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HomeMy WebLinkAboutG30-10 Ordinance No. G30-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC 1 CENTER CITY DISTRICT (51 South Spring Street) WHEREAS, written application has been made requesting conditional use approval for a planned development in the CC 1 Center City 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 May 5, 2010, 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 Adaptive Use of an Existing Building . and Construction of a New Building to Provide for a Mixed Use Residential and Retail Development in the CC1 Center City District at 51 South Spring Street legally described as follows: Lots 7, 8, 9 and 10, and that part of Lots 5, 6, 11 and 12 Lying Southwesterly of the Southwesterly Right-Of-Way Line of the Chicago and Northwestern Railway Company, All In Block 12 of the Original Town of Elgin, Kane County, Illinois, Including All Improvements and Structures Thereon (Property Commonly known as 51 South Spring Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Artspace Projects, Inc. dated received April 28, 2010. 2. Substantial Conformance to the following exhibits submitted by Artspace Projects, Inc. prepared by BKV Group dated April 28, 2010 and per the comments and revisions of the Community Development Group. a. Title sheet b. Plat of survey c. Site and landscape plan d. First, second, third floor floorplans e. Exterior building elevations • f. Arts Quarter Lofts project sheet g. Blue project sheet h. Carleton Place Artist Lofts project sheet i. The Lyricat Carleton Place project sheet j. Eitel Building City Apartments project sheet 3. The parking lot to the east proposed to be developed by Artspace Projects, Inc. shall be designed with landscape materials and features that conform to the City's site design and landscape requirements. 4. Compliance with all applicable codes and ordinances. 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. d Schock, Mayor Presented: June 23, 2010 Passed: June 23, 2010 • Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 24, 2010 Published: June 25, 2010 Attest: .t. Diane Robertson, Cit Clerk May 5, 2010 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 08-10 Requesting a Conditional Use for a Planned Development in the CC Center City District,to Permit the Adaptive Use of an Existing Building and Construction of a New Building.to Provide for a Mixed Use Residential and Retail Development; Property Located at 51 South Spring Street,by Artspace Projects;Inc.as Applicant,and Community College District No. 509, as Owner. GENERAL INFORMATION Requested Action: Conditional Use for a Planned Development Current Zoning: CC Center City District Existing Use: Community College 1• Property Location: 51 South Spring Street Applicant: Artspace Projects, Inc. Owner: Communi College District No. 509 Staff Coordinator: Dave Waden, Senior 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) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) 1. Related Correspondence (see attached) BACKGROUND An application has been filed by Artspace Projects, Inc. requesting a conditional use for a planned development in the CC Center City District to permit the adaptive use of an existing building and construction of a new building to provide for a mixed use residential and retail.development. The property is located at 51 South Spring Street. (Reference Exhibits A, B, C, D, and E). The applicant is proposing to establish a new, affordable live/work space for artistically creative individuals and their families. The project will establish 55 new rental residential units and approximately 6,051 square feet of first floor retail space located along Spring Street. The development will involve the adaptive use of the existing building built in 1908,demolition of a later addition to the south, and construction of a new three-story building along the southerly.portion of • the property(Reference Exhibits F, G, H and I). The applicant needs conditional use approval for this use to be allowed in the CCl Center City District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 08-10 on May 5, 2010. 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 April 29, 2010. 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 with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. • Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5,2010 Findings.The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property consisting of approximately 1.2 acres is located within the.Center City District, and contains one building with and addition, both connected by a staircase and elevator.The two story north wing was constructed in 1908 as Swan's Department Store.The two story South wing was constructed in 1948. A paved vehicle use area is located at the southwest corner of the property. 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 project is bounded on the north by Du Page Street, on the south by Fulton Street.To the west is South Spring Street.These are local roads that serve the subject property and form the basis of the urban grid that has been established within the city. To the east is railroad right of way owned by the Union Pacific Railroad Company. Off-street parking is not required to be provided in the CC1 district. However, the applicant is proposing to enter into a development agreement with the City of Elgin to provide dedicated parking on a lot located east of the subject property. D. 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 of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 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: E Commercial District 1950: E Commercial District 1960: D Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC1 Center City Center City Preservation Overlay Zoning District The subject property was part of the original plat of Elgin that was laid out in 1842 by James Gifford. The property was reclassified in 1992 to CC1 Central District as part of a comprehensive amendment to the zoning ordinance. In 2000,the property was included with the Center City Preservation Overlay Zoning District. The original building on the property was constructed in 1908 and used as a department store. Elgin Community College acquired the building in 1982. • E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for 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 areas surrounding the subject property are zoned CC Center City District and developed with a mix of commercial and residential uses. The property to the south is developed with a city owned parking structure and surface lot. F. 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 property is located in an area that is developed with a mix of commercial, residential and service related uses. • 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 • G. 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 n 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 CC 1 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 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. 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 the provisions 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. 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 zoning district with respect to conformance to the provision for the purpose and intent, and the location and size of a CC 1 Center City District. The applicant is proposing the adaptive use of the existing building built in 1908,demolition • of the building addition to the south,and construction of a new three-story building along the 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 southerly portion of the property. The project will establish 55 new rental residential units and approximately 6,051 square feet of first floor retail space located along Spring Street. The project will include a private cloistered courtyard that will contain a tot lot, rain gardens, and space for art exhibits and sculpture. The project will also meet the Illinois Housing Development Association's Green Housing Initiative. The project will integrate a new building with contemporary style to a historic structure allowing each to be distinct in their own right but linked together to create a cohesive project and will fit seamlessly into the urban framework of downtown.The new building will be clad in brick on the north and south elevations with glass and metal forms extruding out behind and beyond the brick facade. The new building also has a complimentary rhythm of openings and balconies reflecting the character of the current streetscapes of downtown. The proposed mixed use residential and retail development will be located, designed and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of the CC Center City District. I. 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. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated "Community Mixed Use" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Commercial Mixed Use provides focus,identity,and convenient goods and services as well as some employment,for a number of surrounding neighborhoods in a larger trade area.The ideal community mixed use center should be between 30-100 acres of commercial, office, entertainment, medium density residential, and institutional uses accessed by arterial streets and transit services.The center would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off-street parking is shared and on-street parking helps to contribute to the intimate scale of well functioning pedestrian environments. Parking located between and behind buildings pen-nits people too walk more safely and comfortably between uses that front sidewalks rather than large parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. The proposed land use is in keeping with the objectives and policies of the "Community Mixed Use" comprehensive plan designation. • 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 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 Natural Preservation Standard. There are no significant natural features present at the subject property worthy of preservation I. 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. 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. 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. This planned development is zoned as a conditional use in the CC 1 Center City District. The applicant is requesting the following departure from the standard requirements of the CC1 Center City District: Section 19.35.530 (B). (1) Land Use: In the CC 1 Center City District only upper floor apartments are.provided for.The applicant is proposing apartments located on the first floor of the development. Section 19.35.535 (D) Site Design: Setbacks. In the CC1 Center City District, the principal building shall be built to the"street lot line"and"side lot line."The street facing fagade shall cover a minimum one hundred percent(100%)of the lot width. The applicant is proposing to stop the fagade along Fulton Street approximately thirty nine(39) feet from the interior lot line. (A 39%departure). Section 19.35.535 (0) Site Design: Floor Area. In the CC1 Center City District, the gross floor area for a residential unit shall be a minimum of six hundred (600) square feet, plus an additional two hundred and fifty(250) square feet for each bedroom.The applicant is proposing a one bedroom unit with eight hundred and twenty six (826) square feet. (A 3% departure). • 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 Section 19.50.080 (F) Wall and Integral Roof Graphics: Integral Roof Graphic. In the CC Center City District, an integral roof graphic shall be erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the graphic extends vertically above the highest portion of the roof. The applicant is proposing a building sign to be located above the roof structure at the entrance into the building 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 applicant is proposing the adaptive use of the existing building built in 1908,demolition of the building addition to the south, and construction of a new three- story building along the southerly portion of the property. The project will establish 55 new rental residential units and approximately 6,051 square feet of first floor retail space located along Spring Street. The project will include a private cloistered courtyard that will contain a tot lot,rain gardens, and space for art exhibits and sculpture. The project will • also meet the Illinois Housing Development Association's Green Housing Initiative. The project will integrate a new building with contemporary style to a historic structure allowing each to be distinct in their own right but linked together to create a cohesive project and will fit seamlessly into the urban framework of downtown.The new building will be clad in brick on the north and south elevations with glass and metal forms extruding out behind and beyond the brick panes.The new building also has a complimentary rhythm of openings and balconies reflecting the character of the current streetscapes of downtown. 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. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 08-10. 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: 8 Findings of Fact Zoning and Subdivision Hearing Board Petition 08-10 May 5, 2010 • 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Artspace Projects, Inc. dated April 28, 2010. 2. Substantial Conformance to the following exhibits submitted by Artspace Projects, Inc. prepared by BKV Group dated April 28, 2010 and per the comments and revisions of the Community Development Group. a. Title sheet b. Plat of survey c. Site and landscape plan d. First, second, third floor floorplans e. Exterior building elevations f. Arts Quarter Lofts project sheet g. Blue project sheet i. Carleton Place Artist Lofts project sheet j. The Lyricat Carleton Place project sheet k. Eitel Building City Apartments project sheet 3. The parking lot to the east proposed to be developed by Artspace Projects, Inc. shall be • designed with landscape materials and features that conform to the City's site design and landscape requirements. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. s/ Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Denise Momodu Denise Momodu, Secretary Zoning and Subdivision Hearing Board • 9