G84-05 Ordinance No. G84-05
AN ORDINANCE
RECLASSIFYING PROPERTY FROM CF COMMUNITY FACILITY DISTRICT TO
PRC PLANNED RESIDENCE CONSERVATION DISTRICT
(611-619 Margaret Place)
WHEREAS,written application has been made to reclassify certain property located at 611-
619 Margaret Place from CF Community Facility District to PRC Planned Residence Conservation
District; and
WHEREAS, the Planning and Development Commission has conducted a public hearing
concerning said application and has submitted its written findings and recommendation that the
subject property be reclassified; and
WHEREAS, the City Council of the City has reviewed the findings and recommendation 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,
dated December 6, 2004, made by the Planning and Development Commission, a copy of which is
elluk attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District Map of the Elgin
Municipal Code, 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 including in the PRC Planned Residence Conservation
District the following described property:
Parcel One: Lots 9 and 10 in Block 1 in Edward C. Lovell
Addition to Elgin, in the City of Elgin, Kane County, Illinois.
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CF
Community Facility District to PRC Planned Residence Conservation District for the property
commonly known as 611-619 Margaret Place, and legally described above, which shall be
designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the residence conservation districts is to provide for
the conservation of the urban residential environment of the mature residential
neighborhoods of the city, which developed under significantly different regulations than
the current regulations for new residential development.
�.. In general, the purpose and intent of the provision for planned developments is to
accommodate unique development situations.
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, as
amended. The exclusion of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
C. General Provisions. In this PRC 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, as may be amended.
D. Zoning Districts - Generally. In this PRC Planned Residence Conservation District, the
use and development of land and structures shall be subject to the provisions of Chapter
19.07,Zoning Districts, as may be amended.
E. Land Use. In this PRC Planned Residence Conservation 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, as amended. The following enumerated "land uses" [SR] shall be
the only land uses allowed as a "permitted use" [SR], in this PRC Planned Residence
Conservation District:
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1. Residences Division:
"Residential garage sales" [SR] (UNCL).
"Residential occupations" [SR] (UNCL).
"Residential parking areas" [SR] (UNCL).
"Residential storage" [SR] (UNCL).
"Singe-Family detached dwellings" [SR] (UNCL).
2. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a"zoning lot" [SR] containing less
than two (2) acres of land.
3. Finance,Insurance, and Real Estate Division:
"Development sales office" [SR] (UNCL).
4. Services Division:
"Family residential care facility" [SR] (8361).
"Residential care facility" [SR].
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5. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
6. Transportation, Communication and Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing structures"
[SR] (UNCL).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
"Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
7. Miscellaneous Uses Division:
"Accessory uses" [SR] (UNCL)to the permitted uses allowed in this PRC Planned
Residence Conservation District, subject to the provisions of Section 19.10.400 of
the Elgin Municipal Code, as amended.
"Fences and walls" [SR] (UNCL).
elmk "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45 of the Elgin Municipal Code, as amended.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of the Elgin
Municipal Code, as amended.
"Temporary uses" [SR] (UNCL).
In this PRC Planned Residence Conservation 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 "conditional use" [SR] in this PRC Planned Residence
Conservation District:
1. Residences Division:
"Conditional residential occupations" [SR] (UNCL).
2. Municipal Services Division:
"Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2)
acres of land.
3. Transportation, Communication, and Utilities Division:
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"Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
"Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators" [SR] (UNCL).
4. Miscellaneous Uses Division:
"Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PRC Planned
Residence Conservation District, subject to the provisions of Section 19.10.400 of
the Elgin Municipal Code, as amended.
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 of the Elgin
Municipal Code, as amended.
"Parking structures" [SR] (UNCL), exclusively"accessory" [SR].
"Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2)
acres of land, subject to the provisions of Chapter 19.60 of the Elgin Municipal
Code, as amended.
F. Site Design. In this PRC Planned Residence Conservation District, the use and
development of land and structures shall be subject to the provisions of Section 19.12, Site
Design, of the Elgin Municipal Code, as amended. The development of land and structures
shall be in substantial conformance with the following:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Richard Heimberg, and dated November 22, 2004.
2. The building elevations and floor plans for the single family residence to be
constructed on the northern portion of the subject property will be subject to
review and approval of the Community Development Group prior to issuance of a
building permit, and shall be consistent and complementary with the architecture
of the surrounding residential neighborhood.
3. Compliance with all other applicable codes and ordinances.
G. Off Street Parking. In this PRC Planned Residence Conservation District, off street
parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin
Municipal Code, as maybe amended.
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,► H. Off Street Loading. In this PRC Planned Residence Conservation District, off street
loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be
amended from time to time.
I. Signs. In this PRC Planned Residence Conservation District, signs shall be subject to the
provisions of Chapter 19.50, Signs, as may be amended from time to time.
J. Planned Developments. In this PRC Planned Residence Conservation District,the use and
development of the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments, as may be amended. A conditional use for a planned development
may be requested by an individual lot or property owner for a zoning lot without requiring
an amendment to this PRC zoning district and without necessitating that all other property
owners authorize such an application.
K. Conditional Uses. In this PRC Planned Residence Conservation District, application for
conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as
may be amended. A conditional use may be requested by an individual property owner for a
zoning lot without requiring an amendment to this PRC zoning district and without
necessitating that all other property owners authorize such an application.
L. Variations. In this PRC Planned Residence Conservation District, application for variation
shall be subject to the provisions of Chapter 19.70, Variations, as may be amended. A
variation may be requested by an individual property owner for a zoning lot without
requiring an amendment to this PRC zoning district and without necessitating that all other
property owners authorize such an 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, as maybe amended from time to time.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
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Ed Schock, Mayor
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"j... Presented: September 28, 2005
Passed: September 28, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: September 29, 2005
Published:
Attest:
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Dolonna Mecum, City Clerk
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December 6, 2004
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 44-04 Requesting a Map Amendment from CF Community Facility
District to PNB Planned Neighborhood Business District and PRC Planned Residence Conservation
District, and a Conditional Use for a Drive Through Facility in the PNB Planned Neighborhood
Business District and the and ARC Arterial Road Corridor Overlay District, to Permit the
Construction of a New Commercial Building with a Drive Through Facility and a New Single
Family Residence; Property Located at 600-620 Villa Street and 611-619 Margaret Place; by
Brownstone Development LLC,as Applicant and Morris B. Squire and Forest Health Systems,Inc.,
as Owners.
BACKGROUND
Requested Action: Map Amendment
Current Zoning: CF Community Facility District
ARC Arterial Road Corridor District
Proposed Zoning: PNB Planned Neighborhood Business District
PRC Planned Residence Conservation District
ARC Arterial Road Corridor District
Intended Use: Commercial Building with a Drive Through Facility
Single Family Residence
Property Location: 600-620 Villa Street and 611-619 Margaret Place
Applicant: Brownstone Development LLC
Owner: Morris B. Squire and Forest Health Systems, Inc
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
• Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Draft Ordinances (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Brownstone Development requesting a Map Amendment from CF
Community Facility District to PNB Planned Neighborhood Business District and PRC Planned
Residence Conservation District, and a Conditional Use for a drive through facility in the PNB
Planned Neighborhood Business District and the and ARC Arterial Road Corridor Overlay District.
The property is located at 600—620 Villa Street and 611-619 Margaret Place(see Exhibits A,B,C,
D, E, and F).
The applicant is proposing to demolish the existing structures on the property and construct a 14,820
square foot commercial building to be used as a pharmacy with a drive through window on the
southern portion of the subject property.Additionally,the applicant is proposing to construct a single
family residence on the northern portion of the subject property(see Exhibits G, H and I).
A portion of the subject property lies within the Elgin National Watch Historic District, and is
subject to approval of the Heritage Commission.This proposal was reviewed by the Design Review
Subcommittee of the Heritage Commission on November 18, 2004. The Design Review
Subcommittee of the Heritage Commission recommended the denial of the application for a
Certificate of Appropriateness to demolish the existing structure(reference the attached letter dated
November 24, 2004). The applicant intends on appealing the decision of the Design Review
Subcommittee to the whole Heritage Commission on January 4, 2005.
FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
hearing in consideration of Petition 44-04 on December 6, 2004. The applicant testified at the
public hearing and presented documentary evidence in support of the application.Public testimony
was presented. The Community Development Group submitted a Map Amendment Review,dated
November 24, 2004:
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Findings of Fact ° Planning and Development Commission
Petition 44-04 December 6, 2004
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography, watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is a regularly shaped parcel containing approximately 1.69 acres of land.
The property is currently developed with the Lovelton Academy and Day School campus.
Topography on the site ranges from a high point of 782 feet near the north portion of the
property, to a low point of 778 feet near the southeast portion of the subject property, for a
maximum relief of 4 feet. There are several stands of mature trees located on the subject
property,which will be removed by the applicant during the redevelopment of this property.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate municipal water,wastewater treatment,
and storm water control facilities.
Findings. The subject property is suitable for the intended zoning district with respect to the
sewer and water standard.
The property will be served by municipal sanitary sewer, storm sewer, and water services.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district 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 may be suitable for the intended zoning district with respect
to the traffic and parking standard.
The subject property has frontage on four streets:Villa Street,Liberty Street,Margaret Place,
and Watres Place. Villa Street and Liberty Streets are arterial roads which serving the east
side of Elgin. Margaret Place and Watres Place are local streets serving the surrounding
neighborhood.
Access to the commercial portion of the subject property will be provided at four locations.
Full and limited access is proposed from Liberty Street.Full access points are proposed from
Villa Street and Watres Place. The single family residence will be accessed from Margaret
Place.
rik Off street parking will be provided in conformance with the Off Street Parking Ordinance.
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•
Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district 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 zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property has been zoned as follows for the years listed:
1927: "A"Residential District, and`B"Residential District
1950: "C"Residential District
1960: "C"Residential District
1962: R-4 General Residence District
1992: R-4 General Residence District
Present: CF Community Facility District
ARC Arterial Road Corridor District
The subject property most recently used as a residential care facility,which is a considered a
conditional use in the CF Community Facility District.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas to the north, east, and west of the subject property are zoned RC3 Residence
Conservation District and has developed with residential uses.
The area to the south of the subject property is zoned NB Neighborhood Business District,
and has developed with commercial uses.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located at the edge of a mature residential neighborhood, at the
intersection of two arterial roads. The two southern corners of the intersection have
developed with neighborhood scale commercial uses.
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Findings of Fact • Planning and Development Commission
Petition 44-04 December 6, 2004
G. Zoning District Standard. The suitability of the subject property for the intended zoning
district 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 NB Neighborhood Business District is to provide for commercial areas
supplying daily convenience commodities and services to a neighborhood population. The
scale of development of a NB zoning district is limited by the applicable site design regulations
due to its function and resulting close proximity to residences.
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.
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 PNB
Planned Neighborhood Business District.
The proposed development is ideally suited for the subject property due to its location on an
arterial road network.The applicant is proposing to remove the existing structures on the site,
which may have limited re-use potential, and develop the site with a commercial building
which will compliment the surrounding neighborhood. The applicant is proposing to use
quality exterior building materials such as brick with cast stone accents,and is also proposing
a substantial landscaped area at the southwest corner of the property. This proposal
represents a creative approach to the use of the property, and will provide additional retail
and service opportunities to the surrounding neighborhood. Additionally,the development
process should adhere to the guidelines established for buildings located in historic districts.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as "Urban/Residential Village and Transportation
Corridor,"by the 1983 Comprehensive Plan. The proposed map amendment is consistent
with this land use designation.
I. Natural Preservation Standard. The suitability of the subject property for the intended
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 intended planned development with
respect to the Natural Preservation Standard.
There are numerous stands of mature trees located on the subject property. The developer
intends to preserve many of the mature trees near the corner of Liberty and Villa Streets.
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 intended planned development with
respect 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.
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. The applicant is requesting the
following departures from the standard requirements of the PORI Planned Office Research Industrial
District:
1. 19.45.135(E.2.a)—Vehicle Use Area Street Setback. For a zoning lot of the size of the
subject property in the NB District,a parking lot is required to be setback a minimum of 9.7
feet from a street. The applicant is proposing to locate a parking lot approximately 3 feet
from Villa Street (a 70% departure), and 5 feet from the north property line (a 13%
elan departure).
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Findings of,Fact ' Planning and Development Commission
Petition 44-04 December 6, 2004
td".
2. 19.35.335(E.1.a)—Building Setback.For a zoning lot of the size of the subject property in
the NB District,a building is required to be setback a minimum of 27.5 feet.The applicant is
proposing the building be set back 5 feet from Liberty Street(an 82%departure).
3. 19.35.335(E.1.c)—Transition Setback.For a zoning lot of the size of the subject property
in the NB District, a building is required to be setback a minimum of 55 feet from a
transition lot line. The applicant is proposing to locate the building 44 feet from a transition
lot line near the north property line (a 20% departure).
4. 19.35.335 (11.1)-Transition Landscape Yard.For a zoning lot of the size of the subject
property in the NB District,a 27.5 foot landscape yard is required along a transition lot line.
The applicant is proposing a 5 foot transition yard for portions of the north and east property
lines(an 82% departure).
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Community Development Group has developed or identified the following findings,unresolved
issues, and alternatives:
rA- Summary of Findings.
1. Positive Attributes. The proposed development is ideally suited for the subject
property due to its location on an arterial road network.The applicant is proposing to
remove the existing structures on the site,which may have limited re-use potential,
and develop the site with a commercial building which will compliment the
surrounding neighborhood.The applicant is proposing to use quality exterior building
materials such as brick with cast stone accents, and is also proposing a substantial
landscaped area at the southwest corner of the property. This proposal represents a
creative approach to the use of the property, and will provide additional retail and
service opportunities to the surrounding neighborhood. Additionally'. the
development process should adhere to the guidelines established for buildings located
in historic districts.
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.
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 44-04.On
a motion to recommend approval, subject to the following conditions,the vote was six (6)yes and
zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance,submitted by
Richard Heimberg, and dated November 22, 2004.
2. Substantial conformance to the Site Plan,prepared by Arcline Associates,Ltd, and
dated May 20, 2004, with revisions as required by the Community Development
Group.
3. Substantial conformance to the Exterior Building Elevations, submitted by Arcline
Associates, Ltd., and dated October 25, 2004, with revisions as required by the
Community Development Group.
4. Substantial conformance to the Monument and Exterior Sign Data, submitted by
Arcline Associates,Ltd., and dated May 20,2004,with revisions as required by the
Community Development Group.All signs shall conform to the requirements of the
sign ordinance.
5. Substantial conformance to the Landscape Plan, submitted by Arcline Associates,
Ltd., and dated October 20, 2004, with revisions as required by the Community
Development Group.
6. Substantial conformance to the Site Photometric Plan, submitted by Arcline
Associates, Ltd., and dated May 20, 2004, with revisions as required by the
Community Development Group.
7. The building elevations and floor plans for the single family residence to be
constructed on the northern portion of the subject property will be subject to review
and approval of the Community Development Group.
8. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 44-04 was adopted.
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Findings of Fact Planning and Development Commission
Petition 44-04 December 6, 2004
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John Sdrlbut, Chairman
Planning and Development Commission
Sarosh Saher, Secretary
Planning and Development Commission
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