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HomeMy WebLinkAboutG42-23 Ordinance No. G42-23 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY BUSINESS DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (210-214 DuPage Street and 15-19 Ziegler Court) WHEREAS, written application has been made requesting conditional use approval for a planned development for the adaptive reuse of a portion of an existing building into a Dwelling, Apartment [SR] as defined by the Elgin Municipal Code 1976, as amended, with five (5) residential units with certain departures from the Elgin zoning ordinance at 210-214 DuPage Street and 15-19 Zieger Court; and WHEREAS, the zoning lot containing the premises at 210-214 DuPage Street and 15-19 Ziegler Court is legally described herein(the"Subject Property"); and WHEREAS, the Subject Property contains less than two (2) acres of land, and is located within the CC1 Center City Business District, and WHEREAS, a planned development on a zoning lot containing less than two (2) acres of land is listed as a conditional use within the CC1 Center City Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 11, 2023, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use for a planned development in the CC 1 Center City Business District pertains to the government and affairs of the city. 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 September 11,2023,and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development for the adaptive reuse of a portion of an existing building into a Dwelling, Apartment [SR] as defined by the Elgin Municipal Code 1976, as amended, with five(5)residential units with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 210-214 DuPage Street and 15-19 Ziegler Court,and commonly identified by Kane County Property Index Number 06-13-302-014, and legally described as follows: That part of Lots 6, 7,and 8 in Block 11 of the Original Town of Elgin,on the East side of the Fox River, described as follows: Beginning at a point on the South line of said Lot 8, 25 feet West of the Southeast corner of said Lot 8; thence North parallel with the East line of said Lot 8, 96.87 feet; thence East parallel with the North line of said Lot 8, 3 feet; thence North parallel with the East line of said Lot 8, 24 feet to a line drawn parallel with and 12 feet South of(measured at right angles) the North line of said Lots 6, 7, and 8; thence West along said parallel line 154.3 feet to the Easterly right of way line of the Chicago and Northwestern Railway; thence Southerly along said Easterly right of way line, 142.9 feet to the South line of said Lot 7; thence East along the South line of said Lots 7 and 8, 75.4 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. (commonly known as 210-214 DuPage Street and 15-19 Ziegler Court). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Raul Negron/Extreme Remodeling Co, as applicant, and ZiePage Holdings, LLC., as property owner,received May 16, 2023, and supporting documents including: a. Undated document titled: The Mix on DuPage 210-214 DuPage St Redevelopment Statement of Purpose& Conformance, received August 25, 2023; b. Undated document titled: The Mix on DuPage Owner-Operators: ZiePage Holdings,LLC,received August 25, 2023; c. Undated window specifications for Legends Clad Series Aluminum Clad Wood Windows, by TrimLine Windows Incorporated, received August 25, 2023, with such further revisions as required by the Community Development Director; d. Plat of Survey,prepared by Luco Construction Co. dated September 25, 2007; and e. Architectural plan set titled: ZiePage Holdings LLC 212-214 DuPage St. Elgin,IL, prepared by Lev Consulting Services, dated January 11,2023, last revised October 16, 2023, with such further revisions as required by the Community Development Director. 2 In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the establishment of residential dwellings with the following floor areas:one-bedroom units with the minimum 645 square feet of floor area, and two-bedroom units with the minimum 970 square feet of floor area. 3. The ground floor of the building on the Subject Property may include up to one (1) dwelling unit and the principal use of the building shall be a "Dwelling, Apartment" [SR] as defined within Section 19.90.015 "Definitions and Regulations", notwithstanding the provisions of Section 19.35.530 "Land Use" and notwithstanding the definition of"Dwelling, Upper Floor Apartment" [SR] within Section 19.90.015 "Definitions and Regulations". 4. A departure is hereby granted to allow the construction of an entrance arch with signage over the access driveway to DuPage Street with the maximum permitted height of 15.5 feet and maximum permitted sign surface area of 28 square feet. 5. All new windows proposed shall be wood windows with aluminum covers,color black or dark bronze, with the number of window grills matching the number of window grills on the existing windows on the south elevation of the four-story portion of the building on the Subject Property.The window grilles shall be"Simulated Divided Lites with Spacer Bar". 6. The location and final design with signage of the proposed arch over the access driveway to DuPage Street shall be approved by the Community Development Director. 7. The application,review and approval of the conditional use for a planned development authorized by this ordinance providing for the adaptive reuse of the four-story portion of the existing building on the subject Property as a Dwelling, Apartment [SR] with a maximum of five(5)dwelling units is hereby granted further departures from any other conflicting regulations in Section 19.35.535 "Site Design", from an other conflicting regulations in Chapter 19.60 "Planned Developments" and from any such other conflicting Provisions in Title 19 of the Elgin Municipal Code, "Zoning". 8. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Ka in, or 3 Presented: November 1, 2023 Passed: November 1, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: November 1, 2023 Published: November 1, 20234' 7n At st: ,s: v �y Kimberly Dewis, C-Ork ,. tVI ���/l { o •$'.0-`—IJ`4�W. ;�:,., '0" 4 EXHIBIT A September 11, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 15-23, an application by Raul Negron/Extreme Remodeling Co, as applicant, and ZiePage Holdings, LLC., as property owner, requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the minimum floor area for dwellings, and any other departures as may be necessary or desirable, to convert the vacant 4-story portion of the existing building at the property commonly referred to as 210-214 DuPage Street and 15-19 Ziegler Court, into an"apartment dwelling"as defined by the Elgin Zoning Ordinance with five residential units. GENERAL INFORMATION Petition Number: 15-23 Property Location: 210-214 DuPage Street and 15-19 Ziegler Court Requested Action: Planned development as a conditional use Current Zoning: CC1 Center City District Proposed Zoning: No change. CC 1 Center City District Existing Use: Vacant portion of an existing commercial and residential mixed-use building Proposed Use: Apartment dwelling Applicant: Raul Negron/Extreme Remodeling Co. Owner ZiePage Holdings LLC. Recommendation &Findings of Fact Petition 15-23 September 11,2023 Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Raul Negron/Extreme Remodeling Co, as applicant, and ZiePage Holdings, LLC., as property owner,are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the minimum floor area for dwellings, and any other departures as may be necessary or desirable, to convert the vacant 4-story portion of the existing building at the property commonly referred to as 210-214 DuPage Street and 15-19 Ziegler Court, into an"apartment dwelling"as defined by the Elgin Zoning Ordinance with five residential units. The subject property is located on a 13,823-square foot property in downtown Elgin.The property is zoned CC1 Center City District and is improved with an approximately 15,795-square foot commercial and residential mixed-use building, which essentially consists of three separate buildings that are connected. The property has frontage along DuPage Street on the south and a public alley on the north. To the west, the property is adjacent to a former railroad right-of-way that was designated as Ziegler Court and which is now privately owned by building owners west of Ziegler Court.The residential portion of the subject property,which faces DuPage Street, is the four-story, masonry building that includes seven residential apartments and one car attached garage. The commercial portion of the property consists of a two- and four-story building commonly known as 15-19 Ziegler Court and 210 DuPage Court. The three commercial units which face Ziegler Court include Side Street Studio, an art store and community center, which also occupies the majority of the 2nd floor of the commercial portion of the building, a barber shop, and Gooses Juices retail store. The fourth commercial unit, a tattoo parlor, is located at 210 DuPage Street in the one-story portion of the building. The ground floor of the rear portion of the commercial building includes an indoor parking garage with seven parking spaces accessible from DuPage Street. The four-story portion of the commercial building is subject of the current petition,and is currently vacant.The tattoo parlor one-story building features residential siding, while the remainder of the building features brick masonry exterior. -2 - Recommendation& Findings of Fact Petition 15-23 September 11,2023 S . u �Ir - 201 203_205 207,209-211 --213--215.-217 225 227 (LOLL' x X 225'227 17A./"" ! 201i207205205T12 209 215 217 1 IOi 1 ''205 217 1 2 - &P�1 225 22227' 9 1 I (-��r Eg , 227227 „ t.,.: TT7 . - ice La r I�EEL • '" m 9 in II ubect rr t177 �()pert}, u7 Subject 4-story 1s .`` +t '. .- i:�ortion for adaptive • 2022 •: '-.�_ - —•� �= E� reuse into 5 N �� O ' 1512 jThrecldenualunits .It. m portion of the • ��R el ri II Wilding 17 0 19 1. 214 a t so/ow ;. iii 19s ; ` -+ L I\ �214 1 . 20 - . ... O Q \. � 2,n 1,1t �4 t 220. 2r + 12 F�rsf,jenhalpo1I p . 27 _q,2oa '' . 172 E 4zra • of the buildtn9 0 . ...":* . ah id 31 f / DuPag.St .., " "b, • iiii Figure 1.Site area map All surrounding properties are zoned CC 1 Center City District. The properties to the north across the public alley include a variety of two-and three-story buildings facing E. Chicago Street with ground floor commercial uses and mostly upper-story residential units. The properties to the west across Ziegler Court include two two-story mixed-use buildings with ground floor commercial uses and mostly upper-floor residential uses. The property adjacent to the east is the two-story former Elks Lodge with a small on-site parking lot separating it from the subject property, which is currently vacant. And the property to the south across DuPage Street is the two-story Henrietta Building constructed in 1908,that was mostly occupied by retail department stores throughout its history, but was later converted to Elgin Community College's downtown campus. The building was converted to Elgin Artspace Lofts and art galleries in 2013. Proposal ZiePage Holdings, LLC acquired the subject property in September 2022 and is now proposing the adaptive reuse of the rear,two-tand-four-story portion of the building into five residential units. This portion of the building is currently vacant. -3 - Recommendation& Findings of Fact Petition 15-23 September 11,2023 The applicant is proposing two 2-BD 1-Bath units and three 1-BD 1-Bath units. All units are smaller than the minimum floor area required by the zoning ordinance and as such require the approval of a planned development as a conditional use with departures from the minimum floor area requirement. The breakdown of the proposed units, which are to be known as "The Mix on DuPage" is summarized in the Table 1 below. The Mix on DuPage—214 DuPage Street Unit #of Bedrooms Required Floor Proposed Floor Area Area 1st Floor,Unit A 2 1,100 sq. ft. 970 sq. ft. 2nd Floor,Unit A 1 850 sq. ft. 645 sq. ft. 2nd Floor,Unit B 2 1,100 sq. ft. 975 sq. ft. 3rd Floor 1 850 sq. ft. 700 sq. ft. 4th Floor 1 850 sq. ft. 700 sq. ft. The proposed apartments are smaller than that required by the zoning ordinance, but the sizes are consistent with those previously approved by City Council at the Elgin Tower Building,Fox River Crossing, the former Gasthaus on Grove Avenue, Courtyard at 40 (at 40 DuPage Street), and others. At the Tower Building for example,most one-bedroom units range from 480 to 730 square feet,and the two-bedroom units range from 730 to 880 square feet.At the Courtyard at 40 building one-bedroom units range from 602 to 774 square feet, and the two-bedroom units range from 791 to 858 square feet.The residential units above the former Gasthaus Bar and Grill at 11-15 N.Grove Ave include one one-bedroom unit with 524 square feet and two two-bedroom units which range from 695 to 802 square feet in floor area. All proposed units would be market rate rental apartments with open concept, exposed brick, industrial loft style,modern appliances, central HVAC, and in-unit washer and dryer.The zoning ordinance does not require any parking spaces for any use located in downtown Elgin.The building however has an indoor parking garage with seven parking spaces which are currently leased. The applicant, however, intends to offer those parking spaces to the future tenants. In addition, the residents and guests of the proposed units would have access to the City's downtown parking facilities,including the Fulton Street parking deck with 456 parking spaces one block to the south, several surface parking lots, and on-street parking. -4- Recommendation & Findings of Fact Petition 15-23 September 11, 2023 !Building Entrance 2-BD 1111 1 11• .t1ff. ' •I C "�..�� ,''• -1_ •. m=�_.i IF I Nom Id _: 2p.rt1 1 Im Itigill u III =r� 'll C jli Mill _1._: _„____ , � ' ' �2-BD IL 11-BD m ,dJ lv� 1ni 1 7 W u �.1 . mmiNENIEN 4, :: 'r f'rl • 410 _LE . ,_________ 1st Floor 2nd Floor 1 1 1 it t r ill s'VI � (II"' �„ rrit,, 31, mom111-BD 1 ---- il1-BD I I 1 ii 3rd Floor 4°i Floor Figure 2.Proposed floor plans - 5 - Recommendation& Findings of Fact Petition 15-23 September 11,2023 The proposed adaptive reuse consists of mostly interior renovation of the exiting building. The applicant will,however, cut some new openings for new windows on the east side of the building, and open up former window openings that were filled in over time on the east and north side of the building.All new windows will match the existing black metal windows in style and color with the same number of grills. The exterior of the ground floor of the building next to the building entrance would be renovated by removing the existing in-fill siding and replacing it with in-fill brick masonry that would match the masonry of the existing building. The applicant is also proposing to install a new entrance arch over the access driveway which leads to the building entrance from DuPage Street. The new arch would include masonry columns to match the masonry of the building and metal arch to reflect the commercial and industrial history of the building. The arch would include a new sign for building branding and is one of the departures requested. The requested departures from the zoning ordinance are summarized in Table 1 below, and are further described in the Planned Development Departures and Exceptions section of the staff report further below. Table 1. Detail of Required Departures 210-214 DuPage Street Requirement Proposed 645-700 sq. ft. for 1-BD Floor area per dwelling unit Min. 850 sq. ft. for 1-BD units units Min. 1,100 sq. ft. for 2-BD units 970-975 sq. ft. for 2-BD units One unit on the ground floor Location of dwelling units Upper-level dwelling units and four units on upper levels Type of free-standing One 10-ft. high,40-sq. ft. 1 arch with signage and graphic monument graphic max. height of 15.5 ft. The Community Development Department offers the following additional information: A. Property History. The property was zoned E Commercial District by the first zoning ordinance in 1927. In 1962, the property was rezoned to B2 Central Business District. In 1992, the property was rezoned to CC1 Center City Business District as part of the comprehensive amendment to the zoning ordinance. The existing mixed-use building on the property was constructed around 1890. • -6- Recommendation & Findings of Fact Petition 15-23 September 11,2023 B. Surrounding Land Use and Zoning. All surrounding properties are zoned CC1 Center City District. The properties to the north across the public alley include a variety of two- and three-story buildings facing E. Chicago Street with ground-floor commercial uses and mostly upper-story residential units.The properties to the west across Ziegler Court include two two-story mixed-use buildings with ground-floor commercial uses and mostly upper- floor residential uses. The property adjacent to the east is the two-story former Elks Lodge with a small on-site parking lot separating it from the subject property, which is currently vacant. And the property to the south across DuPage Street is the two-story Henrietta Building constructed in 1908, that was mostly occupied by retail department stores throughout its history, but was later converted to Elgin Community College's downtown campus. The building was converted to Elgin Artspace Lofts and art galleries in 2013. C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown contains mixed-use structures featuring retail, restaurant, service uses, office and residential uses. Mixed-use structures contribute to an active street life and help foster a unique sense of place within Elgin. A variety of uses should be encouraged throughout the Downtown and should be located at or near the sidewalk with parking in the rear. D. Zoning District.The purpose and intent of the CC1 Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric. The CC1 zoning district provides for a concentration of finance, service, retail, civic, office, and cultural uses in addition to complementary uses such as hotels, entertainment and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian oriented character. E. Trend of Development. The subject property is located within the traditional downtown area that has historically been developed with a mix of commercial, retail, service, restaurants, and residential uses. The City encourages downtown development that will foster a vibrant,walkable,mixed-use center for the community,as well as a regional center with an urban fabric unique to the Chicago metropolitan region. In recent years, the downtown has experienced significant revitalization with several building and façade renovations, including the Tower Building at 100 E. Chicago Street, 19-21 Douglas Avenue building, and the restoration of the former Gasthaus restaurant at 11-15 N. Grove Avenue. The adaptive reuse of the former five-story office building at 40 DuPage Street into 40 residential units (Courtyard at 40) is currently under construction. Some of the notable businesses that have recently opened in the downtown area include Kubo Sushi and Sake Lounge, BeaUnique Latin Kitchen,Meraki Market Hub,and Vern's Tavern. -7- Recommendation& Findings of Fact Petition 15-23 September 11,2023 FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 15-23 on September 11,2023.Testimony was presented at the public hearing in support of the application.The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated September 11,2023. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in§ 19.60.040, and standards for conditional uses outlined within§ 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 13,823-square foot property is improved with an approximately 15,795-square foot commercial and residential mixed-use building which covers the majority of the site. The remainder of the property is the access driveway from DuPage Street to the existing enclosed parking garage located in the rear of the ground floor. Except for the subject approximately 5,000-square foot portion of the building, the remainder of the building is fully occupied with a variety of commercial and residential units.The proposed adaptive reuse of the vacant portion of the building into five residential units includes primarily interior renovation. The exterior changes include new windows, which would match the existing windows in style and color, and a new entrance arch of the driveway leading to the building entrance. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is proposing to install a new 8-inch water main to provide the water services for the new units, and for the required fire sprinkler system as the building will be fully sprinidered as required by the Fire Code. The - 8 - Recommendation & Findings of Fact Petition 15-23 September 11,2023 city sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property has frontage along DuPage Street with an access driveway leading to the ground floor parking garage in the rear of the commercial building.On the north side,the property has frontage along a City alley but no vehicular access. Pedestrian access exists on DuPage Street on the south and from Ziegler Court on the west, a former railroad right-of-way that is currently owned by the building owners west of Ziegler Court. The applicant is proposing primarily interior renovation of the existing building. Exterior improvements include the construction of a new arch over the driveway leading to the ground-floor garage,which also leads to the building entrance. The archway will not have any negative impact on the existing vehicular access to the ground floor garage. The proposed use will not have any negative effect on the existing traffic circulation in the downtown area. All uses in the CC1 district are not required to provide any parking spaces. As such, there is no regulatory parking requirement for the proposed residential units. The residents will have access to all downtown city-owned parking facilities, including the Fulton Street parking deck located one block to the south. The building includes a ground floor garage with seven parking spaces which are currently leased. However, when the current lease runs out in 2024, the applicant plans to offer the on-site parking spaces to the residents of the proposed units. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. -9- Recommendation & Findings of Fact Petition 15-23 September 11,2023 Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The property was zoned E Commercial District by the first zoning ordinance in 1927. In 1962, the property was rezoned to B2 Central Business District. In 1992, the property was rezoned to CC 1 Center City Business District as part of the comprehensive amendment to the zoning ordinance. The existing mixed-use building on the property was constructed around 1890. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. All surrounding properties are zoned CC 1 Center City District.The properties to the north across the public alley include a variety of two-and three-story buildings facing E. Chicago Street with ground floor commercial uses and mostly upper-story residential units. The properties to the west across Ziegler Court include two two-story mixed-use buildings with ground-floor commercial uses and mostly upper-floor residential uses.The property adjacent to the east is the two-story former Elks Lodge with a small on-site parking lot separating it from the subject property, which is currently vacant. And the property to the south across DuPage Street is the two-story Henrietta Building constructed in 1908, that was mostly occupied by retail department stores throughout its history, but was later converted to Elgin Community College's downtown campus. The building was converted to Elgin Artspace Lofts and art galleries in 2013. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located within the traditional downtown area that has historically been developed with a mix of commercial, retail, service, restaurants, and residential uses. The City encourages downtown development that will foster a vibrant,walkable,mixed-use center for the community,as well as a regional center with an urban fabric unique to the Chicago metropolitan region. In recent years, the downtown has experienced significant revitalization with several building and facade renovations, including the Tower Building at 100 E. Chicago Street, 19-21 Douglas Avenue building, and the restoration of the former Gasthaus restaurant at 11-15 N. Grove Avenue. The adaptive reuse of the former five-story office building at 40 DuPage Street - 10- Recommendation & Findings of Fact Petition 15-23 September 11,2023 into 40 residential units (Courtyard at 40) is currently under construction. Some of the notable businesses that have recently opened in the downtown area include Kubo Sushi and Sake Lounge,BeaUnique Latin Kitchen, Meraki Market Hub, and Vern's Tavern. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Downtown Mixed-Use by the City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown contains mixed- use structures featuring retail, restaurant, service uses, office and residential uses. Mixed- use structures contribute to an active street life and help foster a unique sense of place within Elgin.A variety of uses should be encouraged throughout the Downtown and should be located at or near the sidewalk with parking in the rear. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. The applicant is proposing a planned development as a conditional use to allow for several departures from the site design requirements of the zoning ordinance. The 13,823-square foot property is less than two acres,which is necessary to establish a Planned Development District. The proposed conditional use for a planned development would allow for the adaptive reuse of the existing vacant portion of the building into five residential units.The proposed units are smaller than that required by the zoning ordinance, but are similar to other recent residential units approved in the downtown area including the Elgin Tower Building,Fox River Crossing,the former Gasthaus on Grove Avenue,and Courtyard at 40 (40 DuPage Street) developments. The requested departure for the arch - 11 - Recommendation & Findings of Fact Petition 15-23 September 11,2023 over the access driveway will give a unique feature to the property to commemorate the addition of new units and will serve as a branding element for the building. The project represents a desirable adaptive reuse of an existing underutilized building that would have a positive effect on the surrounding properties. J. 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 preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The proposal consists of primarily interior renovations to the existing building. The subject property is entirely improved with buildings and impervious areas with no natural features. K. 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 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 properties. The proposed adaptive reuse of the vacant,rear portion of the existing building into five residential units represents a desirable use that is compatible with all surrounding properties. The existing building already includes seven residential units in the four-story portion of the building facing DuPage Street. The proposal consists of largely interior renovation of the existing building to accommodate the new units. No evidence has been submitted or found that the proposed development would exercise undue detrimental impact on surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of the zoning ordinance: 1. Section 19.35.535, "Site Design". The minimum required floor area for upper-level dwellings is as follows: 1-BD units: 850 sq. ft. min. 2-BD units: 1,100 sq. ft. min. The applicant is proposing dwellings with the following floor areas: 1-BD units: 645-700 sq. ft. - 12 - Recommendation & Findings of Fact Petition 15-23 September 11,2023 2-BD units: 970-975 sq. ft. 2. Sections 19.35.530, "Land Use". Dwelling units are only allowed on upper-levels of a building. The applicant is proposing one dwelling unit on the ground floor. 3. Section 19.50.070, "Monument Graphics". The subject property is permitted one, 10- foot-high and 40-square-foot monument graphic.The applicant is proposing one arch with signage and maximum height of 15.5 feet. Staff finds the proposed departures are appropriate and necessary for a desirable adaptive reuse of an existing underutilized building. Adding residential units within the traditional downtown area represents one of the most important city goals outlined within the 2005 and 2018 Comprehensive Plans. Residential use in the downtown area contributes to the vibrancy of the downtown and increases the customer base for downtown businesses. The proposed dwelling units, while smaller than the minimums required are of a comparable size to those found within other downtown residential developments, including the Tower Building, Fox River Crossing, the upper-level dwellings above former Gasthaus restaurant on Grove Avenue, and Courtyard at 40, and are consistent in size to the current market trend. The proposal would also result in the restoration of a downtown building which dates back to 1890. Revitalization of such buildings will further continue the revitalization of the downtown business district. The building is located in the Downtown Elgin Commercial National Register Historic District. The applicant plans to retain as many original features of the building as possible. The addition of the arch over the access driveway will provide a new branding element for the building and further enhance the character of the downtown area. STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings.The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 13,823-square foot property is improved with an approximately 15,795-square foot commercial and residential mixed-use building which covers the majority of the site. The remainder of the property is the access driveway from DuPage Street to the existing enclosed parking garage located in the rear of the ground floor. Except for the subject approximately 5,000-square foot portion of the building, the remainder of the building is fully occupied with a variety of commercial and residential units.The proposed adaptive reuse of the vacant portion of the building into five residential - 13 - Recommendation & Findings of Fact Petition 15-23 September 11,2023 units includes primarily interior renovation. The exterior changes include new windows, which would match the existing windows in style and color, and a new entrance arch of the driveway leading to the building entrance. No existing site features including topography,watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is proposing to install a new 8-inch water main to provide the water services for the new units, and for the required fire sprinkler system as the building will be fully sprinidered as required by the Fire Code.The city sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use 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 conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.The property has frontage along DuPage Street with an access driveway leading to the ground floor parking garage in the rear of the commercial building. On the north side, the property has frontage along a City alley but no vehicular access. Pedestrian access exists on DuPage Street on the south and from Ziegler Court on the west, a former railroad right-of-way that is currently owned by the building owners west of Ziegler Court. The applicant is proposing primarily interior renovation of the existing building. Exterior improvements include the construction of a new arch over the driveway leading to the ground-floor garage,which also leads to the building entrance. The archway will not have any negative impact on the existing vehicular access to the ground floor garage. The proposed use will not have any negative effect on the existing traffic circulation in the downtown area. All uses in the CC 1 district are not required to provide any parking spaces. As such, there is no regulatory parking requirement for the proposed residential units. The residents will have access to all downtown city-owned parking facilities, including the Fulton Street parking deck located one block to the south. The building includes a ground floor garage with seven parking spaces which are currently leased. However, when the current lease runs out in 2024, the applicant plans to offer the on-site parking spaces to the residents of the proposed units. - 14- Recommendation & Findings of Fact Petition 15-23 September 11,2023 D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings. The subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance.Adding residential units within the traditional downtown area represents one of the most important city goals outlined within the 2005 and 2018 Comprehensive Plans. Residential use in the downtown area contributes to the vibrancy of the downtown and increases the customer base for downtown businesses. The existing building already has seven residential units. There would be no impact to the existing commercial storefronts facing Ziegler Court and DuPage Street. The proposal consists of primarily interior renovation. The applicant is proposing to install a new arch with signage over the access driveway leading to the front entrance of the building. The arch will enhance the branding of the building without any impact on the existing access. The arch will also have a positive effect on the existing downtown character. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. The property is, however,part of the Downtown Elgin Commercial National Register Historic District. While no City or State regulations are associated with this designation, the proposed exterior improvements are minor and consist of the addition of new windows. All new windows will match the existing windows in color and style with the same number of window grills. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 15-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Raul Negron/Extreme Remodeling Co, as applicant, and ZiePage Holdings, LLC., as property owner,received May 16, 2023, and supporting documents including: a. Undated document titled: The Mix on DuPage 210-214 DuPage St Redevelopment Statement of Purpose&Conformance, received August 25,2023; - 15 - Recommendation & Findings of Fact Petition 15-23 September 11,2023 b. Undated document titled: The Mix on DuPage Owner-Operators: ZiePage Holdings, LLC,received August 25, 2023; c. Undated window specifications for Legends Clad Series Aluminum Clad Wood Windows, by TrimLine Windows Incorporated, received August 25, 2023, with such further revisions as required by the Community Development Director; d. Plat of Survey,prepared by Luco Construction Co. dated September 25,2007; and e. Architectural plan set titled: ZiePage Holdings LLC 212-214 DuPage St. Elgin, IL, prepared by Lev Consulting Services, dated January 11, 2023, last revised August 25, 2023,with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of residential dwellings with the following floor areas: one-bedroom units with the minimum 645 square feet of floor area, and two-bedroom units with the minimum 970 square feet of floor area. 3. The ground floor of the building on the Subject Property may include up to one(1)dwelling unit and the principal use of the building shall be a"Dwelling,Apartment"[SR]as defined within Section 19.90.015 "Definitions and Regulations",notwithstanding the provisions of Section 19.35.530 "Land Use" and notwithstanding the definition of"Dwelling, Upper Floor Apartment" [SR]within Section 19.90.015 "Definitions and Regulations". 4. A departure is hereby granted to allow the construction of an entrance arch with signage over the access driveway to DuPage Street with the maximum permitted height of 15.5 feet. 5. All new windows proposed shall be wood windows with aluminum covers, color black or dark bronze, with the number of window grills matching the number of window grills on the existing windows on the south elevation of the four-story portion of the building on the Subject Property. The window grilles shall be"Simulated Divided Lites with Spacer Bar". 6. The location and final design with signage of the proposed arch over the access driveway to DuPage Street shall be approved by the Community Development Director. 7. The application, review and approval of the conditional use for a planned development authorized by this ordinance providing for the adaptive reuse of the four-story portion of the existing building on the subject Property as a Dwelling, Apartment [SR] with a maximum of five (5) dwelling units is hereby granted further departures from any other conflicting regulations in Section 19.35.535 "Site Design", from an other conflicting regulations in Chapter 19.60"Planned Developments"and from any such other conflicting Provisions in Title 19 of the Elgin Municipal Code, "Zoning". - 16- Recommendation & Findings of Fact Petition 15-23 September 11,2023 8. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was four(4)yes, one(1) no, and zero (0)abstentions. Two members were absent. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 17 - 3I •�I I I� J •• I I . t;,. • Division`St ... ,. . ,f,, r 4 it i% i 'R . u _. ■■ +....,40 MD 11,.w.fM. .7.1.7,,, .', 4 4 ii. 1,,. pingonT Highland Ave • 1 0 - • . r :_ 11, roil '1 imiliiii, fr. \ • 1•j rira�M�a�► ' r' E .I ibir 4 lci ' e 111:61,v\j' : - P: '' I " 1 . _Y�w.. Subject Property _ _ _ar IAN Petition 15-23 -` .-'!; Chicago St - -� '---1 . 7"' 711110F ....• , i r ipi ' -: ti ri il !. fi I - r/ I. 1# -.. °',,, • 11116mw ,-. .,.', .1' ' , .'4''' - - — , . r , _, ...a._,-- .26 i 1 0 . . 4.:, lia-1 0,- \ ,.'r ram : .,, ' J ,. i I .7-71 - '--t. 1 4"•,'L' - . \ ij ' ' Itka...__A / ¢ - �L -:) ' DuPage Ct • DuPage St ° V-;:.� ma r< lip 1\,,.., , , . „,‘, 0 '4‘., IIII P. ‘. ‘11111:::- :I, ii' ,, . , r 44 ".7 ',...1 I i Lt..4 40A".-T..".I.jii—P=1 1 1 gi LI /11.41111L1 . '.., 0 ' " ' 1.% , , ..,.. ? 1‘' \ '' 1 , , Y �, s vi • r'. IsiV.--- .. t 4:4 A WI - . . it d',..4 - -,.," I I imp, oi•• ('`•''' itc''''', . . .„. ..,vp, - .,,,. Prairie St 11111 EXHIBIT Aerial/Location Map N L YS 0 Map prepared by City of Elgin 0 40 so 160 240 32Feet Department of Community Development Dexter Ct Dexter Ave ..,. RC3_ @Y C� �•• Division St o•• G 0. Highland Ave Subject Property / . Petition 15-23St lik L n .A to Ow L 0 lit 00 A Chicago St O 6S Legend ail ORC1 Residence Conservation 1 DuPage Ct DuPage St QRC2 Residence Conservation 2 QRC3 Residence Conservation 3 I • QPRC Planned Residence Conservation �j A OSFR1 Single Family Residence 1 Q PSFR1 Planned Single Family Residence f N f QSFR2 Single Family Residence 2 QPSFR2 Planned Single Family Residence. O TRF Two Family Residence Fulton St OPTRF Planned Two Family Residence OMFR Multiple Family Residence OPMFR Planned Multiple Family Residence RC3 ORB Residence Business Q PRB Planned Residential Business • P QNB Neighborhood Business 1 \GC OPNB Planned Neighborhood Business -AB Area Business ' -PAB Planned Area Business Prairie St -CC1 Center City 1 n MI CC2 Center City 2 CF,: PCC EN PCC Planned Center City • - • i .A 111.1 ORI Office Research Industrial ri` •-PORI Planned Office Research Industrial Q �^ • 131 GI General Industrial • �` �ore ®PGI Planned General Industrial ' ... 9 0i Cl Commercial Industrial 0 fw 4 N CF Community Facility - �Q ®PCF Planned Community Facility S. EXHIBITS Zoning Map N W+E S Map prepared by City of Elgin 0 60 120 240 360 480 Department of Community Development Feet Subject Property 210-214 DuPage St. Petition 15-23 tn C y4 0613302014 DuPage Ct DuPage St EXHBIIT C Parcel Map N City of Elgin o 10 20 40 60 80 Department of Community Development Feet EXHIBIT D SITE LOCATION 210-214 DuPage Street and 15-19 Ziegler Court Petition 15-23 — A \ 201 203_205-f2U7T 209-211 213-215 217 227 225 ¢ 201i203205205�112 209 •. . • I "•215 '217 223 225 227 11F .° 1 `205 213 1/2 >: , 225 227 , ! I. r e 223 227 7"eit 1 1 • 223 227227 , �.F � - . r '+ f 223 --• . . 227 F 5 I r tll r 7. Ei 9 E ilk � rr � J in Sub ect Pro serf . 113 F Subject 4-story 2O w I : * _ -- portion for adaptive if 2022 =••womm� reuse into 5 a " '" residential units 1V r, o CIDIll 15 112allik 1 ow .v.. la C cel ° Commercial , .,� ,� +ri. portion of the ; '" ��• building 17 :r '7� 19 I' 214 404040ij _ 19 •'" i - r:,•I xl% 214 1 220 F "a 20 er: 2 t�2212 g 4' fj ° Q' i . 21' : � _ 1 { 4214p . sidential portion 40 2 _2oa- ' 212 ' of the buildin• `. -, DuPage St ,., Area Map 1 EXHIBIT D SITE LOCATION 210-214 DuPage Street and 15-19 Ziegler Court !! Petition 15-23 - Et 1 j • f i I t' Yrd.i� i r ,r'. tr I . ,. r- Sub ect buildin• ^f r w n - . . . ._ ;11.•' illik. '-'. i • IS ' * ,,,r - 3. Tr / � _ , r Eg o wow H■ moil J''� • tl.. ■■ ., - aaw uhw 1 - t i.i, s r,. 4 44 soli wow w■■ N■ ` •,. `, ` A.\ II r) C - . . . . Du page Street Ilk J r. _ `"A f:A g 9& 7 Tecihno ogy Cop i'ati. Bird's eye view looking north t } tffillfilliRIiLSab ect buildin• -;�■dyy • i► t>'mma _ illeill- Ill. r` �`; .III1Fp: • r ` Si I 1 ' , 1 - t+ .i i. 0 lay"�.•. `, . • r �L' ♦;-+ . dee ,,.."7 "‘ . I. k ' . v ..1.. ti, ....._.--- 0' , ' , ... 1. x . 1111- 1 ' . 4 —•..■■ w n.. _ w . . North Spring Street .__ Z . , . .. .t R ! + Jlr4- - air "'lr ...'.y'� 1 t.. �, ` •cm. g Street - ' -- � � — r All ' �•• a�- ' .i♦ :� r �. ce.Ir rr � J_ r. Bird's eye view looking east EXHIBIT D SITE LOCATION 210-214 DuPage Street and 15-19 Ziegler Court Petition 15-23 4 y • -------.. ' 4 491 I , t Oi 1 '• ie 1 A _ > '! +' 'ram-176 .4. • Wes47 '.. 7 m ti t x .��� lies . A View of the property Vfrom Ziegler Court r r % ! I y V. 'aM \ \ Ili!!4 VIA It'd - -y ' ',t , ill PI -- I' /i 4, 11 8,4 The alley north of the , „4_ , . ' ni., , ,., property EXHIBIT D SITE LOCATION 210-214 DuPage Street and 15-19 Ziegler Court Petition 15-23 /7: l 0 1 Jr'' _ Til'il"11;II -:- - 1:-•--. l'.7.11.'.4' r fet i . el NMI SM:- liiiii" L E, _ . i _ t..... .... _. ,.,. , v. .0-., ._ kilfr--,7,,,' - t kli1/41. ---:1 -1.1-4 ;: I 4 , - ., .. , _ - . . ,. .. _ View of the property from DuPage Street EXHIBIT D SITE LOCATION ,406fr 210-214 DuPage Street and 15-19 Ziegler Court ,00.0 Petition 15-23 \\---\ / - ,i .. 0 / ,, rIkr { ti • 1r��' l • 'i . • w _ __ter 111 it. *.. . talilliii ' . '-..!It-kir Thimit.--... 1.... imt........-040 ' -- Ill f i , 'li . - . I1K114 • Iiii. •. View of the entrance into the 4-story portion of the building EXHIBIT D SITE LOCATION 210-214 DuPage Street and 15-19 Ziegler Court Petition 15-23 04. opp ,..,, g . ;,,,, , ,,,,,.. ! r Ai I 1, 1 _ a. : . . , , ,, ‘ ! ( 1 . - • , t .... . :skir!.........p. r" Pirr II...":1:1- - ' - ..,:. -- J ' al ---477 , , /71 . pi . , 11."' s • r' • View of the east side of the subject property