G46-04 Ordinance No. G46-04
AN ORDINANCE
RECLASSIFYING TERRITORY FROM CF COMMUNITY FACILITY DISTRICT TO
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(2250 Highland Avenue—Madison Homes)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PMFR
Planned Multiple Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application 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 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 March 15, 2004, 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 herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PMFR Planned Multiple
Family Residence District, the following described property:
Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of
Section 9, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows:
Beginning at the Northwest corner of said Lot 1;thence South 61 degrees 08
minutes 50 seconds East along the North line of said lot, a distance of 386.93 feet
measured(386.69 feet record), to a jog in said North line; thence South 89 degrees
59 minutes 09 seconds East along said North line 375.44 feet measured,(375.50 feet
record), to the Northeast corner of said lot; thence South 0 degrees 00 minutes 15
seconds West along the East line of said lot, 830.0 feet to the Southeast corner
thereof; thence North 89 degrees 58 minutes 54 seconds West along the South line
of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly line of
Highland Avenue (being a jog in said South line); thence North 65 degrees 23
. z
minutes 01 seconds West along the Northeasterly line of Highland Avenue and the
Southwesterly line of said lot, a distance of 208.59 feet;thence North 38 degrees 10
minutes 06 seconds East 382.54 feet; thence North 14 degrees 31 minutes 33
seconds West 239.37 feet; thence North 61 degrees 08 minutes 49 seconds West
546.69 feet to the Southeasterly line of Trinity Terrace(also the Northwesterly line
of said Lot 198);thence Northeasterly along said lot line being on a curve to the left
having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of the last
described curve bearing North 41 degrees 46 minutes 22 seconds East 131.18 feet);
thence North 36 degrees 44 minutes 18 seconds East along said lot line,44.56 feet
to the point of beginning, containing 8.9587 acres in Kane county, Illinois."
Section 3. That the City Council of the City of Elgin hereby classifies the subject property in
the PMFR Planned Multiple Family District in accordance with the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned environment for a townhome community,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 PMFR 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 PMFR 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. Land Use. In this PMFR zoning 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, 1976, as amended. The following enumerated "land uses" [SR]
shall be the only land uses allowed as a "permitted use" [SR] or as a"conditional
use" [SR] in this PMFR zoning district:
Permitted uses. The following enumerated land uses shall be the only land uses
allowed as permitted uses in this PMFR zoning district:
Residence Division.
1. "Multiple family dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
—2—
5. "Residential parking areas" [SR] (UNCL).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
8. "Development sales office" [SR] (UNCL).
Services Division.
9. "Family residential care facility" [SR] (8361).
10. "Home child day care services" [SR] (8351).
Construction Division.
11. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SR] (UNCL).
13. "Radio and television antennas" [SR] (UNCL).
14. "Satellite dish antennas" [SR] (UNCL).
15. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
16. "Fences and walls" [SR] (UNCL).
17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
18. "Temporary uses" [SR] (UNCL).
19. "Accessory uses"[SR] (UNCL),to the permitted uses allowed in this PMFR
zoning district, subject to the provisions of Section 19.10.100, Component
Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as conditional uses in this PMFR zoning district.
Services Division.
1. "Residential care facility" [SR] (8361).
Miscellaneous Uses Division.
2. "Accessory uses" [SR] (UNCL), to the conditional uses allowed in this
PMFR zoning district, subject to the provisions of Section 19.10.100,
Component Land Uses.
F. Site Design. In this PMFR zoning district, except as otherwise provided for herein,
the use and development of land and structures shall subject to the provisions of
Section 19.12,Site Design,of the Elgin Municipal Code,as amended. In this PMFR
zoning district, the use and development of land and structures shall be subject to
Section I., Supplementary Conditions, of this ordinance, and shall be in substantial
conformance with the following documents:
—3—
1. Substantial conformance to the Madison Homes Subdivision Preliminary Site
Plan and Landscape Plan prepared by JAS Associates, Inc., dated
February 20, 2004.
2. Substantial conformance to the Madison Homes Floor Plans and Exterior
Building Elevations, dated December 11, 2003.
3. Satisfactory resolution of all Engineering Division and Water Department
concerns.
4. A Declaration of Restrictions and Covenants shall be recorded for the subject
property and shall indicate that the homeowners association is responsible for
maintenance of all private driveways and common areas, subject to the
review and approval of the Community Development Group.
5. The applicant is to contribute$22,500 to the City for the construction of a left
turn lane at the intersection of Highland Avenue and the private road into the
development prior to the issuance of any building permits.
6. Conformance to all other applicable codes and ordinances.
Construction permits are subject to the review and approval of final engineering
plans and specifications,and other construction related drawings required pursuant to
applicable codes and ordinances.
G. Off-street Parking. In this PMFR zoning district, the location and design of
driveways shall be in substantial conformance with Preliminary Site Plan for
Madison Homes, prepared by JAS Associates Inc., dated February 20, 2004.
H. Off-street Loading. In this PMFR zoning district,off-street loading shall be subject
to the provisions of Chapter 19.47, Off-street Loading,of the Elgin Municipal Code,
1976, as amended.
Signs. In this PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
J. Planned Developments. In this PMFR zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
K. Conditional Uses. In this PMFR zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. An application for conditional use may be filed
by an individual property owner without necessitating that all other property owners
in the development authorize such application.
—4—
L. Variations. In this PMFR zoning district,application for variation shall be subject to
the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as
amended. An application for variation may be filed by an individual property owner
without necessitating that all other property owners in the development authorize
such application.
M. 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 full force and effect immediately after its passage in
the manner provided by law.
Ed Schock, Mayor
Presented: April 28, 2004
Passed: April 28, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 29, 2004
Published:
Attest: h,,
P'0 (-GL>Dolonna Mecum, City Clerk
r
—5—
•
March 15, 2004
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 16-04 Requesting a Map Amendment from CF Community Facility District to
PCF Planned Community Facility District and PMFR Planned Multiple Family Residence District,and
Preliminary Plat Approval; Property Located at 2250 Highland Avenue, by Charles P. Miller, as
Applicant, and Highland Fellowship Church, as Owner.
GENERAL INFORMATION
Requested Action: Map Amendment
Preliminary Plat Approval
Current Zoning: CF Community Facility District
Proposed Zoning: PCF Planned Community Facility District
PMFR Planned Multiple Family Residential District
Intended Uses: Church
Single Family Residences, Townhomes
Property Location: 2250 Highland Avenue
Applicant/Owner: ' Highland Fellowship Church
Charles P. Miller
Staff Coordinator: John Rothenberger, Building Official
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 Purpose and Conformance (see attached)
Exhibit A
t
Findings of Fact Planning and Development Commission
Petition 16-04 March 15, 2004
G. Preliminary Development Plan (see attached)
H. Draft PCF and PMFR Zoning Ordinances (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Charles P.Miller,requesting a Map Amendment from CF Community
Facility District to PCF Planned Community Facility District and PMFR Planned Multiple Family
Residence District,and Preliminary Plat Approval to permit the construction of a residential subdivision
containing nine single family detached homes and seven townhome buildings containing 35 units.The
subject property is located at 2250 Highland Avenue(reference Exhibits A, B, C,D, and E).
The entire property contains approximately 20 acres of land with frontage on Highland Avenue on the
south and Trinity Terrace on the west.The applicant is proposing to subdivide approximately 8.96 acres
from the church property and develop a subdivision consisting of 9 detached single family residences
and 35 townhome units with a private street running from Highland Avenue to Trinity Terrace. The
single family detached homes will not have traditional, individual lots,but will share a common area
owned and maintained by the homeowners association.The remainder of the property, approximately
11.04 acres, will continue to be owned and used by the church.
The developer is proposing one single family detached home model,a 2,065 square foot ranch,and five
townhome models ranging from 1,385 to 2,378 square feet. Each home will contain two bedrooms with
either a den or third bedroom option.
The developer is requesting departures from the site design requirements of the CF Community Facility
and MFR Multiple Family Residence Districts.
GENERAL FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 16-04 on March 15,2004. The applicant testified at the public hearing and
presented documentary evidence in support of the application. Objectors spoke at the public hearing.
The Community Development Group submitted an Annexation and Zoning Review, dated March
15,2004.
The Planning and Development Commission has made the following general findings:
A. Site Characteristics Standard. The suitability of the subject property for the proposed 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
2
Findings of Fact Planning and Development Commission
Petition 16-04 March 15, 2004
the site characteristics standard.
The subject property will consist of a regularly shaped parcel,containing 480,902 square feet of
land, and an "L" shaped parcel, for the residences, containing approximately 320,298 square
feet. The property has street frontage on two streets,Highland Avenue on the south and Trinity
Terrace on the west. The entire property is currently improved with a church, school,
multipurpose facility,parking lot,accessory building,and playground. Topography on the site
ranges from a high point of 821 feet at the southwest corner of the property, and a low of 813
feet at two points at the southeastern portion of the site, for a maximum relief of 8 feet. The
areas at the northern portion of the site range from 818 feet,northwest,to 815 feet. There is a
stand of mature trees located at the southeast portion of the property.
B. Sewer and Water Standard.The suitability of the subject property for the proposed 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 by municipal water and sanitary sewer facilities. Storm
water will be controlled in compliance with all local, state and federal requirements.
C. Traffic and Parking Standard.The suitability of the subject property for the proposed 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 at the intersection of Highland Avenue and Trinity Terrace.
Highland Avenue is an arterial street serving the central west side, while Trinity Terrace is a
local street serving a portion of Valley Creek.
Access to the property will be provided by a private street exiting on Highland Avenue and
Trinity Terrace. Parking for this residential subdivision will be provided in conformance with
the requirements of the off-street parking 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.
rusk Findings:The subject property is suitable for the proposed planned development with respect to
the zoning history standard.
3
Findings of Fact Planning and Development Commission
Petition 16-04 March 15, 2004
The subject property has been zoned as follows for the years listed:
1927 Out
1950 Out
1960 Out
1962 R4 General Residence District
1992 CF Community Facility District
Present CF Community Facility District
E. Surrounding Land Use and Zoning Standard.The suitability of the subject property for the
proposed 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 property to the north is unincorporated and is developed with single family homes and a
church.
The subject property is.adjacent to an MFR Multiple Family Residence District developed with
apartment buildings to the west, RC1 Residence Conservation District developed with single
family detached homes to the north and east,and unincorporated county farmland to the south.
F. Trend of Development Standard. The suitability of the subject property for the proposed
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 subject property is located in an area bounded by single family homes to the north and east,
multiple family homes to the west, and vacant county property to the south. Additionally,the
property to the south has a similar residential project proposal currently under review by the City
of Elgin.
G. Zoning Districts Standard. The suitability of the subject property for the proposed 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 and intent of the PCF Planned Community Facility District is to provide a planned
environment for various types of community facilities, subject to the provisions of Chapter
19.60, Planned Developments. In general, community facilities provide governmental,
recreational,educational,health,social,religious,and transportation services to the community
on a for-profit or on a not-for-profit basis.
4
Findings of Fact Planning and Development Commission
Petition 16-04 March 15, 2004
Planned residential districts should be located in substantial conformance to the official
comprehensive plan. The amount of land necessary to constitute a separate planned residential
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. No departure from the requested minimum size of a
planned residential district shall be granted by City Council.
In general,the purpose and intent of the provision for 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.
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities.
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 PCF
Planned Community Facility District and a PMFR Planned Community Facility District.
The proposed map amendment is in substantial conformance with the purpose and intent of the
planned development provisions.This proposal represents a creative approach to the use of this
property which results in a conversion of a portion of the property into a residential subdivision
while retaining a large part of the openness with the extensive common areas. The homes are
arranged in a manner w which minimizes the effect on the existing residential subdivisions to
the north and east.
H. Comprehensive Plan Standard. The suitability of the subject property for the proposed
planned development with respect to conformance to the goals,objectives, and policies of the
official comprehensive plan.
Findings: The subject property may be suitable for the proposed planned development with
respect to the comprehensive plan standard.
The subject property is designated as "Urban Residential/Village" by the City of Elgin
Comprehensive Plan,dated 1983. This designation is appropriate for the proposed residential
development.
5
Findings of Fact Planning and Development Commission
r Petition 16-04 March 15, 2004
I. Natural Preservation Standard. The suitability of the subject property for the proposed
planned development with respect to the preservation of all significant natural features including
topography,watercourses, wetlands, and vegetation.
Findings: The subject property may be suitable for the proposed planned development with
regard to the natural preservation standard.
There are no significant natural features,other than open space,associated with the development
of this property.This proposal represents an appropriate consideration of the preservation of the
natural features found on the site.
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 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, and operated in a manner that will exercise undue detrimental influence on
itself or surrounding property.
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. For the purposes of this section,the most similar
zoning districts are the CF Community Facility District and the MFR Multiple Family Residential
District. The applicant is requesting the following departures from the standard requirements of those
districts:
A. Section 19.12.300E, Principal Buildings Per Zoning Lot. In the MFR Multiple Family
Residential District, one principal building per zoning lot is allowed. The proposed planned
development contemplates a total of 16 principal buildings on the zoning lot.
B. Section 19.25.135E.1.e,Transition Setback.In the MFR Multiple Family Residential District,
the minimum required setback for a building from a transition lot line shall be 68 feet. The
applicant is proposing a 40 foot setback(a 41%departure)
C. 19.25.735E.1.b,Side Setback.In the MFR Multiple Family Residential District,the minimum
required building side yard setback is 10 feet,the applicant is proposing a six foot side setback
(a 40% departure).
6
Findings of Fact Planning and Development Commission
r Petition 16-04 March 15, 2004
D. Section 19.25.735.E(3), Setbacks from A Local Street. In the MFR Multiple Family
Residential District,the minimum required building setback from a local street shall be thirty
feet. The applicant is proposing a 24 foot building setback from a private street (a 20%
departure).
E. Section 19.30.135E.1.c, Transition Setbacks. In the CF Community Facility District, the
minimum setback for a transition setback is 65 feet. The applicant is proposing a six foot
transition setback(a 91%departure).
F. Section 19.30.13511.1,Transition Landscape Yards. In the CF Community Facility District,
landscape transition yards shall be one-half the required transition setback. The transition
landscape setback requirement for this property is 32.5 feet. The applicant is proposing a six
foot transition landscape yard (an 82%departure).
G. Section 18.24.020G,Required Street Width. The required minimum street width is 26 feet in
all residential zoning districts. The applicant is proposing a private street with a 24 foot width
(an 8% departure).
SUMMARY OF FINDINGS, 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. Positive Attributes. The developer has submitted a proposal to develop a portion of the
church property into an upscale residential subdivision.The proposed development will
expand the supply of desirable new market rate housing in the area. As a result of the
planned development process,the city is assured of an upscale residential neighborhood
in an urban setting
2. Zoning District Standard.The proposed map amendment is in substantial conformance
with the purpose and intent of the planned development provisions. This proposal
represents a creative approach to the use of this property which results in a better design
while preserving a large portion of the existing open space.The homes are arranged in a
manner which minimizes the effect on the existing adjacent subdivision.
B. Summary of Unresolved Issues.
There are no unresolved issues.
r
7
0
Findings of Fact Planning and Development Commission
Petition 16-04 March 15, 2004
rik
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 Planning and Development Commission recommends the approval of Petition 16-04. On a motion
to recommend approval, subject to the following conditions,the vote was five(5)yes and zero(0)no:
1. Substantial conformance to the Madison Homes Subdivision Preliminary Site Plan and
Landscape Plan prepared by JAS Associates,Inc., dated February 20, 2004.
2. Substantial conformance to the Plat of Survey, prepared by Alan Coulson, dated October 24,
2003.
3. Substantial conformance to the Madison Homes Floor Plans and Exterior Building Elevations,
dated December 11,2003.
eib. 4. Satisfactory resolution of all Engineering Division and Water Department concerns.
5. A Declaration of Restrictions and Covenants shall be provided and shall indicate that the
homeowners association is responsible for maintenance of all private driveways and common
areas,subject to the review and approval of the Community Development Group.
6. Conformance to all other applicable codes and ordinances.
Respectfully Submitted,
George Wo f,Chairm. -� di IF
Planning and Development Commission
J ne,
Rothenberger,Secretary
Planning and Development Commission
elk
8