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HomeMy WebLinkAboutG10-08 rik Ordinance No. G10-08 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT EXTERIOR BUILDING RENOVATIONS IN THE CC1 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (2 North State Street) WHEREAS, written application has been made requesting conditional use approval to permit the exterior building renovations in the CC1 Center City District and the ARC Arterial Road Corridor Overlay 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 December 5, 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 to permit the exterior building renovation in the CC1 Center City District and the ARC Arterial Road Corridor Overlay District at 2 North State Street and legally described as follows: The Southerly 22 feet of the Westerly 80 feet of the Easterly 90 feet of Lot 12, Block 29 of the Original Town of Elgin on the West of the Fox River, in the City of Elgin, Kane County, Illinois (property commonly known as 2 North State Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with letter signed by Mr. Abdyl Mehmeti, dated received September 17, 2007. 2. Substantial conformance to the Building Elevation (Sheet MP-1) and Floor Plan (Sheet A-1), prepared by Baranyk Associates, Ltd. Architects, Engineers and Planners, and dated July 16, 2007, latest revisions dated October 2, 2007. 3. Compliance with all applicable codes and ordinances. ruk Section 3. That the conditional use granted herein shall expire if not established within one year 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: January 23, 2008 Passed: January 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 24, 2008 Published: Attest: Ok- Diane Robertson, City lerk December 5, 2007 rik FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 67-07 Requesting a Conditional Use in the CC1 Center City District, to Permit Exterior Building Renovations in the ARC Arterial Road Corridor Overlay District;Property Located at 2 North State Street by Abdyl Mehmeti, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District ARC Arterial Road Corridor Overlay District Existing Use: First Floor Vacant Tenant Space and Upper Floor Apartment Property Location: 2 North State Street Applicant and Owner: Abdyl Mehmeti 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 Photo (see attached) E. Environmental Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) EXHIBIT Findings of Fact Zoning and Subdivision Hearing Board Petition 67-07 December 5, 2007 BACKGROUND An application has been filed by Abdyl Mehmeti requesting conditional use approval in the CC1 Center City District,to permit the renovation of the exterior of the existing building. The property is located at 2 North State Street (reference Exhibits A, B, C, D, E and F). The applicant is requesting to remove and replace the existing canopy with a new fabric awning,re- open all the blocked in windows and install new double hung windows on the second floor. The applicant is also proposing to replace the existing stairs and railing across the front entrance. The proposed exterior building modifications require a public hearing and City Council approval due to the site being located in an ARC Arterial Road Corridor Overlay District.The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors (reference Exhibits G and H). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 67-07 on December 5,2007.The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated November 30, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: F-Industrial District 1950: F-Industrial District 1960: F-Industrial District 1962: B-3 Service Business District 1992: B-3 Service Business District Present: CC1 Center City District ARC Arterial Road Corridor Overlay District The subject property was rezoned to CC 1 Center City District as part of the comprehensive amendment to the zoning ordinance in 1992. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 67-07 December 5, 2007 the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located on the west edge of the center city. The areas located to the north,south,east and west are zoned CC1 Center City District and are developed with a mix of offices, retail, restaurants, service businesses, industrial land uses, and upper floor apartment dwellings. The Metra Railroad and Pace bus stop are located a block east of the subject property. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use 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 with respect to the trend of development standard. The subject site is located along a major arterial corridor and developed with a mix of office, retail and service businesses,and other commercial and industrial land uses,benefitting from the visibility and accessibility offered by the highly traveled State Route 31. D. Zoning District Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The purpose 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. 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. The proposed exterior building modifications, such as the installation of new double hung windows and new awning,meets 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 67-07 December 5, 2007 the requirements and intent of the ARC District. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: 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 the site characteristics standard. The subject property is a regularly shaped parcel consisting of 1,760 square feet of lot area. The property is improved with a two story 3,520 square foot commercial structure with a basement, built lot line to lot line. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use 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 with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. C. Traffic and Parking Standard. The availability 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 traffic and parking standard. The subject property is located at the intersection of North State Street(Route 31)and West Chicago Street. Both roads are arterial streets serving the west side of Elgin. Land uses within the CC1 Center City District are not required to provide off street parking. D. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 67-07 December 5, 2007 Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as "Community Mixed-Use Center" by the City's Comprehensive Plan and Design Guidelines dated 2005. Downtown Elgin functions as a unique community mixed-use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential, employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian, bicycle, transit and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. E. 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. rik No evidence has been submitted or found that the proposed conditional use will be located, designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes. The purpose and intent of the ARC overlay district is to ensure quality development along the city's entryway corridors.The proposed exterior building renovations will enhance the image of a highly traveled gateway into the city. These improvements will increase the aesthetic appeal of the property, and meet the intent of the ARC District. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 67-07 December 5, 2007 DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 67-07. 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, submitted with letter signed by Mr. Abdyl Mehmeti, dated received September 17, 2007. 2. Substantial conformance to the Building Elevation(Sheet MP-1)and Floor Plan(Sheet A-1), prepared by Baranyk Associates,Ltd.Architects,Engineers and Planners,and dated July 16, 2007, latest revisions dated October 2, 2007. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 67-07 was adopted. Respectfully Submitted, s/ Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/ Sarosh Saher Sarosh Saher, Secretary Zoning and Subdivision Hearing Board 6