ( 284 . 27 FEET MEASURED) TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . " Section 3 . The Shoe Factory PMFR Planned Multiple Family Residence District shall be designed, developed, and operated subject to: A. PURPOSE AND INTENT The purpose and intent of the PMFR District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments of the Elgin Municipal Code. The PMFR District is most similar to, but departs from the standard requirements of the MFR zoning district. B. SUPPLEMENTARY REGULATIONS Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretative requirements provided in Chapter 19 . 90 Supplementary Regulations of the Elgin Municipal Code. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. Additionally, any word or phrase contained within this ordinance followed by the symbol " (PDSR) " shall be subject to the definitions and the additional interpretative requirements provided under Planned Development Supplementary Regulations within this ordinance. The PDSR shall govern over any other conflicting supplementary regulation within this ordinance. C. GENERAL PROVISIONS In the PMFR 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. rik D. ZONING DISTRICTS In the PMFR 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. E. LOCATION AND SIZE OF DISTRICT The location of the PMFR District is in conformance with the official comprehensive plan. The PMFR District contains more than two (2 ) acres of land pursuant to the provisions of Chapter 19 . 25 . 925 Location and Size of District of the Elgin Municipal Code. F . LAND USE In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10 Land Use of the Elgin Municipal Code. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in the PMFR District. Residences Division 1 ) "Multiple Family Dwellings" (SR) (UNCL) . 2 ) "Residential Garage Sales" (SR) (UNCL) . 3 ) "Residential Storage" (SR) (UNCL) . 4 ) "Home Businesses" (PDSR) Finance, Insurance, and Real Estate Division 5) "Development Sales Office" (SR) (UNCL) . Construction Division 6 ) "Contractors Office and Equipment Areas" (SR) (UNCL) . Transportation, Communication, and Utilities Division 7 ) "Radio and Television Antennas" (SR) (UNCL) . 8) "Satellite Dish Antennas" (SR) (UNCL) . 9 ) "Treatment, Transmission, and Distribution Facilities : Poles, Wires , Cables, Conduits, Laterals, Vaults, Pipes, Mains, and Values" (SR) (UNCL) . Miscellaneous Uses Division The following shall be in substantial conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 : 10 ) "Parking Lots" (SR) (UNCL) , exclusively "accessory" (SR) 11) "Refuse Collection Area" (SR) 12) "Signs" (SR) (UNCL) 13) "Accessory Structures" (SR) , exclusively residential garages G. SITE DESIGN In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code. In the PMFR District, the lot area, lot width, building street setbacks , vehicle use area street setbacks, residential floor area, building coverage, accessory building coverage, and vehicle use area shall be in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21 , 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. H. OFF STREET PARKING In the PMFR District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code. In the PMFR District, the location and design of the off street parking lots shall be in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21 , 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. I . OFF STREET LOADING In the PMFR District, off street loading shall be subject to the provisions of Chapter 19 . 47 , Off Street Loading, of the Elgin Municipal Code. In the PMFR District, off street , loading facilities shall be located in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21 , 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. J. SIGNS In the PMFR District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Code. In the PMFR District, the signs shall be located and designed in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. K. AMENDMENTS TO THE PLANNED DEVELOPMENT In the PMFR District, amendments to the text and map of the PMFR District, shall be subject to the provisions of Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code. L. 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. M. PLANNED DEVELOPMENT SUPPLEMENTARY REGULATIONS In the PMFR District, the Planned Development Supplementary Regulations shall be as follows : "Home Businesses" shall mean a "business" (SR) which is "accessory" (SR) to a "dwelling Unit" (SR) . Home businesses shall be subject to the following supplementary regulations : a. Operation - Generally. The operation of a home business shall be limited to the persons residing in the dwelling unit plus one to three additional employee(s) or subcontractor(s) , working on the premises, who is not a resident, as may be approved by the Homeowner 's Association. The operation of home businesses shall be limited to a cap of up to a maximum of fourteen ( 14 ) businesses, as may be approved by the Homeowner' s Association. b. Use of Land and Structures . Home businesses shall be conducted entirely within a dwelling unit. Home businesses may utilize specialized processes and equipment in the performance of the home business, which require building, HVAC, plumbing, or electrical installations which are not customarily found within a dwelling unit, as may be approved by the Homeowner' s Association. However, no home business shall utilize any process or equipment with any potential for creating a life/safety hazard, as may be determined by the Code Official . The floor area of the home business within the principal building shall be limited up to a maximum of thirty ( 30) percent of the "residential floor area" (SR) , as may be approved by the Homeowner's Association. Home businesses which exceed ten ( 10) percent of the "fire area" shall be subject to the provisions for "accessory areas" of Title 16, • Buildings and Construction, as may be amended. No home business shall be located within an "accessory building" (SR) . No merchandise shall be stored on the premises, except such that can be produced on the premises . Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies , equipment, or materials shall be displayed or stored outdoors . c. Prohibited Alterations . No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" (SR) with a home business shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those in substantial conformance with the revised Shoe Factory Development Plan prepared by CAPA, dated May 21, 1996 shall be allowed on a zoning lot with a home business . d. Traffic and Parking. No merchandise, goods, supplies, or materials associated with a home business shall be received or delivered at the dwelling unit unless conducted entirely by U. S . Postal Service, similar parcel delivery service, or private passenger motor vehicle. No dwelling unit with a home business shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit, as may be approved by the Homeowner' s Association. No more than three to six persons shall be allowed to visit the premises of a dwelling unit with a home business for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of 8 : 00 A.M. to 6 : 00 P.M. , and Sunday from the hours of 12 : 00 P.M. to 5 : 00 P.M. , as may be approved by the Homeowner' s Association. e. Public Nuisance. No home business shall be operated in such a manner as to cause a public nuisance including, but not limited to interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems . f . Prohibited Home Businesses . No home business shall involve the detailing, servicing, or repairing of motor vehicles . No home business shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. No home business shall involve the personal or medical care or treatment of persons . No home business shall involve the handling or preparation of food. g. Administration and Enforcement. The homeowners association or their designees shall be responsible for the administration and enforcement of the regulations governing home businesses at the Shoe Factory Planned Development. Section 4 . That the PMFR District shall be subject to the following conditions : 1 . Conveyance of a Plat of Dedication to the City of Elgin for property along the north side of Congdon Avenue for future roadway and intersection improvements, prior to building permit issuance, said property to be conveyed being legally described as follows : l"` That part of Block 5 in Ludlow Addition to Elgin described as follows : Beginning at the Southeast corner of said Block 5; thence West along the South line of said Block 5, a distance of 428 . 36 feet, to a bend point in said South line; thence West along a line, said line being the North right of way of Congdon Avenue, that forms an angle of 2 degrees 19 minutes 57 seconds to the right of last described course extended a distance of 14 . 96 feet; thence northwesterly along a line, said line being the easterly right of way of Illinois Route 25 (Dundee Avenue) , that forms an angle of 53 degrees 39 minutes 35 seconds to the right of the last described course extended, a distance of 23 . 84 feet; thence northerly along a line, said line being the easterly right of way of Illinois Route 25 (Dundee Avenue) , that forms an angle of 43 degrees 59 minutes 42 seconds to the right of the last described course extended, a distance of 21 . 60 feet; thence southeasterly along a line, said line being 15 . 00 feet distant and parallel to the easterly right of way line of Illinois Route 25 (Dundee Avenue) , that forms an angle of 136 degrees 00 minutes 18 seconds to the right of the last described course extended, a distance of 38 . 00 feet; eft thence easterly along a line, said line being 10 . 00 feet distant and parallel to the northerly right of way line of Congdon Avenue, that forms an angle of 53 degrees 39 minutes 35 seconds to the left of the last described course extended, a distance of 3 . 52 feet; thence easterly along a line, said line being 10 feet distant and parallel to the North right of way line of Congdon Avenue, that forms an angle of 2 degrees 19 minutes 57 seconds to the left of the last described course extended, a distance of 428 . 14 feet, to the East line of said Block 5; thence South along the East line of said Block 5 a distance of 10 . 00 feet to the place of beginning, in the City of Elgin, Kane County, Illinois . 2 . Payment of Development Impact Fees at the time of building permit issuance; 3 . Compliance with all other applicable codes and ordinances . " Section 5 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. ;27)e4; e Kevin K Kelly, Mayor eft Presented: August 14 , 1996 Passed: August 14, 1996 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 15, 1996 Published: Attest: f�ll.d/�.4.■..4 AL. Do onna Mecum, City Clerk flow