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HomeMy WebLinkAboutG50-03 rb. Ordinance No. G50-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A MULTIPLE FAMILY RESIDENCE IN THE CC1 CENTER CITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (18 VILLA COURT) WHEREAS, written application has been made for a conditional use for a planned development which will permit the establishment of multiple family residences in the CC1 Center City District and the ARC Arterial Road Corridor Overlay District at 18 Villa Court; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval ; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 May 7, 2003 , made by the Zoning and Subdivision Hearing Board, 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 which will allow for the establishment of multiple family residences within the CC1 Center City District and the ARC Arterial Road Corridor Overlay District at 18 Villa Court and legally described as follows : PARCEL ONE : THAT PART OF LOTS 8, 9, AND 10 IN BLOCK 11 OF THE ORIGINAL TOWN OF ELGIN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WEST ON THE SOUTH LINE OF SAID LOT 8, 25 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT, 96 FEET, THENCE EAST AND PARALLEL WITH SAID SOUTH LINE 3 FEET; THENCE NORTH AND PARALLEL WITH SAID EAST LINE TO THE SOUTH LINE OF THE ALLEY AS ESTABLISHED BY CONDEMNATION SUIT IN THE COUNTY COURT OF KANE COUNTY, ILLINOIS (CASE NUMBER 2367) ON OCTOBER 15, 1915; THENCE EAST ALONG THE SOUTH LINE OF SAID ALLEY TO THE EAST LINE OF SAID LOT 10 , THENCE SOUTH ON THE EAST LINE OF SAID LOT 10 TO THE SOUTHEAST CORNER THEREOF; THENCE WEST few ALONG THE SOUTH LINE OF LOTS 10 AND 9 TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 18 VILLA COURT) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose and Conformance, prepared by Patrick Sakolari, dated February 4 , 2003 . 2 . Substantial conformance to the Site Plan, prepared by William M. Brown, and Associates, and dated February 4 , 2003 . 3 . Substantial conformance to the Church Row Luxury Residences development binder, submitted by Patrick Sakolari, and dated February 4 , 2003 . 4 . Compliance with all applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: June 25, 2003 Passed: June 25, 2003 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: June 26, 2003 Published: Attest : /M Dolonna Mecum, City Clerk r May 7, 2003 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 06-03 Requesting a Conditional Use for a Planned Development in the CC1 Center City District and the ARC Arterial Road Corridor District;Property Located at 18 Villa Court by Patrick Sakolari, as Applicant, and V.S. Properties, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Building Property Location: 18 Villa Court Applicant: Patrick Sakolari Owner: V.S. Properties Staff Coordinator: Todd Wyatt,Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) G. Site Plan (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 H. Development Plan Binder (see attached) I. Draft Conditional Use Ordinance (see attached) J. Correspondence (see attached) BACKGROUND An application has been filed by Patrick Sakolari requesting a conditional use for a planned development in the CC1 Center City District and the ARC Arterial Road Corridor District. The subject property is located at 18 Villa Court(reference Exhibits A,B, C,D, and E). The applicant proposes to renovate the existing building and establish nine (9)upscale residential units, ranging in size from a minimum of 1,200 square feet to approximately 1,700 square feet of floor area per unit.Additionally,the applicant is proposing to renovate portions of the exterior of the building and to improve the condition of the parking lot(reference Exhibits F, G, H, I, and J). r The zoning ordinance prohibits residential use on the first floor of a building but allows upper floor residential use as a conditional use in the CC 1 Center City District.Planned development approval is required if the building is to be renovated into a multiple family residence. This petition was scheduled to be considered to the regular meetings of March 5 and March 17, 2003. However, the applicant was in the process of making final revisions to the plans and had requested additional time to complete the revisions. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 06-03 on May 7, 2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present at the public hearing. Written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated April 28, 2003. The Zoning and Subdivision Hearing Board has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development, with respect to its size, shape and any existing improvements. r 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing 18,584 square feet of land, and is currently developed with a commercial building and a parking lot.Topography on the site ranges from a high point of 740 feet at the eastern portion to a low of 730 feet at the western portion of the site,for a maximum relief of 10 feet.There are no significant natural features located on the site. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings: The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property will be served with municipal water and sanitary sewer service. The proposed residential use will generate less demand on the sanitary sewer system than the previous assembly use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 proposed planned development with respect to the traffic and parking standard. The subject property is located at the northwest corner of the intersection of Villa Court and DuPage Street. Villa Court is part of the Dundee Avenue/Center StreetNilla Street arterial roadway system which serves the east side of Elgin.DuPage Street is a collector street which serves the downtown and surrounding residential neighborhood. A one-way point of access is being proposed from DuPage Street to serve the on-site parking lot,which contains 17 parking spaces,nine(9)of which are contained in an indoor parking lot. Traffic leaving the site will exit into the existing adjoining alley. Off street parking is being provided in conformance with the zoning ordinance. D. Zoning History Standard.The suitability of the subject property for the proposed planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 Findings: The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: E Commercial 1950: D Commercial 1960: D Commercial 1962: D Commercial 1992: B2 Central Business District Present: CC1 Center City District ARC Arterial Road Corridor Overlay District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings: The subject property is suitable for the proposed planned development with respect to the surrounding land use and zoning standard. The properties to the north, south, and west of the subject property are zoned CC1 Center City District, and are developed with residential and commercial uses. The properties located to the east of the subject property are zoned CC2 Center City,and are developed with a parking lot and a vacant church. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. The subject property is located on the edge of the central downtown in an area that has experienced some redevelopment in the last 10 years, including a mix of commercial, entertainment, and residential uses. G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. 4 • Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 The purpose of the CCl Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive sub area of the city with a common urban fabric. The CCl zoning district features more permissive site design regulations than the CC2 Center City District,but land use regulations that are more restrictive. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The proposed multiple family residential development will provide a unique opportunity to introduce dwelling units at the edge of the downtown.The introduction of upscale dwelling units is consistent with the city's ongoing revitalization efforts in the downtown. H. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent of planned developments. 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. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives,policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development. 5 Findings of Fact Zoning and Subdivision Hearing Board r.► Petition 06-03 May 7, 2003 The proposed conditional use for a planned development is in substantial conformance with the purpose and intent of the planned development provisions and the ARC Arterial Road Corridor Overlay District. The proposed redevelopment of this building will provide an opportunity to bring residents into the downtown and will help to establish a desirable 24- hour presence in the area. The increase in residents in the center city will help to sustain the commercial component of the existing downtown, and will likely create opportunities for future commercial development to serve the residential community in the downtown. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the comprehensive plan standard. The subject property is designated as "Downtown Commercial Center" by the Official Comprehensive Plan of Elgin (1983). Additionally, the subject property lies within the "Commercial Transition District,"as identified by the Riverfront/Center City Master Plan. The primary goal of the Elgin Riverfront/Center City Master Plan is to create a comprehensive vision and implementation strategy for the development and economic restructuring of downtown Elgin. The proposed development is consistent with the recommendations for this district. J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the natural preservation standard. There are no significant natural features located on the subject property. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the internal land use standard. t 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The density of this project(14.5 dwelling units per acre)is comparable to other smaller scale multiple-family residential projects recently approved for the downtown. These developments include 158-160 Symphony Way, comprised of 4 residential units above a retail space (33 dwelling units per acre equivalent), and 221 East Chicago Avenue, comprised of 6 residential units(32 dwelling units per acre equivalent). Additionally,an 8- unit residential proposal is currently being considered for the northwest corner of Kimball Street and Douglas Avenue (20 dwelling units per acre equivalent). Furthermore, the proposed River Park Place residential development has a density of approximately 25 dwelling units per acre. SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, runresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. The adaptive re-use of this underutilized,historically significant building will provide an attractive amenity at a prominent site in the downtown.The building will be renovated on the exterior and interior, and the site will be improved to include additional landscaping. The applicant is providing a total of 17 parking spaces for the nine (9)residential units (1.89 parking spaces per unit). 2. Conditional Use for a Planned Development. The proposed conditional use for a planned development is in substantial conformance with the purpose and intent of the planned development provisions and the Arterial Road Corridor Guidelines. The proposed redevelopment of this building will provide an opportunity to bring residents into the downtown and will help to establish a desirable 24-hour presence in the area. The increase in residents in the center city will help to sustain the commercial component of the existing downtown,and will likely create opportunities for future commercial development to serve the residential community in the downtown. B. Summary of Unresolved Issues. There are no unresolved issues. 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 06-03 May 7, 2003 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 06-03. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was six (6)yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Patrick Sakolari, dated February 4, 2003. 2. Substantial conformance to the Site Plan, prepared by William M. Brown, and Associates, and dated February 4, 2003. 3. Substantial conformance to the Church Row Luxury Residences development binder, submitted by Patrick Sakolari, and dated February 4, 2003. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 06-03 was adopted. /A a abA Daniel Weiler, Chairman Zoning and Subdivision Hearing Board alzQ ren Pruss, Secretary Zoning and Subdivision Hearing Board 8