G10-04 Ordinance No. G10-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF TWO SINGLE FAMILY RESIDENCES IN THE
RB RESIDENCE BUSINESS DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(240-248 South McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a planned
development which will permit the construction of two single family residences in the RB
Residence Business District and the ARC Arterial Road Corridor Overlay District at 240-248
South McLean Boulevard; and
WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
elibk
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated January 7, 2004, made by the Zoning and Subdivision Hearing Board, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a planned development which will allow for the
construction of two single family residences within the RB Residence Business District and the
ARC Arterial Road Corridor Overlay District at 240-248 South McLean Boulevard and legally
described as follows:
Lots 1 and 2 in Country Knoll Unit number 1, being a subdivision of
part of the southwest quarter of section 15 and part of the northwest quarter of
section 22, township 41 north, range 8, east of the third principal meridian,
according to the plat thereof recorded July 19, 1961 in the City of Elgin, Kane
County, Illinois (property commonly known as 240 and 248 South McLean
Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Habitat for Humanity, dated December 15, 2003.
2. Substantial conformance to the Site Plan, Foundation Basement Plan, and
First Floor Plan, prepared by Architectural Design Services, and dated
November 24, 2003.
3. Substantial conformance with the Garage Plan Exterior Elevations for Lot
2, prepared by Architectural Design Services, and dated November 24,
2003.
4. Substantial conformance with the Exterior Elevations for Lots 1 and 2,
prepared by Architectural Design Services, and dated November 24, 2003,
with the following revision which will be subject to the review and
approval of the Development Administrator: The first floor of the street
facing elevation shall be constructed of brick.
5. Substantial conformance with the Landscape Plan, submitted by Habitat for
Humanity, dated December 15, 2003.
6. All materials used to construct the home will be brand new, tested material
which is uniform in appearance.
7. No temporary occupancy permits will be granted for this property.
8. If work lapses for 90 days or longer, the applicant must obtain new building
permits and re-pay all required permit fees.
9. A dumpster must be located on site during construction, and the site must
be cleaned daily and be free of construction debris.
10. The existing garage on lot 1 should be resided to match the building
materials of the home, and shall not be occupied until it is inspected by the
city and receives all required permit approvals, nor prior to the issuance of
a certificate of occupancy for the dwelling.
11. The transition landscape yard located near the southern property line shall
be landscaped with either a solid wood fence or a total of 23 shrubs.
12. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within
one year from the date of passage of this ordinance.
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: February 11, 2004
Passed: February 11, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: February 12, 2004
Published:
Att st:
Dolonna Mecum, City Clerk
•
January 7,2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 62-03 Requesting a Conditional Use for a Planned Development to permit
the Construction of Two Single Family Residences in the RB Residence Business District and the
ARC Arterial Road Corridor District; Property Located at 240-248 South McLean Boulevard by
Habitat for Humanity, as Applicant and Thelma Broeker, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: ARC Arterial Road Corridor Overlay District
RB Residence Business District
rExisting Use: Vacant
Property Location: 240-248 South McLean Boulevard
Applicant: Habitat for Humanity
Owner: Thelma Broeker
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Site Photos (see attached)
F. Statement of Pu ose and Conformance
rP (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
.. Petition 62-03 January 7,2004
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Habitat for Humanity requesting a conditional use for a planned
development. The subject property is located at 240-248 South McLean Boulevard(see Exhibits A,
B, C, D, and E).
The applicant proposes to construct two new single family residences on the subject property. The
ranch style homes will each contain three bedrooms and two bathrooms.Each home will also feature
a detached 2-car garage (see Exhibits F, G, H, and I).
The zoning ordinance requires that this proposal obtain planned development approval due to the
site's location in the ARC Arterial Road Corridor Overlay District. Single family residences are a
permitted use in the RB Residence Business District.
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 62-03 on January 7,2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors spoke at the
public hearing. Staff submitted a Conditional Use Review dated December 18, 2003.
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for a conditional use for a planned development:
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use for a planned development, with respect to its size, shape and any existing
improvements.
Findings: The subject property is suitable for the proposed planned development with
respect to the site characteristics standard.
The subject property is comprised of two lots of record. The northerly lot contains
eliwk approximately 9,342 square feet of land, and is unimproved. The southerly lot contains
approximately 11,252 square feet of land,and is improved with a parking garage.Elevations
2
Findings of Fact Zoning and Subdivision Hearing Board
f Petition 62-03 January 7, 2004
on site range from a high point of 828 feet at the southern portion of the property,to a low
point of 825 feet near the northern portion of the property, for a maximum relief of 3 feet.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to the availability of adequate water,
sanitary treatment and stormwater 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 with municipal water and sanitary sewer service.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
conditional use for a planned development 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 proposed planned development with
respect to the traffic and parking standard.
The subject property is located on South McLean Boulevard. South McLean Boulevard is an
arterial street, serving the west side of Elgin.
Off street parking will be provided in conformance with the zoning ordinance.
D. Zoning History Standard.The suitability of the subject property for the proposed planned
development 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 conditional use for a planned
development 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:
Northerly Lot (Lot 2)
1927: Out of City
1950: Out of City
1962: R3 Two-Family Residence District
1992: R3 Two-Family Residence District
Present: RB Residence Business District
ARC Arterial Road Corridor Overlay District
3
Findings of Fact Zoning and Subdivision Hearing ii."" Petition 62-03 January 7,2004
Southerly Lot(Lot 1)
1927: Out of City
1950. Out of City
1962: R4 General Residence District
1992: R4 General Residence District
Present: RB Residence Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned R3 Two Family Residence District and R4
General Residence District in 1961.As a part of the comprehensive amendment to the zoning
ordinance in 1992,the subject property was rezoned to RC 1 Residence Conservation District,
and MFR Multiple Family Residence District. In 1998, the property was re-zoned RB
Residence Business District, at the request of the property owner. 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.
E. Surrounding Land Use and Zoning Standard.The suitability of the subject property for
the intended conditional use for a planned development with respect to consistency and
compatibility with surrounding land use and zoning.
Findings: The subject property is suitable for the proposed planned development with
respect to the surrounding land use and zoning standard.
The area to the north and east of the subject property is developed with single family
dwellings, and is zoned RC1 and RC2 Residence Conservation District.
The area to the west of the subject property is zoned MFR Multiple Family Residence
District and is developed with apartments.
An AB Area Business District is located to the south of the subject property.
F. Trend of Development Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to its consistency with,an existing
pattern of development or an identifiable trend of development in the area.
Findings: The subject property is suitable for the proposed planned development with
respect to the trend of development standard.
The site is at the edge of a mature single-family residential neighborhood which adjoins a
commercial area centered at South McLean Boulevard and Route 20.
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-03 January 7,2004
G. Zoning District Standard. The suitability of the subject property for the intended
conditional use for a planned development 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 RB 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 residential environment. .
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the provisions for the purpose and intent, and
the location and size of a zoning district.
The proposed single family residences will be comparable in scale to the surrounding single
family residences, and the residential environment will be conserved.
H. Conditional Use for a Planned Development Standard. The suitability of the subject
property for the intended conditional use for a planned development with respect to
conformance to the provisions for the purpose and intent of planned developments.
No conditional use for a planned development should be granted for the sole purpose of
introducing a land use not otherwise permitted on the subject property. The purpose and
intent of the provisions for planned developments is to accommodate unique development
situations. For planned developments as a conditional use,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.
2. The public benefit realized by the establishment of the planned development is
greater than if the property were to remain subject to the standard requirements of the
zoning district in which it is located.
3. Extraordinary conditions or limitations governing site design, function, operation,
and traffic are imposed on the planned development.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives,policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-03 January 7,2004
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the purpose and intent of a conditional use for a
planned development.
The proposed buildings will include primarily vinyl exterior materials, with a brick
foundation wall along the street facing facade of each building. The proposal is in
conformance with the purpose and intent of the planned development provisions and the
Arterial Road Corridor Guidelines by minimally adding brick to the front façade of the first
floor of each building.
I. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to conformance to the goals,
objectives, and policies of the official comprehensive plan.
Findings:The subject property is suitable for the proposed planned development with regard
to the comprehensive plan standard.
The subject property is designated as "Transportation Corridor" by the Official
Comprehensive Plan of Elgin (1983).
J. Natural Preservation Standard. The suitability of the subject property for the intended
conditional use for a 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 proposed planned development with regard
to the natural preservation standard.
A stand of 5 mature pine trees is located near the eastern portion of the property,which the
developer will attempt to preserve.
K. Internal Land Use Standard. The suitability of the subject property for the intended
conditional use for a 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 proposed planned development with regard
to the internal land use standard.
No evidence has been submitted or found that the proposed planned development will be
located,designed,or operated in a manner that will exercise undue detrimental influence on
itself or surrounding property.
6
Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-03 January 7, 2004
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. The proposed building will be similar in appearance to the
residential buildings located in the general vicinity.
2. Conditional Use for a Planned Development. The proposed buildings will include
primarily vinyl exterior materials,with a brick foundation wall along the street facing
façade of each building.The proposal is in conformance with the purpose and intent
of the planned development provisions and the Arterial Road Corridor Guidelines.
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.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 62-03. On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was six (6)yes and one(1)no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared
by Habitat for Humanity, dated December 15, 2003.
2. Substantial conformance to the Site Plan,Foundation Basement Plan,and First Floor
Plan,prepared by Architectural Design Services, and dated November 24, 2003.
3. Substantial conformance with the Garage Plan Exterior Elevations for Lot 2,
prepared by Architectural Design Services, and dated November 24, 2003.
4. Substantial conformance with the Exterior Elevations for Lots 1 and 2,prepared by
Architectural Design Services, and dated November 24, 2003.
7
Findings of Fact Zoning and Subdivision Hearing Board
rs. Petition 62-03 January 7,2004
5. Substantial conformance with the Landscape Plan, submitted by Habitat for
Humanity, dated December 15, 2003.
6. All materials used to construct the home will be brand new,tested material which is
uniform in appearance.
7. No temporary occupancy permits will be granted for this property.
8. If work lapses for 90 days or longer,the applicant must obtain new building permits
and re-pay all required permit fees.
9. A dumpster must be located on site during construction,and the site must be cleaned
daily and be free of construction debris.
10. The existing garage on lot 1 should be resided to match the building materials of the
home.
11. The transition landscape yard located near the southern property line shall be
landscaped with either a solid wood fence or a total of 23 shrubs.
12. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 62-03 was adopted.
Respectfully Submitted,
.4-16-1/ F6v)
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
Todd Wyatt, Secretary
Zoning and Subdivision Hearing Board
8