G48-08 Ordinance No.G48-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM NB NEIGHBORHOOD BUSINESS DISTRICT
TO RC2 RESIDENCE CONSERVATION DISTRICT
(808 Duncan Avenue)
WHEREAS, written application has been made requesting a map amendment from NB
Neighborhood Business District to RC2 Residence Conservation District;
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 and concurs
with 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 June 2, 2008 made by Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
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Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in theRC2
Residence Conservation District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the RC2 Residence
Conservation District, the following described:"
Lot 17 in Block 8 in Grand View Addition to Elgin, in the City of Elgin, Kane
County, Illinois (Property commonly known as 808 Duncan Avenue).
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
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Presented: July 9, 2008
rk Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
Diane Robertson, City lerk
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June 2, 2008
FINDINGS OF FACT
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Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 32-08 Requesting a Map Amendment from NB Neighborhood Business
District to RC2 Residence Conservation District; Property Located at 808 Duncan Avenue; by Chad
Lacek, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Map Amendment to RC2 Residence Conservation District
Current Zoning: NB Neighborhood Business
Proposed Zoning: RC2 Residence Conservation District
Existing Use: Lawful Nonconforming Multifamily 3-Unit Residence
Proposed Use: Lawful Nonconforming Multifamily 3-Unit Residence
Property Location: 808 Duncan Avenue
Applicant and Owner: Chad Lacek
Staff Coordinator: Lydia Treganza, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
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. Plat of Survey (see attached)
EXHIBIT A
Findings of Fact Planning and Development Commission
Petition 32-08 June 2, 2008
I. Draft Ordinance (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Chad Lacek, requesting a map amendment from NB Neighborhood
Business District to RC2 Residence Conservation District. The subject property is located at 808
Duncan Avenue (reference Exhibits A, B, C, D, E and F).
The subject property is 8,712 square feet of land area and is improved with a two-story frame residence
containing three dwelling units; a detached garage and driveway; a shed; and a paved vehicle use area.
The applicant proposes to continue using the property for residential use.
The applicant is requesting a map amendment to RC2 Residence Conservation District to be eligible for
the City of Elgin's Residential Conversion Grant Program. In order to participate in this program, a
property must be classified as a lawful non-conforming multi-family residence and located in a
residentially zoned district (reference Exhibits G, H, I and J).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 32-08 on June 2, 2008. The applicant testified at the public hearing and
presented documentary evidence in support of the application. No objectors were present. The
Community Development Group submitted a Map Amendment Review, dated May 30, 2008.
The Planning and Development Commission has made the following findings concerning the standards
for map amendments:
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 8,712 square feet of land area and is improved with a two-story frame
residence containing three dwelling units;a detached garage and driveway;a shed;and a paved
vehicle use area. There are no significant natural features on the site.
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Findings of Fact Planning and Development Commission
Petition 32-08 June 2, 2008
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 subject property is connected to municipal water and sanitary sewer 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 is suitable for the intended zoning district with respect to the
traffic and parking standard.
The subject property is located on Duncan Avenue, a major collector street serving the eastern
portion of the city. The subject property currently has two points of vehicular access from
Duncan Avenue. One point of access leads to a parking lot on the south side of the residence.
A second point of access leads to a driveway and garage on the north side of the residence.
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 was zoned as follows for the years listed:
1927: B Residential District
1950: A Residential District
1960: B Two Family Residence District
1962: B3 Service Business District
1992: B3 Service Business District
Present: NB Neighborhood Business District
The subject property had a residential zoning classification between 1927 and 1960. In August
1960, an amendment to the Zoning Ordinance was granted and the property was rezoned to B
Two Family Residence District. This zoning classification was changed in 1962 to B3 Service
Business District. Presently,the subject property is zoned NB Neighborhood Business District.
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Findings of Fact Planning and Development Commission
Petition 32-08 June 2, 2008
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 located to the north and west of the subject property are zoned RC2 Residence
Conservation District and consist of single family residences. Properties located to the
northeast, east and south of the subject property are zoned NB Neighborhood Business District
and consist of small businesses. The commercial building immediately south of the subject
property, at the corner of Dundee Avenue and Lincoln Avenue, is vacant.
The proposed rezoning of the subject property is consistent with the surrounding land uses and
zoning. The subject property is located adjacent to a residential neighborhood on the north and
west and is oriented and platted in a manner consistent with the surrounding residential
properties.
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 area surrounding the subject property has developed as a residential community with
commercial uses located along the Dundee Avenue corridor. This corridor provides a mix of
retail, service and educational land uses.
G. 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.
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is located in an area designated"Urban/Traditional"(2.1 to 8.7 dwelling
units per net acre)by the City's Comprehensive Plan and Design Guidelines dated 2005. In the
urban/traditional residential category, single family homes exist or are desired in addition to
higher density multiple family dwellings.
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Findings of Fact Planning and Development Commission
Petition 32-08 June 2, 2008
The proposed development plan for the subject property is in keeping with the goals,objectives,
and policies of these comprehensive plan designations.
H. 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 no significant natural features on the subject property worthy of preserving.
I. Internal Land Use. 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.
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.
Positive Attributes. The proposed rezoning of the subject property is consistent with the
surrounding land uses and zoning and is in keeping with the goals,objectives and policies of the
Comprehensive Plan.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Planning and Development Commission
Petition 32-08 June 2, 2008
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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 approval of Petition 32-08. On a motion to
recommend approval,subject to conformance with all applicable codes and ordinances,the vote was six
(6)yes, and zero (0) no.
1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance,
dated May 14, 2008.
2. Conformance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 32-08 was adopted.
Respectfully submitted:
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Development Commission
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