G73-12 Ordinance No. G73-12
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G73-08
(West Point Gardens Subdivision— 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PMFR Planned Multiple Family Residence District under Ordinance
No. G08-05; and
WHEREAS, Ordinance No. G08-05 was further amended to permit the construction of
additional residential building elevations and floor plans in the West Point Gardens Subdivision
under Ordinance No. G73-08; and
WHEREAS, written application has been made to amend PMFR Planned Multiple
Family Residence District Ordinance No. G73-08 to permit the construction of additional single-
family detached building models within the West Point Gardens Subdivision; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said applications 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 August 17, 2009, 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 Ordinance No. G73-08 entitled "An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District," passed November
5, 2008, be and is hereby amended only as set forth in this ordinance by amending Section 4.F
entitled"Land Use, subsection Residences Division" by the addition of the following:
"Single family detached dwellings" [SR] (single family homes) (UNCL)
And subject to the following conditions:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by
Patrick J. Curran, Manager, Curran Enterprises II, dated August 5, 2009, and
attachments as follows, with revisions as required by the Community
Development Group:
a. 5-Unit Streetscape and end unit elevations prepared by B+F Architects
dated July 27, 2009.
b. 5-Building Footprint prepared by B+F Architects dated July 27, 2009 and
last updated on July 28, 2009.
c. 5-Building Landscape Plan prepared by B+F Architects dated July 27,
2009 and last updated on July 28, 2009.
2. Each detached single-family unit will be constructed with an outdoor amenity in
the form of a concrete or masonry patio located on the side of each unit. Each
patio shall be constructed at the first floor level and be accessible from the unit by
a sliding door. Patios shall be no less than 10 feet in length and 5 feet in width.
3. There are four rows of townhomes containing four groups of units each. No less
than two groups per row will be developed with either the proposed detached
single-family product or the previously approved attached single-family product
(Townhouses). Additionally, an entire row may be developed with the proposed
detached single-family product, or an entire row may be developed with the
previously approved attached single-family townhouse product.
4. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G73-08. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, this ordinance and
associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 14, 2012
Passed: November 14, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: November 14, 2012
Published: November 16, 2012
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
August 17, 2009
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 20-09 Requesting Approval of a Second Amendment to the Annexation
Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building
Models within the West Point Gardens Subdivision; Property Located at 100 Nesler Road; by West
Point Builders & Developers, Inc., as Applicant, and Nesler Road Limited Partnership, as Owner.
GENERAL INFORMATION
Requested Action: Second Amendment to Annexation Agreement
Amendment to Ordinance No. G73-08
Current Zoning: PSFR2 Planned Single Family Residence District
PMFR Planned Multiple Family Residence District
PCF Planned Community Facility District
PAB Planned Area Business District
Existing Use: Residential/Commercial Subdivision
Property Location: 100 Nesler Road
Applicant West Point Builders & Developers, Inc.
Owner: Nesler Road Limited Partnership
Staff Coordinator: Sarosh Saher, Senior 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. Environmental Map (see attached)
F. Site Photos (see attached)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
G. Petitioner's Statement and Additional Building Elevations & Plans (see attached)
H. Draft PMFR Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by West Point Builders & Developers, Inc., requesting a second
amendment to the annexation agreement, and amendments to the planned district ordinances to
introduce additional building models within the West Point Gardens Subdivision. The subject property
is located at 100 Nesler Road (reference attached Exhibits A, B, C, D, and E).
West Point Gardens Subdivision was annexed and zoned in 2004. In 2008,the annexation agreement
and planned district ordinances were amended to allow the developer to construct additional single-
family residential products within the subdivision. The applicant desires to offer additional residential
building models within the subdivision to increase the mix of housing styles and floor plans available,
and to respond to customer requests for single family homes with the benefits of maintenance-free
townhouse living(reference attached Exhibits F, G and H).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 20-09 on August 17, 1009. The applicant testified at the public hearing and
presented documentary evidence in support of the application. No objectors spoke at the public hearing.
The Community Development Group submitted a Planned Development Review, dated August 12,
2009.
The Planning and Development Commission has made the following findings:
1. The proposed residential products consist of detached single-family homes that will be
constructed within the townhouse component of the subdivision. The quality of each residence
will be similar to the quality of the single family homes currently being offered within the
subdivision with respect to rear loaded garages,traditional roof pitches and architectural features
including full and partial width front porches with columns,handrails,brackets and ornamental
details. Previously approved building materials include the use of"Smart" siding or brick on
the front elevations and"Smart"siding and trim on readily visible side elevations. Vinyl siding
is allowed on the rear and interior elevations that are not readily visible.
2. The construction of the new models will not increase the density of the townhouse component
of the subdivision. Price points for the proposed models range from $170,000 to around
$200,000.
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Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
3. The West Point Gardens Subdivision is one of the unique and innovatively designed
subdivisions developed in the community. The proposed single-family product will continue to
complement the existing architecture and character of the subdivision.
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 and Subdivision Ordinance. West Point
Gardens Subdivision was approved in 2005, with a number of departures from the standard
requirements of the zoning and subdivision regulations.
The applicant is requesting the following additional departure from the standard requirements of the
regulations contained within Ordinance G73-08 entitled "An Ordinance Amending PMFR Planned
Multiple Family Residence District Ordinance G8-05 (West Point Gardens Subdivision— 100 Nesler
Road)." For the purposes of this section,the most similar zoning district is the MFR Multiple Family
Residence District. The applicant is requesting the following departure from the standard requirements
of the MFR Multiple Family Residence District:
• Section 19.25.730 Land Use. The zoning ordinance does not provide for the construction of
single-family detached residences within the MFR District. The applicant is proposing to
construct the proposed single-family detached residences within the townhouse component of
the subdivision.
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 residential products consist of detached single-family homes
that will be constructed within the townhouse component of the subdivision. The quality of
each residence will be similar to the quality of the single family homes currently being offered
within the subdivision with respect to rear loaded garages, traditional roof pitches and
architectural features including full and partial width front porches with columns, handrails,
brackets and ornamental details. Previously approved building materials include the use of
"Smart" siding or brick on the front elevations and "Smart" siding and trim on readily visible
side elevations. Vinyl siding is allowed on the rear and interior elevations that are not readily
visible.
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Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
The West Point Gardens Subdivision is one of the unique and innovatively designed
subdivisions developed in the community. The proposed single-family product will continue to
complement the existing architecture and character of the subdivision
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
There are no substantive alternatives to the proposal other than an approval,denial,or approval
with conditions.
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 20-09. On a
motion to recommend approval, subject to the following conditions,the vote was six (6)yes and zero
(0) no:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J.
Curran,Manager,Curran Enterprises II,dated August 5,2009,and attachments as follows,with
revisions as required by the Community Development Group:
a. 5-Unit Streetscape and end unit elevations prepared by B+F Architects dated July 27,
2009.
b. 5-Building Footprint prepared by B+F Architects dated July 27, 2009 and last updated
on July 28, 2009.
c. 5-Building Landscape Plan prepared by B+F Architects dated July 27, 2009 and last
updated on July 28, 2009.
2. A minimum of two blocks per street face within the townhouse component will be constructed
using either the proposed detached single-family product or the previously approved attached
single-family product (Townhouses).
3. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
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Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
s/Denise Momodu
Denise Momodu, Secretary
Planning and Development Commission
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