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HomeMy WebLinkAbout96-309 ti Resolution No. 96-309 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH ASHWOOD CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Ashwood Corporation for the development of Shoe Factory Homes at 630 Congdon Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 6 , 1996 Adopted: November 6, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into this 2011 day of p'L y„1i - , 1996, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City" ) and ASHWOOD CORPORATION, an Illinois corporation, (hereinafter referred to as "Developer " ) . WITNESSETH WHEREAS, Developer is the contract purchaser of the property commonly known as 630 Congdon Avenue, Elgin, Kane County, Illinois, and legally described in Section 2 of Exhibit A attached hereto being a copy of Ordinance G39-96, passed by the City Council of the City of Elgin on August 14, 1996 (hereinafter referred to as the "Subject Property" ) ; and WHEREAS, Developer, after consultations and negotiations with the City concerning certain development assistance, has determined to proceed with the development of the Shoe Factory Homes at the Subject Property which will consist of the redevelopment of a primarily vacant and deteriorating commercial property into 27 new residential homes; and WHEREAS, it is unlikely that such development will occur in the absence of limited economic assistance; and WHEREAS, in order to provide for the continued development of the City including the development of the Subject Property by Developer and Developer' s additional undertakings as set forth herein the City has agreed to provide certain development assistance; and WHEREAS, the development is proposed to include an investment by Developer of approximately $3,500,000 which is estimated to result in the first year after the completion of the development an increase in the City' s tax revenues of approximately $16,000 and an increase in tax revenues to other local taxing districts of approximately $58,000; and WHEREAS, the Developer as part of the development has agreed to donate property for the expansion of adjoining public right of way and to construct new public sidewalks at no cost to the City; and WHEREAS, the Subject Property is one of the predominant sites on the Dundee Avenue corridor and the development of the Subject Property will likely result in the stimulation of further redevelopment or improvements in the area of the Subject Property; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise and perform any function relating to its government and affairs; and WHEREAS, the development assistance resulting in significant increases in the City' s tax base within the City and spurring additional redevelopment are matters within the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : -2- 1 . That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That Developer shall complete its acquisition of the Subject Property within forty-five (45) days of the execution of this agreement. 3 . That Developer agrees to commence construction of the Shoe Factory Homes on the Subject Property within ninety ( 90) days after Developer' s acquisition of Subject Property, and to complete the residential development of the Subject Property pursuant to the development plan and specifications referenced in Exhibit A no later than thirty ( 30) months after commencement of construction (hereinafter referred to as the "Completion Date" ) , provided, however, that the Completion Date shall be extended by one day for each day on which construction is delayed or stopped due to accident, strikes, shortages of material, extreme weather, acts of God, or other causes not within Developer' s reasonable control . 4 . That Developer hereby consents to and waives any objections regarding the project commonly known as the Area III Special Assessment project which involves in part improvements on Preston Avenue from Congdon to Ludlow. Upon execution hereof, Developer shall execute an appropriate instrument of consent and wavier. 5 . That Developer shall prior to the commencement of construction convey to the City by plat of dedication the property along the north side of Congdon and legally described in Section 4 of Exhibit A attached hereto to be utilized by the City as additional public right of way. -3- 6 . That the Developer as part of the development of the Subject Property shall demolish and clear the former gas station building located at the southwest corner of the Subject Property. 7 . That the City shall resurface Ludlow Avenue and provide sidewalks and driveway approaches as set forth in Exhibit B hereto and the Developer hereby agrees to abandon and close all other driveway approaches on the Subject Property. 8 . That the Developer during the development of the Subject Property shall construct at no cost to the City approximately 4 , 975 square feet of public sidewalks along Preston, Congdon and Dundee as more particularly described and shown on Exhibit B attached hereto. 9 . That in consideration for the Developer' s undertaking the development of the Subject Property, Developer' s right of way dedication to the City, Developer's construction of public sidewalks and the Developer's landscaping of the Subject Property in excess of the applicable City ordinance requirements as set forth in Exhibit A hereto, the City agrees to provide a $175,000 economic development grant to the Developer to be used by Developer for improvements on the Subject Property. These funds shall be distributed to the Developer in two installments . The first installment of $100,000 shall be promptly paid to the Developer after Developer' s acquisition of the Subject Property upon the completion of the right of way donation as described in the preceding paragraph number 5 -4- and upon the completion of the demolition and clearing the former gas station building located at the southwest corner of the Subject Property as described in the preceding paragraph number 6 . The second installment of $75,000 shall be paid following final completion of the subject development as evidenced by the issuance of a final certificate of occupancy for all of the subject units and the entire building and upon Developer providing the City with a signed and recorded copy of the Master Declaration of the Shoe Factory Homeowner' s Association. 10 . That the parties understand and agree that the economic development assistance being provided by the City to Developer as set forth herein is expressly contingent upon Developer' s development of the Subject Property as set forth in Exhibit A hereto, as such Exhibit A may be amended from time to time with the City' s prior written consent. In the event the Developer fails to complete the development of the Subject Property on or before the Completion Date, as such date may be extended pursuant to the preceding paragraph 3, the parties understand and agree that the Developer shall reimburse to the City in full any funds disbursed to the City under the economic development grant as provided for the in the preceding paragraph number 9 . 11 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. 12 . That this agreement is subject to and shall be governed by the laws of the State of Illinois . -5- 13 . That this agreement shall be binding on the parties hereto and their respective successors and assigns . The parties understand that Developer is considering assigning all of its rights and delegating all of its obligations hereunder to an affiliate of Developer known as Shoe Factory Homes, L.L.C. , an Illinois limited liability company. Such assignment shall include a written assumption agreement between the Developer and the affiliate of Developer the form of which shall be subject to the City' s written approval . Following such assignment and delegation and such affiliate' s assumption of Developer' s obligations, Developer shall be deemed released from all liability hereunder. IN WITNESS WHEREOF, the parties have entered into and executed this Agreement on the date and year first written above. CITY OF ELGIN, a municipal ASHWOOD CORPORATION, corporation an Illinois corporation -7 By 74 —..ja% By •, - 1'( Kevin Kelly, Myor J B uc Lord f President Attest: }, Attest: k 4-1- '( Jl l`k�C cil�r 1 By A i_ Dolonna Mecum, City Clerk Its r�rl j; -6- • Ordinance No. G39-96 AN ORDINANCE RECLASSIFYING TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT PROPERTY LOCATED AT 630 CONGDON AVENUE (SHOE FACTORY PLANNED DEVELOPMENT) WHEREAS, written application has been made to reclassify certain property located at 630 Congdon Avenue from AB Area Business District to PMFR Planned Multiple Family Residence District for a planned residence district; and WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations 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 made by the Planning and eft. 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 hereinafter laid out in the 'Zoning District Map' , as amended, be and are hereby altered by excluding from the AB Area Business • District and including in the PMFR Planned Multiple Family Residence District, the following described property: BLOCK 5 IN LUDLOW ADDITION TO ELGIN, EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 5; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK 5 FOR A DISTANCE OF 10. 91 FEET; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 108 DEGREES 18 MINUTES 57 SECONDS TO THE RIGHT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 224 .61 FEET; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 8 DEGREES 19 MINUTES 43 SECONDS TO THE LEFT OF A ub. PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 30 . 57 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 43 DEGREES 59 MINUTES 42 SECONDS TO THE LEFT OF A PROLONGATION OF THE LAST EXHIBIT A • • DESCRIBED LINE FOR A DISTANCE OF 23. 84 FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 46 DEGREES 57 MINUTES 29 SECONDS (53 DEGREES 39 MINUTES 35 SECONDS MEASURED) TO THE LEFT OF A PROLONGATION OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 20 . 25 r FEET ( 14 . 96 FEET MEASURED) TO A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 5 WHICH IS 69 .44 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID BLOCK 5; THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE OF BLOCK 5 FOR A DISTANCE OF 69 .44 FEET TO THE SAID SOUTHWEST CORNER OF BLOCK 5; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 5 FOR A DISTANCE OF 284 . 85 FEET ( 284 .27 FEET MEASURED) TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . " Section 3 . The Shoe Factory PMFR Planned Multiple Family Residence District shall be designed, developed, and operated subject to: A. PURPOSE AND INTENT The purpose and intent of the PMFR District is to provide a planned urban residential environment for multiple family e dwellings, subject to the provisions of Chapter 19 . 60, Planned Developments of the Elgin Municipal Code. The PMFR District is most similar to, but departs from the standard requirements of the MFR zoning district. B. SUPPLEMENTARY REGULATIONS Any word or phrase contained within this ordinance followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretative requirements provided in Chapter 19 .90 Supplementary Regulations of the Elgin Municipal Code. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. Additionally, any word or phrase contained within this ordinance followed by the symbol " (PDSR) " shall be subject to the definitions and the additional interpretative requirements provided under Planned Development Supplementary Regulations within this ordinance. The PDSR shall govern over any other conflicting supplementary regulation within this ordinance. C. GENERAL PROVISIONS In the PMFR 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. • • D. ZONING DISTRICTS In the PMFR 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. E. LOCATION AND SIZE OF DISTRICT The location of the PMFR District is in conformance with the official comprehensive plan. The PMFR District contains more than two ( 2) acres of land pursuant to the provisions of Chapter 19 . 25 . 925 Location and Size of District of the Elgin Municipal Code. F. LAND USE In the PMFR 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. The following enumerated "land uses" (SR) shall be the only land uses allowed as a "permitted use" (SR) in the PMFR District. Residences Division eak 1) "Multiple Family Dwellings" (SR) (UNCL) . 2 ) "Residential Garage Sales" (SR) (UNCL) . 3) "Residential Storage" (SR) (UNCL) . 4 ) "Home Businesses" (PDSR) Finance, Insurance, and Real Estate Division 5) "Development Sales Office" (SR) (UNCL) . Construction Division 6) "Contractors Office and Equipment Areas" (SR) (UNCL) . Transportation, Communication, and Utilities Division 7 ) "Radio and Television Antennas" (SR) (UNCL) . 8) "Satellite Dish Antennas" (SR) (UNCL) . 9) "Treatment, Transmission, and Distribution Facilities : Poles, Wires, Cables, Conduits, • Laterals, Vaults, Pipes, Mains, and Values" (SR) (UNCL) . Miscellaneous Uses Division The following shall be in substantial conformance with e"- the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 : 10) "Parking Lots" (SR) (UNCL) , exclusively "accessory" • (SR) rft 11) "Refuse Collection Area" (SR) 12 ) "Signs" (SR) (UNCL) 13) "Accessory Structures" (SR) , exclusively residential garages G. SITE DESIGN In the PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design, of the Elgin Municipal Code. In the PMFR District, .the lot area, lot width, building street setbacks, vehicle use area street setbacks, residential floor area, building coverage, accessory building coverage, and vehicle use area shall be in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. H. OFF STREET PARKING In the PMFR District, off street parking shall be subject to the provisions of Chapter 19 .45, Off Street Parking, of the Elgin Municipal Code. In the PMFR District, the location and design of the off street parking lots shall be in conformance e with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. �. OFF STREET LOADING In the PMFR District, off street loading shall be subject to the provisions of Chapter 19 .47, Off Street Loading, of the Elgin Municipal Code. In the PMFR District, off street loading facilities shall be located in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this ordinance. J. SIGNS In the PMFR District, signs shall be subject to the provisions of Chapter 19 . 50, Signs, of the Elgin Municipal Cdde. In the PMFR District, the signs shall be located and designed in conformance with the revised Shoe Factory Development Plan, prepared by CAPA, dated May 21, 1996 . The Shoe Factory Development Plan shall govern over any other conflicting regulation within this. ordinance. K. AMENDMENTS TO THE PLANNED DEVELOPMENT eift In the PMFR District, amendments to the text and map of the PMFR District, shall be subject to the provisions of • Chapter 19 . 60, Planned Developments, of the Elgin Municipal Code. L. 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. M. PLANNED DEVELOPMENT SUPPLEMENTARY REGULATIONS In the PMFR District, the Planned Development Supplementary Regulations shall be as follows : "Home Businesses" shall mean a "business" (SR) which is "accessory" (SR) to a "dwelling Unit" (SR) . Home businesses shall be subject to the following supplementary regulations : a. Operation - Generally. The operation of a home business shall be' limited to the persons residing in the dwelling unit plus one to three additional employee(s) or subcontractor(s) , working On the premises, who is not a resident, as may be approved by the Homeowner' s Association. The operation of home businesses shall be limited to a cap of up to a maximum of fourteen ( 14 ) businesses, as may be approved by the Homeowner's Association. b. Use of Land and Structures. Home businesses shall be conducted entirely within a dwelling unit. Home businesses may utilize specialized processes and equipment in the performance of the home business, which require building, HVAC, _ plumbing, or electrical installations which are not customarily found within a dwelling unit, as may be approved by the Homeowner's Association. However, no home business shall utilize any process or equipment with any potential for creating a life/safety hazard, as may be determined by the Code .Official. The floor area of the home business within the principal building shall be limited up to a maximum r of thirty (30) percent of the "residential floor area" (SR) , as may be approved by the Homeowner's Association. Home businesses which exceed ten ( 10) percent of the "fire area" shall be subject to the provisions for "accessory areas" of Title 16, fek Buildings and Construction, as may be amended. No home business shall be located within an "accessory building" (SR) . No merchandise shall be stored on the premises, • except such that can be produced on the premises. Other merchandise may be kept on the premises temporarily while t4aiting to be distributed to the consumer. No merchandise, goods, supplies , equipment, or materials shall be displayed or stored outdoors . c. Prohibited Alterations. No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" (SR) with a home business •shall be allowed, including, but not limited to, additional entrances and exits , additional bathrooms, accessible doorways and ramps, etc. No signs other than those in substantial conformance with the revised Shoe Factory Development Plan prepared by CAPA, dated May 21, 1996 shall be allowed on a zoning lot with a home business . d. Traffic and Parking. No merchandise, goods, supplies, or materials associated with a home business shall be received or delivered at the dwelling unit unless conducted entirely by U.S . Postal Service, similar parcel delivery service, or private passenger motor vehicle. No dwelling unit with a home business shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit, as may be approved by the Homeowner' s Association. No more than three to six persons shall be allowed to visit the premises of a dwelling unit with - a home business for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of 8 :00 A.M. to 6 :00 P.M. , and Sunday from the hours of 12 : 00 P.M. to 5: 00 P.M. , as may be approved by the Homeowner's Association. e. Public Nuisance. No home business shall be operated in such a manner as to cause a public nuisance including, but not limited to interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems . • f. Prohibited Home Businesses . No home business shall involve the detailing, servicing, or repairing of motor vehicles . No home business shall involve •the grooming, treatment, boarding, or propagation Of animals, poultry, or livestock. No home business shall involve the personal or medical • care or treatment of persons . No home business shall involve the handling or preparation of food. g. Administration and Enforcement. The homeowners association or their designees shall be responsible for the administration and enforcement of the regulations governing home businesses at the Shoe Factory Planned Development. Section 4 . That the PMFR District shall be subject to the following conditions : 1. Conveyance of a Plat of Dedication to the City of Elgin for property along the north side of Congdon Avenue for future roadway and intersection improvements, prior to building permit issuance, said property to be conveyed being legally described as follows : eft That part of Block 5 in Ludlow Addition to Elgin described as follows: Beginning at the Southeast corner of said Block 5; thence West along the South line of said Block 5, a distance of 428 . 36 feet, to a bend point in said South line; thence West along a line, said line being the North right of way of Congdon Avenue, that forms an angle of 2 degrees 19 minutes 57 seconds to the right of last described course extended a distance of 14 . 96 feet; thence northwesterly along a line, said line being the easterly right of way of Illinois Route 25 (Dundee Avenue) , that forms an angle of 53 degrees 39 minutes 35 seconds to the right of the last described course extended, a distance of 23.84 feet; thence . northerly along a line, said line being the easterly right of way of Illinois Route 25 (Dundee Avenue) , that forms an angle of 43 degrees 59 minutes 42 seconds to the right of the last ' described course extended, a distance of 21. 60 feet; thence southeasterly along a line, said line being 15.00 feet distant and parallel to the easterly right of way line of Illinois Route 25 (Dundee Avenue) , that forms an angle of 136 degrees 00 minutes 18 seconds to the right of the last described course extended, a distance of 38.00 feet; thence easterly along a line, said line being 10 .00 feet distant and parallel to the northerly right of way line of Congdon Avenue, that forms an angle of 53 degrees 39 minutes 35 seconds to the left of the A last described course extended, a distance of 3 . 52 feet; thence easterly along a line, said line being 10 feet distant and parallel to the North right of way line of Congdon Avenue, that forms an angle of 2 degrees 19 minutes 57 seconds to the left of the last described course extended, a distance of 428 . 14 feet, to the East line of said Block 5; thence South along the East line of said Block 5 a distance of 10. 00 feet to the place of beginning, in the City of Elgin, Kane County, Illinois . 2 . Payment of Development Impact Fees at the time of building permit issuance; 3. Compliance with all other applicable codes and ordinances . " Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor r Presented: August 14, 1996 Passed: August 14, 1996 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 15, 1996 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • July 1, 1996 eft FINDINGS OF FACT PLANNING AND DEVELOPMENT COMMISSION CITY OF ELGIN I. SUBJECT Petition 14-95 Requesting a Map Amendment from AB Area Business District to PMFR Planned Multiple Family Residence District; Property Located at 630 Congdon Avenue; by the Ashwood Corporation, as Applicant and Marion Ginsberg, as Owner. II. CONSIDERATIONS A petition has been filed by the Ashwood Corporation requesting a map amendment from AB Area Business District to PMFR Planned Multiple Family Residence District. The subject property is located at 630 Congdon Avenue. The petitioner proposes to adaptively reuse the existing commercial structure, develop it into 27 residential units, and provide for residential occupations . The units will vary in size from 610 square feet to 2050 square feet, and will vary in configuration with one, two and three story units. The proposal is to market up to a maximum of fourteen of the twenty-seven units to those individuals who may desire to operate a residential occupation in combination with their home. III. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing on Petition 14-95 on June 17, 1996 . The petitioner testified at the public hearing. No objectors appeared at the public hearing. A Petition Review, dated May 31, 1996, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 14-95. This Petition Review, along with the exhibits attached thereto, and the written transcription Page 1 FOF14 .95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 .95 eek the proceedings of the public hearing, are attached hereto e"" and made a part hereof. The Planning and Development Commission has made the following findings with respect to Petition 14-95 : A. Site Characteristics The subject property is a city block bounded by Dundee, Congdon, Preston and Ludlow Avenues and contains approximately 111,592 square feet or 2 .5 acres . The subject property is developed with a three to four story brick commercial building, two accessory buildings, and several parking areas . B. Sewer and Water Sewer and water service is currently provided to the subject property. The proposed redevelopment will not impact the provision of sewer and water service to the subject property. C. Traffic and Parking Dundee Avenue (Illinois Route 25) and Congdon Avenue function as arterial streets serving the east side of the city. Preston and Ludlow Avenues function as local streets serving the adjacent neighborhoods . Five points of access are proposed along Ludlow Avenue to the subject property for off street parking. The existing points of access on Dundee and Congdon Avenue to the subject property will be removed. Access to Dundee, Congdon, or Preston Avenue will be prohibited. The off street parking ordinance requires one stall per 500 square feet of floor area for residential dwelling units. (With a minimum of two spaces, not to exceed four spaces) . Based on the residential floor area for the twenty-seven units, 84 parking spaces are required. Additionally, no dwelling unit with a residential occupation or a conditional residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit. Ninety-nine off street parking spaces have been provided at the subject property. The applicant proposes to assign two parking spaces per unit (one space within a garage, and one space within a designated parking lot, r Page 2 FOF14 .95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 .95 • for a total of 54 parking spaces for the residential use of the subject property. The remaining 45 parking spaces will be allocated to the residential or conditional residential occupations for employees and visitors . Only fourteen of the twenty-seven units are designated for residential occupations . The residential occupations and designation of parking stalls will be monitored by the Homeowners Association. D. Zoning History 1928 G Industrial District 1950 F Industrial District 1960 F Industrial District 1961 F Industrial District 1962 M-1 Limited Manufacturing District 1992 M-1 Limited Manufacturing District Present AB Area Business District E. Zoning Status Development of the subject property with permitted land uses in the AB District is considered to be lawful. Adaptive reuse of the subject property with residential requires a map amendment and a planned development. F. Surrounding Land Use and Zoning The area located to the north of the subject property, across Ludlow Avenue, is zoned AB Area Business . District and RC2 Residence Conservation District, and is developed with a gas station and residences . The area located to the east of the subject property, across Preston Avenue, is zoned RC2 District and CF Community Facility District, and is developed with residences and a church. The area located to the south of the subject property, across Congdon Avenue, is zoned RC2 District and AB District and is developed with residences and a strip shopping center. The area located to the west of the subject property, across Dundee Avenue, is zoned AB Area Business District and is developed with commercial uses. • r Page 3 FOF14. 95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.95/PET14 .95 G. Trend of Development The area surrounding the subject property has developed with commercial and residential uses . H. Comprehensive Plan The subject property is designated urban residential in the Comprehensive Plan. Dundee and Congdon Avenues are designated as transportation corridors . IV. RECOMMENDATION On a motion to recommend approval of Petition 14-95 , subject to the following conditions : 1. Substantial compliance with the revised planned development plan prepared by CAPA, dated May 21, 1996 . 2 . Compliance with Exhibit 5, the Planned Development Statement of Purpose, Conformance and Departures prepared by CAPA, dated May 21, 1996 . 3 . Access to the subject property shall be limited to five points on Ludlow Avenue, as depicted on the planned '` development plan. No additional points of access to the subject property shall be permitted. 4 . Restoration of curb, gutter and sidewalk along Dundee _ Avenue and Congdon Avenue. 5 . Conveyance of a Plat of Dedication to the City of Elgin for property along the north side of Congdon Avenue for future roadway and intersection improvements, prior to building permit issuance. 6 . Payment of Development Impact Fees at the time of building permit issuance. 7 . Submission to and approval by the city of a Homeowner's Association Agreement prior to ordinance approval by City Council . • 8 . Compliance with all applicable codes and ordinances . r Page 4 FOF14. 95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 . 95 • the vote was Five (5) Yes and Zero (0) No. Therefore, the motion to recommend approval of .Petition 14-95 was adopted. . Robert W. Siljestr , Chairman� Planning and Development Commission -,,14� Roge K. Dahlstrom, Secretary� Planning and Development Commission r r Page 5 FOF14 . 95/PZTEXT/3000DV. SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14. 95 g� f Sf../ i11 1 s�. HE S Fl E F 4iI• c I lig R- L•r RESIDENTIAL COMMUNITY �r�0 _ 630 Congdon Road , Elgin , Illinois H a l.d,8 1 1 H w¢r TO BE DONE AS PART OF CITY RESURFACING PROJECT • • :. Q.v ., � - _ r : b ail __ illi�;� _ _rY .4., ,,. .z /...7*!.. ...._......._______ ..o / .1 1 li .: nil • 4. t tASll M Q' C] TRASH AlA _ • i f� j W ,co cr1.• j , . 4 ,,h e� -r-�Iad 0 A"' /.... , -=I •SIDE Ill : IIESIOEIIT•S .. VI3ITOftS f foAfKIN rAfKI • 1 AS0KEINVPIASIIfikOInG$— i :. 1 i % 1 elg...5 a /1, ... .1.. .1/. .. 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Om D£veLDPE:R • • l0ili9 SUMMARY OF PROPOSED DEVELOPMENT AGREEMENT FOR THE SHOE FACTORY PROJECT I . Property Taxes (assumes $3 .5M investment) Est. at Net Current Build Out Gain City $ 3,085 $19 , 600 $16,515 Other Dist. 10, 880 69 , 150 58, 270 Total $13,965 $88,750 $74,785 II . Value of Donated Right-of-way 4, 820 square feet at $4.50 $21, 690 III . Sidewalk Improvements 4,975 square feet at $4 .00 $19.900 IV. Developer fees to City Development application 990 Impact fees 29 ,250 Site plan review (Eng. ) 1, 000 Plan review and permits (Code) 25,280 $56,520 V. Other Enhancements from Original Plan - Reduction in the number of units from 29 to 27 - Reduction in home occupation units from 27 to 14 - Elimination of former gas station from development - Over landscaping of site - Developer waives objections to Area III Special Assessment VI . Economic Development Grant - Developer requests $175, 000 paid in two installments - $100,000 at commencement of construction for model unit and $75,000 at project 's final Certificate of Occupancy. Of F4C , Agenda Item No. — City of Elgin October 18, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Proposed Development Agreement for Shoe Factory Homes PURPOSE To present to the Mayor and members of the City Council information regarding a proposed Development Agreement with the Ashwood Corporation as the developer of the Shoe Factory Homes at 630 Congdon Avenue. BACKGROUND The Ashwood Corporation of Chicago is the developer of an rft adaptive reuse of the mostly vacant 1891 former Shoe Factory Building. Redevelopment plans provide for the construction of 27 townhomes/condominiums in a loft-style project. On July 10, 1996, the City Council approved Ordinance No. G39-96, which reclassified the subject property to a planned multiple family residence district and which authorized the development of the property in conformance with the Shoe Factory development plan. As the City Council has previously been advised in memoranda on this subject, the developer is seeking city assistance on this project. The developer is requesting $175,000 in financial incentives to help insure the project's success . Attached is a proposed Development Agreement between the Ashwood Development Corporation and the City. The development agreement may be summarized follows: 1. Developer must complete its acquisition of the property within 45 days of the execution of the Development Agreement. 2 . Developer must commence construction of the project within 90 days after acquisition of the property and complete the development within 30 months after commencement of construction. Mayor and Members of the City Council Page -2- r. October 18, 1996 3. Developer would waive any objections regarding the Area III Special Assessment Project. 4. Developer would convey to the City approximately 4,820 square feet of property along the north side of Congdon Avenue to be utilized by the City as future additional public right of way. 5. Developer would demolish and clear the former gas station building located at the southwest corner of the property. 6 . Developer would construct approximately 4,975 square foot of public sidewalks along Preston, Congdon and Dundee. 7 . The City would resurface Ludlow Avenue and reconstruct certain sidewalk areas and driveway approaches along Ludlow. 8. The City would provide a $175,000 economic development grant to the developer to be used by the developer for improvements on the property. These funds would be distributed to the developer in two installments . The first installment of $100,000 would be paid after 1) developer's acquisition of the property, 2) completion of the right of way donation and 3) completion of the demolition and clearing the former gas station building. The second installment of $75,000 would be paid following final completion of the subject development and recording of the Master Declaration for the Homeowners ' Association. Also attached hereto is a document entitled "Summary of Proposed Development Agreement for the Shoe Factory Project" . The summary sheet provides for estimates in net gains in property taxes, value of the right of way to be donated by developer, value of sidewalk improvements to be made by developer and fees which would be paid by the developer to the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 4 • 4 Mayor and Members of the City Council Page -3- October 18, 1996 FINANCIAL IMPACT The Development Agreement would a require $175,000 economic development incentive grant by the City. The resurfacing of Ludlow Avenue is included in the City's 1997 neighborhood street improvement program and would be accomplished regardless of the development. The development is expected to generate approximately $16,500 in additional annual property taxes to the City, $21,700 in donated right of way, $20,000 of reconstructed public sidewalks, and $56,500 in permit fees . The economic incentive grant would be funded from the 1996 Riverboat Lease Fund - account number 276-0000-791. 80-27, economic development initiatives, where $182,000 remains . LEGAL IMPACT None. ALTERNATIVES 1. Approval of the Development Agreement. 2 . Rejection of the Development Agreement. RECOMMENDATION Approval of the Development Agreement with the Ashwood Corporation. Re • - tfully submitted, j , ,4 Robe t 0. Ma m Assistant City Manager/Chief Operating Officer . 0.4.ze )1464horko),i Ri hard B. Helwig City Manager ROM/WAC/mg ASHWOOD CORPORATION 228 S. WABASH AVENUE, SUITE 410 • CHICAGO, ILLINOIS 60604 (312) 663-1700 November 21, 1996 Mr. Robert 0. Maim Interim City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120 Re: The Shoe Factory Homes Elgin, Illinois Dear Bob: Thank you for sending the two original Development Agreements between the City of Elgin and Ashwood Corporation. As requested, I have signed both Agreements and enclosed is one copy for your records. As you are, our group is looking forward to working on this outstanding development and feel that it will be an asset to the community. We also want to thank you and the City staff for the excellent cooperation we received in the planning and rezoning process. Best regards /.7 , y et -....\AA /J.iit ce Lord \ ')1 ' ' , ` �Y ,4 BL/dz 'Ler I, ig,‘-''.,<N4 vi-` ev- ‘ c: Marian Ginsberg eV k,