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HomeMy WebLinkAboutG53-07 (2) e+ Ordinance No. G53-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ADAPTIVE REUSE OF AN EXISTING BUILDING WITH FOUR MULTIPLE FAMILY DWELLING UNITS IN THE RC2 RESIDENTIAL CONSERVATION DISTRICT (1000 North Preston Avenue) WHEREAS, written application has been made for a conditional use for a planned development which will allow the adaptive reuse of an exiting building with four multiple family dwelling units in the RC2 Residential Conservation District; 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 July 18, 2007, 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 adaptive reuse of an exiting building with four condominium multiple family dwelling units in the RC2 Residential Conservation District at 1000 North Preston Avenue and legally described as follows: Lots 21 and 22 in Block 10 of the Ludlow Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1000 North Preston Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application prepared by Keith Farnham, dated June 14, 2007. 2. Substantial conformance to the Site and Floor Plans (Sheets No. T1 and Al) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 3. Substantial conformance to the Building Elevations (Sheet No A3) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 4. Substantial conformance to the Utility Floor Plan (Sheet No. U1) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 5. Compliance with all other 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 Sc oc , Mayor Presented: September 12, 2007 Passed: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 13, 2007 Published: Attest: Diane Robertson, City lerk - 2 - July 18, 2007 11"*" FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 40-07 Requesting a Conditional Use for a Planned Development in the RC2 Residence Conservation District,to Permit the Adaptive Use of an Existing Building with Four Multiple Family Dwelling Units;Property Located at 1000 North Preston Avenue by Keith Farnham, as Applicant, and Cardunal FSB Land Trust No 98-641, as Owner. BACKGROUND Requested Action: Conditional Use for a Planned Development Approval Current Zoning: RC2 Residence Conservation District Existing Use: Vacant fli"'" Proposed Use: Four Multiple Family Dwelling Units Property Location: 1000 North Preston Avenue Applicant: Keith Farnham Owner: Cardunal FSB Land Trust No 98-641 Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) ow E. Environmental Map (see attached) F. Site Photo (see attached) &(Aii3/1" Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 G. Development Plan and Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by Keith Farnham requesting a conditional use for a planned development in the RC2 Residence Conservation District,to permit the adaptive use of an existing building with four multiple family dwelling units. The property is located at 1000 North Preston Avenue(reference Exhibits A, B, C, D, E and F). The applicant is proposing to remodel the interior of the existing 7,905 square foot masonry building and convert it into four condominium units. The proposed 2 bedroom units will range from 1,817 square feet to 2,060 square feet. The units will range in price between$250,000 and$300,000 each. The open courtyard will be developed as common grounds with a garden,pond and pergola. Each unit will have access to one parking space in the detached two car garages(reference Exhibits G,H, and I). The proposed development and existing building do not comply with the current zoning ordinance with regard to land use,density and setbacks. The building was constructed as commercial building at a zero foot setback from both North Preston Avenue and Cooper Avenue,when it was allowable in terms of land use and site design. The applicant is requesting departures from the standard requirements of the RC2 Residence Conservation District. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 40-07 on July 18, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors were present. The Community Development Group submitted a Conditional Use Review dated July 12, 2007. 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 zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the site characteristics standard. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 G. Development Plan,and Statement of Purpose and Conformance (see attached) H. Draft Conditional I.Ise Ordinance (see attached) I. Related Corresponc.ence (see attached) BACKGROUND An application has been Filed by Keith Farnham requesting a conditional use for a planned development in the RC2 Residence Conservation District,to permit the adaptive use of an existing building with four multiple family dwelling units. The property is located at 1000 North Preston Avenue(reference Exhibit;A, B, C, D,E and F). The applicant is proposing•:o remodel the interior of the existing 7,905 square foot masonry building and convert it into four cor dominium units. The proposed 2 bedroom units will range from 1,817 square feet to 2,060 square feet. The units will range in price between$250,000 and$300,000 each. The open courtyard will be developed as common grounds with a garden,pond and pergola. Each unit will have access to one parking space in the detached two car garages(reference Exhibits G,H, and I). The proposed development and existing building do not comply with the current zoning ordinance with regard to land use,density and setbacks. The building was constructed as commercial building at a zero foot setback from both North Preston Avenue and Cooper Avenue,when it was allowable in terms of land use and :its design. The applicant is requesting departures from the standard requirements of the RC2 Residence Conservation District. GENERAL FINDINGS After due notice,as require Thy law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration a: Petition 40-07 on July 18, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors were present. The Community Developn Lent Group submitted a Conditional Use Review dated July 12, 2007. The Zoning and Subdivisic'n Hearing Board has made the following general findings: A. Site Characteristi:s Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, waterc purse and vegetation), and existing improvements. t. Findings. The sub ect property is suitable for the intended conditional use and conditional use for a planned d:velopment with respect to the site characteristics standard. - 2 - • • Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 The subject property is a regularly shaped parcel consisting of 12,672 square feet of land area. The property is improved with a one story commercial building and paved driveway. The subject property is relative flat. There are no significant natural features on the property. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the sewer and water standard. The subject property is served by existing municipal sanitary sewer and water systems. The proposed new multiple family dwellings will be served from these existing systems. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district 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 and conditional use for a planned development with respect to the traffic and parking standard. The subject property is located at the northwest corner of Preston Avenue and Cooper Avenue. Preston Avenue and Cooper Avenue are local streets serving the northeastern portion of the city and the surrounding residential neighborhood. The subject property currently has a vehicular access point off of Cooper Avenue that will be widen to provide access to the proposed garages. Due to the site limitations the applicant is only proposing one off street parking facility per unit. Parking for the proposed residential dwellings can not be provided in conformance with the Off-Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use and 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: (Pk - 3 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 1927: G Industrial District 1950: F Industrial District 1960: F Industrial District 1961: F Industrial District 1962: B4 General Service District 1992: B4 General Service District Present: RC2 Residence Conservation District The property was zoned B4 General Service District until 1992,when it was reclassified to RC2 Residence Conservation District as a part of the most recent comprehensive amendment to the zoning ordinance. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The areas located to the north, south, east and west of the subject property are zoned RC2 Residence Conservation and are developed with single family residences. The proposed use is consistent and compatible with the surrounding land uses and zoning in that a nonresidential building is being adaptively reused for residences. F. Trend of Development. The suitability of the subject property for the proposed 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 intended conditional use and conditional use for a proposed planned development with respect to the trend of development standard. The subject property is located in a mature residential neighborhood. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the RC2 Residence Conservation District is to conserve the urban residential environment of the mature residential neighborhood of the City, which developed predominantly subsequent to 1950 with single family detached dwellings. Findings. The subject property is suitable for the intended conditional use with respect to - 4 - Findings of Fact Zoning and Subdivision Hearing Board e'"b' Petition 40-07 July 18,2007 1927: G In dustriai District 1950: F In lustrial District 1960: F Industrial District 1961: F In lustrial District 1962: B4 General Service District 1992: B4 General Service District Present: RC2 Residence Conservation District The property was z)ned B4 General Service District until 1992,when it was reclassified to RC2 Residence Col tservation District as a part of the most recent comprehensive amendment to the zoning ordin ince. E. Surrounding Lam'Use and Zoning Standard. The suitability of the subject property for the intended zonini;district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The sub ject property is suitable for the intended conditional use and conditional use for a plannec. development with respect to consistency and compatibility with surrounding land u;e and zoning. The areas located tJ the north, south, east and west of the subject property are zoned RC2 Residence Conservation and are developed with single family residences. The proposed use is consistent and compatible with the surrounding land uses and zoning in that a nonresidential buil ling is being adaptively reused for residences. F. Trend of Develop went. The suitability of the subject property for the proposed planned development with respect to its consistency with an existing pattern of development or an identifiable trend c f development in the area. Findings: The subject property is suitable for the intended conditional use and conditional use for a proposed ,lanned development with respect to the trend of development standard. The subject property is located in a mature residential neighborhood. G. Zoning District Si andard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the:RC2 Residence Conservation District is to conserve the urban residential environment of tie mature residential neighborhood of the City, which developed predominantly subsequent to 1950 with single family detached dwellings. Findings. The subject property is suitable for the intended conditional use with respect to -4 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 conformance to the provision for the purpose and intent,and the location and size of a zoning district. The proposed redevelopment of the subject property with four attached dwelling units is not a permitted use in the RC2 Residence Conservation District. However, the proposed adaptive reuse of the existing commercial building with four residence units will be an appropriate use for this RC2 District. Departures from the land use,site design and off street parking requirements of the RC2 District will be necessary for the subject property to be redeveloped as proposed. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance for the purpose and intent of the planned development. 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. Findings: The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development standard. The subject property is located in a well established residential neighborhood. The proposed planned development is in conformance with the purpose and intent of the provisions for planned developments. Without a planned development approval,the existing 7,905 square foot commercial building could not be converted into four attached single family dwellings as proposed on the subject property. The applicant is proposing to enhance the subject property with an open courtyard serving as common grounds with a garden, pond and pergola, and additional foundation landscaping along Preston and Cooper Avenues. The proposed building improvements will increase the aesthetic appeal of the subject property and enhance the image of neighborhood. - 5 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Urban/Traditional Residential (2.1 — 8.7 dwelling units per net acres)"by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. The Urban/Traditional Residential designation is suitable for any area where urban density land use, including detached and attached single family homes, and higher density multiple family dwellings exists or is desired. These areas generally include that part of the community that developed between the 1850's and early 1960's,but are also recommended around the mixed use centers and along the transportation corridor identified. Appropriate locations offer neighborhood access to local,collector and arterial roads,access to water and sanitary sewer systems, and proximity to public safety services. The provision of park and open space is encouraged to provide opportunities for recreation and access to bicycle and pedestrian trail networks. Other uses allowed in this category may include neighborhood commercial centers,churches,and schools in locations deemed appropriate by the City. The proposed development is in conformance with this designation. J. Natural Preservation. The suitability of the subject property for the 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 conditional use and proposed planned development with regard to the natural preservation standard. There are no natural features located on site worthy of preservation. K. Location,Design, and Operation. 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 proposed planned development with regard to the internal land use standard. The subject property is located within a mature residential neighborhood.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. - 6 - Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehen;;ive plan. Findings. The sub ect property is suitable for the intended conditional use and conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject propery is designated as "Urban/Traditional Residential (2.1 — 8.7 dwelling units per net acres)' by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. The Urban/Traditional Residential designation is suitable for any area where urban density land use, including detached and attached single family homes, and higher density multiple family dw, llings exists or is desired. These areas generally include that part of the community that developed between the 1850's and early 1960's,but are also recommended around the mixed use centers and along the transportation corridor identified. Appropriate locations offer neig iborhood access to local,collector and arterial roads,access to water and sanitary sewer systw:ms,and proximity to public safety services. The provision of park and open space is encouraged to provide opportunities for recreation and access to bicycle and pedestrian trail net'vorks. Other uses allowed in this category may include neighborhood commercial centers,churches,and schools in locations deemed appropriate by the City. The proposed developrz.ent is in conformance with this designation. J. Natural Preservat ion. The suitability of the subject property for the planned development with respect to the preservation of all significant natural features including topography, watercourses, wetly nds, and vegetation. Findings: The sub sect property is suitable for the intended conditional use and proposed planned development with regard to the natural preservation standard. There are no nature 1 features located on site worthy of preservation. K. Location,Design, and Operation. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, ,end operated so as to exercise no undue detrimental influence on each other or on surroun ding property. Findings:The subject property is suitable for the proposed planned development with regard to the internal land use standard. The subject proper~y is located within a mature residential neighborhood. No evidence has been submitted or f)und that the proposed planned development will be located,designed,or operated in a mane;r that will exercise undue detrimental influence on itself or surrounding property. - 6- • Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. The proposed development and existing buildings do not comply with the current zoning ordinance with regard to land use, density and setbacks. The building was constructed as commercial building at a zero foot setback from both North Preston Avenue and Cooper Avenue, when it was allowable in terms of land use and site design. The applicant is requesting the following departures from the standard requirements of the RC2 Residence Conservation District and the Off Street Parking Ordinance. 1. Section 19.20.330 (A and B) Land Use. In the RC2 Residence Conservation District, attached single family dwellings are not a permitted or a conditional use. The applicant is proposing to establish four attached single family dwelling units in the existing commercial building. 2. Section 19.20.335(B)Lot Area. In the RC2 Residence Conservation District,the minimum required"zoning lot area"is 6,000 square feet per dwelling unit.The applicant is proposing a density of two dwelling units per 6,000 square feet or one dwelling unit per 3,000 square feet. Accordingly,a fifty percent departure from the required minimum lot area per dwelling unit is required. 3. Section 19.45.080 (A) Required Number of Off Street Parking for Residence. The required number of parking spaces per dwelling unit is 1 stall per 500 square feet of floor area with a minimum of two stall per dwelling unit,but not to exceed four stalls per dwelling unit. The applicant is proposing one stall per dwelling unit. Accordingly, a fifty percent departure from the required minimum number of off street parking per dwelling unit is required. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. Positive Attributes: The subject property is located in a well established residential neighborhood. The proposed planned development is in conformance with the purpose and intent of the planned development. Without planned development approval, the existing 7,905 square foot commercial building could not be converted into four attached single family dwellings as proposed on the subject property.The applicant is proposing to enhance the subject property with an open courtyard serving as common grounds with a garden,pond - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 40-07 July 18, 2007 and pergola, and additional foundation landscaping along North Preston and Cooper Avenues. The proposed building improvements will increase the aesthetic appeal of the subject property and enhance the image of neighborhood. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval, a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 40-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five(5) yes and zero (0) no: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application prepared by Keith Farnham, dated June 14, 2007. 2. Substantial conformance to the Site and Floor Plans (Sheet No. T1) prepared by Christus Design Group Architects and dated March 14, 2007 with revisions, as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (Sheet No A3) prepared by Christus Design Group Architects and dated March 14, 2007 with revisions as required by the Community Development Group. 4. Substantial conformance to the Utility Floor Plan(Sheet No U1)prepared by Christus Design Group Architects and dated March 14, 2007 with revisions as required by the Community Development Group. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. I - 8 - • Findings of Fact Zoning and Subdivision Hearing Board /" Petition 40-07 July 18, 2007 and pergola, and additional foundation landscaping along North Preston and Cooper Avenues. The pros osed building improvements will increase the aesthetic appeal of the subject property an I enhance the image of neighborhood. B. Summary of Unre solved Issues. There are no unresolved issues. C. Summary of Altei natives. Other than an apprc val,a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 40-07. On a motion to recommend apps oval of the conditional use,subject to the following conditions,the vote was five(5)yes and zero O)no: 1. Substantial confor nance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application prepared by Keith Farnham, dated June 14, 2007. 2. Substantial conformance to the Site and Floor Plans (Sheet No. T1) prepared by Christus Design Group Arc hitects and dated March 14, 2007 with revisions, as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (Sheet No A3) prepared by Christus Design Group Architects and dated March 14, 2007 with revisions as required by the Community Development Group. 4. Substantial conforr lance to the Utility Floor Plan(Sheet No U1)prepared by Christus Design Group Architects a and dated March 14, 2007 with revisions as required by the Community Development Group. 5. Compliance with a.1 other applicable codes and ordinances. Therefore, the motion to rE commend approval was adopted. - 8 - • , Findings of Fact Zoning and Subdivision Hearing Board e.. Petition 40-07 July 18, 2007 Respectfully Submitted, s/ Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/ Sarosh Saher Sarosh Saher, Secretary Zoning and Subdivision Hearing Board (.64 EXHIBITS TO FOLLOW r - 9 -