HomeMy WebLinkAboutG15-19 Ordinance No. G15-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC2
CENTER CITY DISTRICT AND TO PERMIT CERTAIN DEPARTURES
FROM THE ELGIN ZONING ORDINANCE
(160 Symphony Way)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to construct two residential units on the walk-up first floor with gross floor
areas less than the minimum required at 160 Symphony Way; and
WHEREAS, the zoning lot with the building containing the premises at 160 Symphony
Way is legally described herein(the "Subject Property"); and
WHEREAS, the proposed renovation of the walk-up first floor of the Subject Property
provides for the adaptive reuse of a portion of an existing building; and
WHEREAS, the Subject Property is located within the CC2 Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on March 4, 2019, 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
in the CC2 Center City 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 March 4, 2019, 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 to allow two residential
units on the walk-up first floor,and adaptive reuse as a Dwelling,Apartment [SR] is hereby granted
for the property commonly known as 160 Symphony Way,which is part of the property commonly
identified by Kane County Property Index Number 06-14-242-011-0000,and legally described as
follows:
THE EAST 29.5 FEET OF THE NORTH 87 FEET OF THE SOUTH 92 FEET OF LOT
2 AND THE WEST 32 FEET OF THE NORTH 87 FEET OF THE SOUTH 92 FEET OF
LOT 3 OF P.J. KIMBALL, JR'S SECOND ADDITION TO ELGIN, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
(commonly known as 158-160 Symphony Way).
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 M C Realty
XXXII, Inc., as applicant and property owner, received February 7, 2019, and
supporting documents including:
a. Undated Statement of Purpose and Conformance, prepared by Joe Keavy, Drost
Kivlahan McMahon& O'Connor, LLC, received February 7, 2019;
b. Plat of Survey, prepared by Land Surveying Services, Inc., dated August 8, 2008;
c. Existing Floor Plan,Sheet A101,prepared by CD Group,dated December 21,2018,
last revised January 2,2019,with such further revisions as required by the Director
of Community Development; and
d. Proposed Floor Plan, Sheet A102,prepared by CD Group, dated January 15, 2019,
with such further revisions as required by the Director of Community Development.
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. The conditional use granted by this ordinance is limited to the building commonly
known as 160 Symphony Way.
3. A departure from the minimum gross floor area requirement is hereby granted to allow
the establishment of two dwelling units, with two bedrooms in each dwelling unit, on
the first floor of the Subject Property with a gross floor area of 1,073 square feet per
dwelling unit.
4. Compliance with all applicable codes and ordinances.
2
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
, ,.!AC. _
David J. Ka. in, .yor
Presented: April 24, 2019
Passed: April 24, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: April 24, 2019
Published: April 26, 2019
Atte t: b6(Al 01'
iM
if
Kimberly Dewi ity Clerk
invii3
ATTACHMENT A
March 4, 2019
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 07-19, an application by
M C Realty XXXII, Inc., as applicant and property owner, requesting approval of a planned
development as a conditional use with a departure from Section 19.35.735 of the Elgin Municipal
Code, "Site Design", specifically to reduce the minimum floor area for first floor dwellings to
establish two residential units on the first floor, and to convert the existing walk-up, three-story
mixed-use building into an"apartment dwelling"as defined by the Elgin Zoning Ordinance, at the
property commonly referred to as 158-160 Symphony Way. The property is located in downtown
Elgin and is zoned CC2 Center City District.
GENERAL INFORMATION
Petition Number: 07-19
Property Location: 158-160 Symphony Way
Requested Action: Planned Development as a Conditional Use
Current Zoning: CC2 Center City District
Proposed Zoning: No change. CC2 Center City District
Existing Use: Three-story mixed-use building,and one-story commercial building
Proposed Use: Three-story apartment dwelling,and one-story commercial building
Applicant: M C Realty XXXII, Inc.
Owner M C Realty XXXII, Inc
Staff Coordinators: Damir Latinovic, AICP, Senior Planner
Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
M C Realty XXXII, Inc., as applicant and property owner, is requesting approval of a planned
development as a conditional use with a departure from Section 19.35.735 of the Elgin Municipal
Code, "Site Design", specifically to reduce the minimum floor area for first floor dwellings to
establish two residential units on the first floor, and to convert the existing walk-up, three-story
mixed-use building into an"apartment dwelling"as defined by the Elgin Zoning Ordinance, at the
property commonly referred to as 158-160 Symphony Way. The property is located in downtown
Elgin and is zoned CC2 Center City District.
The 5,350-square foot subject property is improved with a one-story commercial building (158
Symphony Way) currently occupied by Afterset bar, and a three-story, mixed-use building (the
Ramsey Building constructed around 1905)at 160 Symphony Way. The walk-up, first floor of the
Ramsey Building is vacant office space while the second and third floors include two 2-bedroom
residential units each.
The property is located across the street from the City of Elgin Police Station, zoned CC 1 Center
City District. The city-owned surface parking lot, with 45 parking spaces, is located adjacent to
the west and to the north, and is zoned CC2 Center City District. A city parking garage is located
catty-corner from this surface parking lot, zoned CF Community Facility. The property adjacent
to the east, also zoned CC2 Center City District, is improved with a three-story building home to
The Height commercial event rental facility.
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Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
r - I_ , 1 Proposal
_ The applicant is proposing to
-:1 , _ I renovate the walk-up first floor of
`-- - the building to create two residential
1 rri� _l dwelling units. Each 2-bedroom unit
I • — 1 —11 — -7 1._. would be 1,073-square feet in area
_, I -`I 1.•• I which is less than the minimum
I i required 1,100 square feet of floor
I area for a 2-bedroom residential unit
�. u i l: �` °.- '' . (see Table 1 on the next page). The
��` proposed units would have a similar
Li""
-- • layout as the existing 2-bedroom
��
1 X -:. �'- _p units on the second and third floors
r�:` _ of the building. Each unit would
6 w.. have two bathrooms, in-unit washer
r 1' �. _"'�- and dryers, and access to a covered
F II-, Y. porch in rear of the building. The
I proposed market rate units are larger
I
I
than the 2-bedroom units at the
.., -- .1 .. Tower Building, which range from
732 to 879 square feet in area, and
Figure 2.Proposed basement and first-floor plans.
the recently approved second floor 2-bedroom units above former Gasthaus restaurant, which
range from 678-728 square feet in area.
Table 1.Detail of Departure for the Proposed First-Floor Residential Units
Min. Required Proposed
Building Gross Floor Area Gross Floor Area
160 Symphony 1,100 sq. ft. for 2-bedroom units 1,073 sq. ft. for 2-bedroom units
Way
The basement area would be renovated to include resident amenities, including high speed wifi
access, conference room, multiple work stations, meeting lounge space, and storage lockers. The
applicant is not proposing any changes to the exterior of the building or to the existing Afterset.
Per the zoning ordinance, CC2-zoned properties located within 800 feet of a city-owned parking
facility are not required to provide on-site parking, if parking spaces cannot be
provided/constructed on site. A city-owned surface parking lot with 45 parking spaces is located
adjacent to the west, and a city parking garage is located catty-corner from this lot. While an
existing 8-foot wide driveway exists west of the Afterset building with access to the rear of the
property, it only serves as access to the refuse enclosure located in rear of the buildings. The two
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Recommendation& Findings of Fact
Petition 07-19
March 4, 2019
existing buildings on the property occupy approximately 3,591 square feet of the 5,350-square foot
property(67%)and no code-compliant parking spaces can be constructed.Therefore,the property
and the two new units are not required to provide any on-site parking.
The Community Development Department offers the following additional information:
A. Property History. The property was zoned D Commercial in the City's first zoning
ordinance in 1927. In 1962, the property was rezoned to B3 Service Business District. In
1992, the property was rezoned to CC2 Center City District as part of the comprehensive
amendment to the zoning ordinance.
The Ramsey Building was constructed around 1905. In 2000, the City approved the
conversion of the second and third floors of the building into residential units (two units
on each floor) by Ordinance No. G13-00. The walk-up first floor has been used as office
space,but has been vacant since at least 2010.
B. Surrounding Land Use and Zoning. The property is located across the street from the
City of Elgin Police Station, zoned CC1 Center City District. The city-owned surface
parking lot,with 45 parking spaces, is located adjacent to the west and to the north, and is
zoned CC2 Center City District. A city parking garage is located catty-corner from this
surface parking lot, zoned CF Community Facility. The property adjacent to the east, also
zoned CC2 Center City District, is improved with a three-story building home to The
Haight wedding and event facility.
C. Comprehensive Plan. The subject property is designated as Multi-family by the City's
2018 Comprehensive Plan. Multi-family development consists of structures that have
multiple dwelling units that are stacked vertically and feature common entrances,
stairways,and amenities. Similar to single-family attached development,there are a variety
of multi-family residential developments throughout the City including apartments,
condominiums and senior housing.Multi-family development should be encouraged along
major corridors where it can serve as a buffer between commercial areas and single-family
neighborhoods. As with single-family attached development, properties in and around
Downtown Elgin should also be targeted for multi-family development where residents are
in proximity to numerous community amenities. Multi-family infill of appropriate scale
and character should be encouraged while the conversion of single-family homes to multi-
family structures should be discouraged. Densities should range from 8 to 140 du/ac.New
development exceeding 60 dwelling units to the acre should be within or immediately
adjacent to the Downtown Mixed-Use area identified on the Residential Areas Framework
Plan and/or at rail stations. Notwithstanding this suggested range, existing multi-family
developments should proceed cautiously when considering increasing the existing density.
Minimally, factors to consider when evaluating such a proposal include the context and
character of the site and surrounding development pattern,availability of parking and mass
transit, existing natural resources and open space, and appropriate accommodations for
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Recommendation& Findings of Fact
Petition 07-19
March 4, 2019
stormwater.
D. Zoning District. The purpose and intent of the CC2 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 CC2 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. The development standards are intended to promote a
transition between the more intense development in the CC 1 zoning district and the
residential neighborhoods surrounding the center city.
E. Trend of Development. The subject property is located on the outskirts of the traditional
downtown area that has historically been developed with a mix of commercial, retail,
service, restaurants, and residential uses. Per the comprehensive plan, the CC2-zoned
properties serve as a transitional area between the downtown core and single-family
residential neighborhoods surrounding the downtown. Staff anticipates future development
in the immediate area will be multi-family residential development and commercial uses
that do not rely on close proximity to retail uses more commonly found in the traditional
core of the downtown. Most recent development/new use in the immediate area of the
subject property has been the opening of The Height commercial event rental facility,
which is located adjacent to the east.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 07-19 on March 4,2019.Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
Development Application Review and Written Findings & Recommendation to the Planning &
Zoning Commission dated march 4,2019.
The Community Development Department and the Planning & 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.
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Recommendation& Findings of Fact
Petition 07-19
March 4, 2019
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 5,350-square foot property is improved with a
one-story commercial building, and a three-story, walk-up, mixed-use building. The
buildings occupy a majority of the site (67%), and the applicant is not proposing any site
changes or any changes to the exterior of the building. No existing site features including
topography, watercourses,vegetation, and property improvements exist that would have a
negative impact on the proposed interior renovation of the first floor of the three-story
building to include two residential units.
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 property is currently served by municipal water, sanitary sewer, and
stormwater systems. The applicant is not proposing any changes to the existing sewer and
water utilities. The existing 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 Symphony Way.
An eight-foot wide driveway is located along the west side of the one-story commercial
building providing access to a small vehicle use area in rear of the building. The driveway
provides access to the refuse enclosure located in the rear yard,and provides for temporary
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Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
parking for deliveries to the bar or the three-story building. On-site parking is not available.
The proposed use will not have any negative effect on the existing traffic circulation in the
downtown area.
Per the zoning ordinance, CC2-zoned properties located within 800 feet of a city-owned
parking facility are not required to provide on-site parking, if parking spaces cannot be
provided/constructed on site. A city-owned surface parking lot with 45 parking spaces is
located adjacent to the west,and a city parking garage is located catty-corner from this lot.
While an existing 8-foot wide driveway exists west of the Afterset building with access to
the rear of the property, it only serves as access to the refuse enclosure located in rear of
the buildings.No code-compliant parking spaces can be constructed on site.Therefore,the
property and the two new units are not required to provide any on-site parking.
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.
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 D Commercial in the City's first zoning ordinance in 1927.
In 1962, the property was rezoned to B3 Service Business District. In 1992, the property
was rezoned to CC2 Center City District as part of the comprehensive amendment to the
zoning ordinance.
The Ramsey Building was constructed around 1905. In 2000, the City approved the
conversion of the second and third floors of the building into residential units (two units
on each floor) by Ordinance No. G13-00. The walk-up first floor has been used as office
space,but has been vacant since at least 2010.
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. The property is
located across the street from the City of Elgin Police Station, zoned CC1 Center City
District.The city-owned surface parking lot,with 45 parking spaces, is located adjacent to
the west and to the north, and is zoned CC2 Center City District. A city parking garage is
located catty-corner from this surface parking lot, zoned CF Community Facility. The
property adjacent to the east,also zoned CC2 Center City District,is improved with a three-
story building home to The Haight wedding and event facility.
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Recommendation& Findings of Fact
Petition 07-19
March 4,2019
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 on the outskirts of the traditional
downtown area that has historically been developed with a mix of commercial, retail,
service, restaurants, and residential uses. Per the comprehensive plan, the CC2-zoned
properties serve as a transitional area between the downtown core and single-family
residential neighborhoods surrounding the downtown.Staff anticipates future development
in the immediate area will be multi-family residential development and commercial uses
that do not rely on close proximity to the retail uses more commonly found in the traditional
core of the downtown. Most recent development/new use in the immediate area of the
subject property has been the opening of The Haight wedding and event facility, which is
located adjacent to the east.
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 Multi-family by the City's 2018 Comprehensive
Plan. Multi-family development consists of structures that have multiple dwelling units
that are stacked vertically and feature common entrances,stairways,and amenities. Similar
to single-family attached development, there are a variety of multi-family residential
developments throughout the City including apartments, condominiums and senior
housing. Multi-family development should be encouraged along major corridors where it
can serve as a buffer between commercial areas and single-family neighborhoods.As with
single-family attached development,properties in and around Downtown Elgin should also
be targeted for multi-family development where residents are in proximity to numerous
community amenities. Multi-family infill of appropriate scale and character should be
encouraged while the conversion of single-family homes to multi-family structures should
be discouraged. Densities should range from 8 to 140 du/ac.New development exceeding
60 dwelling units to the acre should be within or immediately adjacent to the Downtown
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Recommendation& Findings of Fact
Petition 07-19
March 4,2019
Mixed-Use area identified on the Residential Areas Framework Plan and/or at rail stations.
Notwithstanding this suggested range, existing multi-family developments should proceed
cautiously when considering increasing the existing density.Minimally,factors to consider
when evaluating such a proposal include the context and character of the site and
surrounding development pattern, availability of parking and mass transit, existing natural
resources and open space, and appropriate accommodations for stormwater.
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
construct two new residential units on the walk-up first floor, which have less than the
minimum required gross floor area within CC2 District. The 5,350-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 realize a desirable renovation
of the long-vacant, first floor of the building that would otherwise not be possible. The
proposal would establish an apartment dwelling with two more dwelling units, bringing
the total unit count to six,which contributes to the revival of the traditional downtown area.
The proposed project represents a desirable restoration of a portion of the buildings 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 property is located on the edge of the
traditional downtown area. The two buildings occupy a majority of the property (67% of
the lot area) with a small vehicle use area in rear of the buildings covering the remainder
of the property. No existing site features including topography, watercourses, and
vegetation exist that would have a negative impact on the proposed restoration of the first
floor of the three-story building to include two residential units.
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,
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Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
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 development consists of the renovation of the walk-up, first floor
of the three-story Ramsey Building to include two residential units, and the renovation of
the basement to include resident amenities. Four other residential units already existing on
second and third floors (two units on each floor). Residential uses within close proximity
of the traditional downtown area provide needed customers and contribute to downtown
activity. Similar to other dwelling units in the immediate area, the proposed residential use
will operate with no negative impact on the surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departure from the requirements of the zoning ordinance:
1. Sections 19.35.735, "Site Design". The minimum required gross floor area for dwelling
units is 1,100 square feet for 2-bedroom units. The applicant is proposing two 2-bedroom
units with 1,073 square feet of floor area in each unit.
Staff finds the proposed departure is appropriate to achieve a desirable redevelopment of a long-
vacant office space. Adding residential units in and around 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 for all commercial zoning
districts, are larger than most found within the Tower Building and are consistent in size to the
current market trend. The Tower Building contains 44 units with most 1-bedroom units ranging
from 476 to 732 square feet and 2-bedroom units ranging from 732 to 879 square feet(the one, 1-
bedroom unit on the 14th floor is 1,187 square feet).
The proposal would also complete the restoration of The Ramsey Building which began in 2000
when the second and third floors were renovated to include residential units. Revitalization of such
buildings with traditional architecture will further activate the streets, invite additional downtown
businesses, and continue the revitalization of the downtown business district.
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Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
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 5,350-square foot property is improved with a one-story
commercial building, and a three-story walk-up mixed-use building. The buildings occupy
majority of the site(67%). The applicant is not proposing any site changes or any changes
to the exterior of the building. No existing site features including topography,
watercourses, vegetation, and property improvements exist that would have a negative
impact on the proposed interior renovation of the first floor of the three-story building to
include two residential units.
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 property is currently served by municipal water, sanitary sewer, and stormwater
systems. The applicant is not proposing any changes to the existing sewer and water
utilities. The existing 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 Symphony Way. An eight-
foot wide driveway is located along the west side of the one-story commercial building
providing access to a small vehicle use area in rear of the buildings.The driveway provides
access to the refuse enclosure located in the rear yard and provides temporary parking to
allow for deliveries to the restaurant or the three-story building. On-site parking is not
available. The proposed use will not have any negative effect on the existing traffic
circulation in the downtown area.
Per the zoning ordinance, CC2-zoned properties located within 800 feet of a city-owned
parking facility are not required to provide on-site parking, if parking spaces cannot be
provided/constructed on site. A city-owned surface parking lot with 45 parking spaces is
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Recommendation& Findings of Fact
Petition 07-19
March 4, 2019
located adjacent to the west, and a city parking garage is located catty-corner from this lot.
While an existing 8-foot wide driveway exists west of the Afterset building with access to
the rear of the property, it only serves as access to the refuse enclosure located in rear of
the buildings.No code-compliant parking spaces can be constructed on site.Therefore,the
property and the two new units are not required to provide any on-site parking.
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. The applicant is proposing to renovate the walk-up first floor of The
Ramsey Building to include two residential dwelling units. This would complete the
restoration of the building which started in 2000 when the second and third floors of the
building were renovated to include a total of four units. The proposal is consistent with the
residential conversion of several other downtown buildings as called for by the City's 2005
and 2018 Comprehensive Plans. No evidence has been submitted or found that the
proposed use will exercise any detrimental impact on surrounding properties.
The proposal represents a desirable use that will contribute to the diversity of uses and
vibrancy of the traditional downtown area.
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.
Notwithstanding,the applicant is not proposing any changes to the exterior of the building.
RECOMMENDATION
The Community Development Department and the Planning &Zoning Commission recommend
approval of Petition 07-19, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by M C Realty
XXXII, Inc., as applicant and property owner, received February 7, 2019, and supporting
documents including:
- 12 -
Recommendation & Findings of Fact
Petition 07-19
March 4, 2019
a. Undated Statement of Purpose and Conformance, prepared by Joe Keavy, Drost
Kivlahan McMahon & O'Connor, LLC, received February 7, 2019;
b. Plat of Survey, prepared by Land Surveying Services, Inc., dated August 8, 2008;
c. Existing Floor Plan,Sheet A101,prepared by CD Group,dated December 21,2018,
last revised January 2,2019,with such further revisions as required by the Director
of Community Development; and
d. Proposed Floor Plan, Sheet A102,prepared by CD Group, dated January 15, 2019,
with such further revisions as required by the Director of Community Development.
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. The conditional use granted by this ordinance is limited to the building commonly known as
160 Symphony Way.
3. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was four (4) yes, zero (0)
no, and zero (0) abstentions. Two members were absent.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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EXHIBIT Aerial/Location Map N
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Map prepared by City of Elgin 0 25 50 100 150 20 Feet
Department of Community Development
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Legend
ORC1 Residence Conservation 1
ORC2 Residence Conservation 2 Symphony Way
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
O SFR1 Single Family Residence 1
O PSFR1 Planned Single Family Residence 1
SFR2 Single Family Residence 2
PSFR2 Planned Single Family Residence 2
O TRF Two Family Residence
PTRF Planned Two Family Residence
Dexter Ct Dexter Ave
O MFR Multiple Family Residence
OPMFR Planned Multiple Family Residence
ORB Residence Business
PRB Planned Residential Business
ONB Neighborhood Business
PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
CC1 Center City 1
CC2 Center City 2 Division St
-PCC Planned Center City
ORI Office Research Industrial of
-PORI Planned Office Research Industrial
-GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industrial Highland Ave
CF Community Facility
PCF Planned Community Facility
EXHIBIT B
Zoning Map
W a,_E
Map prepared by City of Elgin 0 50 100 200 300 400
Feet
Department of Community Development
Subject Property
158-160 Symphony Way
Petition 07-19
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Symphony Way
EXHIBIT C Parcel Map
City of Elgin o 10 20 40 60 80
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
158-160 Symphony Way
Petition 07-19
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EXHIBIT D
SITE LOCATION
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Petition 07-19
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EXHIBIT D
SITE LOCATION
158-160 Symphony Way
Petition 07-19
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