96-309 ti
Resolution No. 96-309
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH
ASHWOOD CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
Development Agreement on behalf of the City of Elgin with
Ashwood Corporation for the development of Shoe Factory Homes
at 630 Congdon Avenue, a copy of which is attached hereto and
made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 6 , 1996
Adopted: November 6, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
DEVELOPMENT AGREEMENT
THIS AGREEMENT made and entered into this 2011 day
of p'L y„1i - , 1996, by and between the CITY OF ELGIN, an
Illinois municipal corporation, (hereinafter referred to as
the "City" ) and ASHWOOD CORPORATION, an Illinois corporation,
(hereinafter referred to as "Developer " ) .
WITNESSETH
WHEREAS, Developer is the contract purchaser of the
property commonly known as 630 Congdon Avenue, Elgin, Kane
County, Illinois, and legally described in Section 2 of
Exhibit A attached hereto being a copy of Ordinance G39-96,
passed by the City Council of the City of Elgin on August 14,
1996 (hereinafter referred to as the "Subject Property" ) ; and
WHEREAS, Developer, after consultations and
negotiations with the City concerning certain development
assistance, has determined to proceed with the development of
the Shoe Factory Homes at the Subject Property which will
consist of the redevelopment of a primarily vacant and
deteriorating commercial property into 27 new residential
homes; and
WHEREAS, it is unlikely that such development will
occur in the absence of limited economic assistance; and
WHEREAS, in order to provide for the continued
development of the City including the development of the
Subject Property by Developer and Developer' s additional
undertakings as set forth herein the City has agreed to
provide certain development assistance; and
WHEREAS, the development is proposed to include an
investment by Developer of approximately $3,500,000 which is
estimated to result in the first year after the completion of
the development an increase in the City' s tax revenues of
approximately $16,000 and an increase in tax revenues to other
local taxing districts of approximately $58,000; and
WHEREAS, the Developer as part of the development
has agreed to donate property for the expansion of adjoining
public right of way and to construct new public sidewalks at
no cost to the City; and
WHEREAS, the Subject Property is one of the
predominant sites on the Dundee Avenue corridor and the
development of the Subject Property will likely result in the
stimulation of further redevelopment or improvements in the
area of the Subject Property; and
WHEREAS, the City of Elgin is a home rule unit
authorized to exercise and perform any function relating to
its government and affairs; and
WHEREAS, the development assistance resulting in
significant increases in the City' s tax base within the City
and spurring additional redevelopment are matters within the
government and affairs of the City of Elgin.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings contained herein, and other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as
follows :
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1 . That the foregoing recitals are incorporated
into this agreement in their entirety.
2 . That Developer shall complete its acquisition of
the Subject Property within forty-five (45) days of the
execution of this agreement.
3 . That Developer agrees to commence construction
of the Shoe Factory Homes on the Subject Property within
ninety ( 90) days after Developer' s acquisition of Subject
Property, and to complete the residential development of the
Subject Property pursuant to the development plan and
specifications referenced in Exhibit A no later than thirty
( 30) months after commencement of construction (hereinafter
referred to as the "Completion Date" ) , provided, however, that
the Completion Date shall be extended by one day for each day
on which construction is delayed or stopped due to accident,
strikes, shortages of material, extreme weather, acts of God,
or other causes not within Developer' s reasonable control .
4 . That Developer hereby consents to and waives any
objections regarding the project commonly known as the
Area III Special Assessment project which involves in part
improvements on Preston Avenue from Congdon to Ludlow. Upon
execution hereof, Developer shall execute an appropriate
instrument of consent and wavier.
5 . That Developer shall prior to the commencement
of construction convey to the City by plat of dedication the
property along the north side of Congdon and legally described
in Section 4 of Exhibit A attached hereto to be utilized by
the City as additional public right of way.
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6 . That the Developer as part of the development of
the Subject Property shall demolish and clear the former gas
station building located at the southwest corner of the
Subject Property.
7 . That the City shall resurface Ludlow Avenue and
provide sidewalks and driveway approaches as set forth in
Exhibit B hereto and the Developer hereby agrees to abandon
and close all other driveway approaches on the Subject
Property.
8 . That the Developer during the development of the
Subject Property shall construct at no cost to the City
approximately 4 , 975 square feet of public sidewalks along
Preston, Congdon and Dundee as more particularly described and
shown on Exhibit B attached hereto.
9 . That in consideration for the Developer' s
undertaking the development of the Subject Property,
Developer' s right of way dedication to the City, Developer's
construction of public sidewalks and the Developer's
landscaping of the Subject Property in excess of the
applicable City ordinance requirements as set forth in
Exhibit A hereto, the City agrees to provide a $175,000
economic development grant to the Developer to be used by
Developer for improvements on the Subject Property. These
funds shall be distributed to the Developer in two
installments . The first installment of $100,000 shall be
promptly paid to the Developer after Developer' s acquisition
of the Subject Property upon the completion of the right of
way donation as described in the preceding paragraph number 5
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and upon the completion of the demolition and clearing the
former gas station building located at the southwest corner of
the Subject Property as described in the preceding paragraph
number 6 . The second installment of $75,000 shall be paid
following final completion of the subject development as
evidenced by the issuance of a final certificate of occupancy
for all of the subject units and the entire building and upon
Developer providing the City with a signed and recorded copy
of the Master Declaration of the Shoe Factory Homeowner' s
Association.
10 . That the parties understand and agree that the
economic development assistance being provided by the City to
Developer as set forth herein is expressly contingent upon
Developer' s development of the Subject Property as set forth
in Exhibit A hereto, as such Exhibit A may be amended from
time to time with the City' s prior written consent. In the
event the Developer fails to complete the development of the
Subject Property on or before the Completion Date, as such
date may be extended pursuant to the preceding paragraph 3,
the parties understand and agree that the Developer shall
reimburse to the City in full any funds disbursed to the City
under the economic development grant as provided for the in
the preceding paragraph number 9 .
11 . That this agreement shall not be deemed or
construed to create an employment, joint venture, partnership
or other agency relationship between the parties hereto.
12 . That this agreement is subject to and shall be
governed by the laws of the State of Illinois .
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13 . That this agreement shall be binding on the
parties hereto and their respective successors and assigns .
The parties understand that Developer is considering assigning
all of its rights and delegating all of its obligations
hereunder to an affiliate of Developer known as Shoe Factory
Homes, L.L.C. , an Illinois limited liability company. Such
assignment shall include a written assumption agreement
between the Developer and the affiliate of Developer the form
of which shall be subject to the City' s written approval .
Following such assignment and delegation and such affiliate' s
assumption of Developer' s obligations, Developer shall be
deemed released from all liability hereunder.
IN WITNESS WHEREOF, the parties have entered into
and executed this Agreement on the date and year first written
above.
CITY OF ELGIN, a municipal ASHWOOD CORPORATION,
corporation an Illinois corporation
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By 74 —..ja% By •, - 1'(
Kevin Kelly, Myor J B uc Lord f
President
Attest:
}, Attest:
k 4-1- '( Jl l`k�C cil�r 1 By A i_
Dolonna Mecum, City Clerk Its r�rl j;
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•
Ordinance No. G39-96
AN ORDINANCE
RECLASSIFYING TO PMFR PLANNED MULTIPLE FAMILY
RESIDENCE DISTRICT PROPERTY LOCATED AT 630 CONGDON AVENUE
(SHOE FACTORY PLANNED DEVELOPMENT)
WHEREAS, written application has been made to reclassify
certain property located at 630 Congdon Avenue from AB Area
Business District to PMFR Planned Multiple Family Residence
District for a planned residence district; and
WHEREAS, the Planning and Development Commission has
conducted a public hearing after due notice and submitted its
written findings and recommendations to the City Council; and
WHEREAS, the City Council has reviewed the recommendations
of the Planning and Development Commission and concurs in such
recommendations .
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 made by the Planning and
eft. Development Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2 . That Chapter 19 .07 , Section 19 .07 . 600
entitled "Zoning District Map" of the Elgin Municipal Code,
1976, as amended, be and the same is hereby further amended by
adding thereto the following paragraph:
"The boundaries hereinafter laid out in the
'Zoning District Map' , as amended, be and are hereby
altered by excluding from the AB Area Business •
District and including in the PMFR Planned Multiple
Family Residence District, the following described
property:
BLOCK 5 IN LUDLOW ADDITION TO ELGIN, EXCEPT
THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID BLOCK 5; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID BLOCK 5 FOR A
DISTANCE OF 10. 91 FEET; THENCE SOUTHERLY ALONG A
LINE WHICH FORMS AN ANGLE OF 108 DEGREES 18 MINUTES
57 SECONDS TO THE RIGHT OF A PROLONGATION OF THE
LAST DESCRIBED LINE FOR A DISTANCE OF 224 .61 FEET;
THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE
OF 8 DEGREES 19 MINUTES 43 SECONDS TO THE LEFT OF A
ub. PROLONGATION OF THE LAST DESCRIBED LINE FOR A
DISTANCE OF 30 . 57 FEET; THENCE SOUTHEASTERLY ALONG A
LINE WHICH FORMS AN ANGLE OF 43 DEGREES 59 MINUTES
42 SECONDS TO THE LEFT OF A PROLONGATION OF THE LAST
EXHIBIT A
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DESCRIBED LINE FOR A DISTANCE OF 23. 84 FEET; THENCE
EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 46
DEGREES 57 MINUTES 29 SECONDS (53 DEGREES 39 MINUTES
35 SECONDS MEASURED) TO THE LEFT OF A PROLONGATION
OF THE LAST DESCRIBED LINE FOR A DISTANCE OF 20 . 25 r
FEET ( 14 . 96 FEET MEASURED) TO A POINT ON THE
SOUTHERLY LINE OF SAID BLOCK 5 WHICH IS 69 .44 FEET
EASTERLY OF THE SOUTHWEST CORNER OF SAID BLOCK 5;
THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE OF
BLOCK 5 FOR A DISTANCE OF 69 .44 FEET TO THE SAID
SOUTHWEST CORNER OF BLOCK 5; THENCE NORTHERLY ALONG
THE WESTERLY LINE OF SAID BLOCK 5 FOR A DISTANCE OF
284 . 85 FEET ( 284 .27 FEET MEASURED) TO THE POINT OF
BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS . "
Section 3 . The Shoe Factory PMFR Planned Multiple Family
Residence District shall be designed, developed, and operated
subject to:
A. PURPOSE AND INTENT
The purpose and intent of the PMFR District is to provide
a planned urban residential environment for multiple family
e dwellings, subject to the provisions of Chapter 19 . 60, Planned
Developments of the Elgin Municipal Code. The PMFR District
is most similar to, but departs from the standard requirements
of the MFR zoning district.
B. SUPPLEMENTARY REGULATIONS
Any word or phrase contained within this ordinance
followed by the symbol " (SR) " shall be subject to the
definitions and the additional interpretative requirements
provided in Chapter 19 .90 Supplementary Regulations of the
Elgin Municipal Code. The exclusion of such symbol shall not
exempt such word or phrase from the applicable supplementary
regulation. Additionally, any word or phrase contained within
this ordinance followed by the symbol " (PDSR) " shall be
subject to the definitions and the additional interpretative
requirements provided under Planned Development Supplementary
Regulations within this ordinance. The PDSR shall govern over
any other conflicting supplementary regulation within this
ordinance.
C. GENERAL PROVISIONS
In the PMFR District, the use and development of land and
structures shall be subject to the provisions of Chapter 19 .05
General Provisions of the Elgin Municipal Code.
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D. ZONING DISTRICTS
In the PMFR District, the use and development of land and
structures shall be subject to the provisions of Chapter 19 .07
Zoning Districts of the Elgin Municipal Code.
E. LOCATION AND SIZE OF DISTRICT
The location of the PMFR District is in conformance with
the official comprehensive plan. The PMFR District contains
more than two ( 2) acres of land pursuant to the provisions of
Chapter 19 . 25 . 925 Location and Size of District of the Elgin
Municipal Code.
F. LAND USE
In the PMFR District, the use and development of land and
structures shall be subject to the provisions of Chapter 19 . 10
Land Use of the Elgin Municipal Code. The following
enumerated "land uses" (SR) shall be the only land uses
allowed as a "permitted use" (SR) in the PMFR District.
Residences Division
eak 1) "Multiple Family Dwellings" (SR) (UNCL) .
2 ) "Residential Garage Sales" (SR) (UNCL) .
3) "Residential Storage" (SR) (UNCL) .
4 ) "Home Businesses" (PDSR)
Finance, Insurance, and Real Estate Division
5) "Development Sales Office" (SR) (UNCL) .
Construction Division
6) "Contractors Office and Equipment Areas" (SR) (UNCL) .
Transportation, Communication, and Utilities Division
7 ) "Radio and Television Antennas" (SR) (UNCL) .
8) "Satellite Dish Antennas" (SR) (UNCL) .
9) "Treatment, Transmission, and Distribution
Facilities : Poles, Wires, Cables, Conduits,
• Laterals, Vaults, Pipes, Mains, and Values" (SR)
(UNCL) .
Miscellaneous Uses Division
The following shall be in substantial conformance with
e"- the revised Shoe Factory Development Plan, prepared by
CAPA, dated May 21, 1996 :
10) "Parking Lots" (SR) (UNCL) , exclusively "accessory" •
(SR)
rft
11) "Refuse Collection Area" (SR)
12 ) "Signs" (SR) (UNCL)
13) "Accessory Structures" (SR) , exclusively residential
garages
G. SITE DESIGN
In the PMFR District, the use and development of land and
structures shall be subject to the provisions of Chapter
19 . 12 , Site Design, of the Elgin Municipal Code. In the
PMFR District, .the lot area, lot width, building street
setbacks, vehicle use area street setbacks, residential floor
area, building coverage, accessory building coverage, and
vehicle use area shall be in conformance with the revised Shoe
Factory Development Plan, prepared by CAPA, dated May 21,
1996 . The Shoe Factory Development Plan shall govern over any
other conflicting regulation within this ordinance.
H. OFF STREET PARKING
In the PMFR District, off street parking shall be subject
to the provisions of Chapter 19 .45, Off Street Parking, of the
Elgin Municipal Code. In the PMFR District, the location and
design of the off street parking lots shall be in conformance
e with the revised Shoe Factory Development Plan, prepared by
CAPA, dated May 21, 1996 . The Shoe Factory Development Plan
shall govern over any other conflicting regulation within this
ordinance.
�. OFF STREET LOADING
In the PMFR District, off street loading shall be subject
to the provisions of Chapter 19 .47, Off Street Loading, of the
Elgin Municipal Code. In the PMFR District, off street
loading facilities shall be located in conformance with the
revised Shoe Factory Development Plan, prepared by CAPA, dated
May 21, 1996 . The Shoe Factory Development Plan shall govern
over any other conflicting regulation within this ordinance.
J. SIGNS
In the PMFR District, signs shall be subject to the
provisions of Chapter 19 . 50, Signs, of the Elgin Municipal
Cdde. In the PMFR District, the signs shall be located and
designed in conformance with the revised Shoe Factory
Development Plan, prepared by CAPA, dated May 21, 1996 . The
Shoe Factory Development Plan shall govern over any other
conflicting regulation within this. ordinance.
K. AMENDMENTS TO THE PLANNED DEVELOPMENT
eift
In the PMFR District, amendments to the text and map of
the PMFR District, shall be subject to the provisions of
•
Chapter 19 . 60, Planned Developments, of the Elgin Municipal
Code.
L. APPEALS
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this ordinance may be appealed subject to the
provisions of Chapter 19 .75 Appeals of the Elgin Municipal
Code.
M. PLANNED DEVELOPMENT SUPPLEMENTARY REGULATIONS
In the PMFR District, the Planned Development
Supplementary Regulations shall be as follows :
"Home Businesses" shall mean a "business" (SR) which is
"accessory" (SR) to a "dwelling Unit" (SR) . Home businesses
shall be subject to the following supplementary regulations :
a. Operation - Generally. The operation of a
home business shall be' limited to the persons
residing in the dwelling unit plus one to three
additional employee(s) or subcontractor(s) , working
On the premises, who is not a resident, as may be
approved by the Homeowner' s Association.
The operation of home businesses shall be
limited to a cap of up to a maximum of fourteen ( 14 )
businesses, as may be approved by the Homeowner's
Association.
b. Use of Land and Structures. Home
businesses shall be conducted entirely within a
dwelling unit.
Home businesses may utilize specialized
processes and equipment in the performance of the
home business, which require building, HVAC,
_ plumbing, or electrical installations which are not
customarily found within a dwelling unit, as may be
approved by the Homeowner's Association. However,
no home business shall utilize any process or
equipment with any potential for creating a
life/safety hazard, as may be determined by the Code
.Official.
The floor area of the home business within the
principal building shall be limited up to a maximum
r of thirty (30) percent of the "residential floor
area" (SR) , as may be approved by the Homeowner's
Association. Home businesses which exceed ten ( 10)
percent of the "fire area" shall be subject to the
provisions for "accessory areas" of Title 16,
fek
Buildings and Construction, as may be amended. No
home business shall be located within an "accessory
building" (SR) .
No merchandise shall be stored on the premises, •
except such that can be produced on the premises.
Other merchandise may be kept on the premises
temporarily while t4aiting to be distributed to the
consumer. No merchandise, goods, supplies ,
equipment, or materials shall be displayed or stored
outdoors .
c. Prohibited Alterations. No alterations,
exterior or interior of structures, temporary or
permanent, that change the essential residential
character of the land or structures of a "zoning
lot" (SR) with a home business •shall be allowed,
including, but not limited to, additional entrances
and exits , additional bathrooms, accessible doorways
and ramps, etc. No signs other than those in
substantial conformance with the revised Shoe
Factory Development Plan prepared by CAPA, dated May
21, 1996 shall be allowed on a zoning lot with a
home business .
d. Traffic and Parking. No merchandise,
goods, supplies, or materials associated with a home
business shall be received or delivered at the
dwelling unit unless conducted entirely by U.S .
Postal Service, similar parcel delivery service, or
private passenger motor vehicle.
No dwelling unit with a home business shall
generate more demand for off street parking than
exists on the zoning lot or in excess of the number
of off street parking stalls that may be assigned to
a dwelling unit, as may be approved by the
Homeowner' s Association. No more than three to six
persons shall be allowed to visit the premises of a
dwelling unit with - a home business for the purpose
of conducting business each day. Such visitations
shall be limited to Monday through Saturday from the
hours of 8 :00 A.M. to 6 :00 P.M. , and Sunday from the
hours of 12 : 00 P.M. to 5: 00 P.M. , as may be approved
by the Homeowner's Association.
e. Public Nuisance. No home business shall
be operated in such a manner as to cause a public
nuisance including, but not limited to interference
with broadcast radio and television reception;
offensive noise, vibration, smoke, dust, heat,
glare, or odor; excessive pedestrian or vehicular
traffic; or aesthetic problems .
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f. Prohibited Home Businesses . No home
business shall involve the detailing, servicing, or
repairing of motor vehicles . No home business shall
involve •the grooming, treatment, boarding, or
propagation Of animals, poultry, or livestock. No
home business shall involve the personal or medical
• care or treatment of persons . No home business
shall involve the handling or preparation of food.
g. Administration and Enforcement. The
homeowners association or their designees shall be
responsible for the administration and enforcement
of the regulations governing home businesses at the
Shoe Factory Planned Development.
Section 4 . That the PMFR District shall be subject to
the following conditions :
1. Conveyance of a Plat of Dedication to the
City of Elgin for property along the north side of
Congdon Avenue for future roadway and intersection
improvements, prior to building permit issuance,
said property to be conveyed being legally described
as follows :
eft That part of Block 5 in Ludlow Addition to
Elgin described as follows: Beginning at the
Southeast corner of said Block 5; thence West along
the South line of said Block 5, a distance of 428 . 36
feet, to a bend point in said South line; thence
West along a line, said line being the North right
of way of Congdon Avenue, that forms an angle of 2
degrees 19 minutes 57 seconds to the right of last
described course extended a distance of 14 . 96 feet;
thence northwesterly along a line, said line being
the easterly right of way of Illinois Route 25
(Dundee Avenue) , that forms an angle of 53 degrees
39 minutes 35 seconds to the right of the last
described course extended, a distance of 23.84 feet;
thence . northerly along a line, said line being the
easterly right of way of Illinois Route 25 (Dundee
Avenue) , that forms an angle of 43 degrees 59
minutes 42 seconds to the right of the last
' described course extended, a distance of 21. 60 feet;
thence southeasterly along a line, said line being
15.00 feet distant and parallel to the easterly
right of way line of Illinois Route 25 (Dundee
Avenue) , that forms an angle of 136 degrees 00
minutes 18 seconds to the right of the last
described course extended, a distance of 38.00 feet;
thence easterly along a line, said line being 10 .00
feet distant and parallel to the northerly right of
way line of Congdon Avenue, that forms an angle of
53 degrees 39 minutes 35 seconds to the left of the
A
last described course extended, a distance of 3 . 52
feet; thence easterly along a line, said line being
10 feet distant and parallel to the North right of
way line of Congdon Avenue, that forms an angle of 2
degrees 19 minutes 57 seconds to the left of the
last described course extended, a distance of 428 . 14
feet, to the East line of said Block 5; thence South
along the East line of said Block 5 a distance of
10. 00 feet to the place of beginning, in the City of
Elgin, Kane County, Illinois .
2 . Payment of Development Impact Fees at the
time of building permit issuance;
3. Compliance with all other applicable codes
and ordinances . "
Section 5. That this ordinance shall be in full force
and effect from and after its passage in the manner provided
by law.
s/ Kevin Kelly
Kevin Kelly, Mayor
r
Presented: August 14, 1996
Passed: August 14, 1996
Omnibus Vote: Yeas 7 Nays 0
Recorded: August 15, 1996
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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July 1, 1996
eft
FINDINGS OF FACT
PLANNING AND DEVELOPMENT COMMISSION CITY OF ELGIN
I. SUBJECT
Petition 14-95 Requesting a Map Amendment from AB Area
Business District to PMFR Planned Multiple Family Residence
District; Property Located at 630 Congdon Avenue; by the
Ashwood Corporation, as Applicant and Marion Ginsberg, as
Owner.
II. CONSIDERATIONS
A petition has been filed by the Ashwood Corporation
requesting a map amendment from AB Area Business District to
PMFR Planned Multiple Family Residence District. The subject
property is located at 630 Congdon Avenue.
The petitioner proposes to adaptively reuse the existing
commercial structure, develop it into 27 residential units,
and provide for residential occupations . The units will vary
in size from 610 square feet to 2050 square feet, and will
vary in configuration with one, two and three story units.
The proposal is to market up to a maximum of fourteen of the
twenty-seven units to those individuals who may desire to
operate a residential occupation in combination with their
home.
III. FINDINGS
After due notice, as required by law, the Planning and
Development Commission held a public hearing on Petition
14-95 on June 17, 1996 . The petitioner testified at the
public hearing. No objectors appeared at the public
hearing.
A Petition Review, dated May 31, 1996, was submitted by the
Planning Department, which neither recommended approval nor
denial of Petition 14-95. This Petition Review, along with
the exhibits attached thereto, and the written transcription
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FOF14 .95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 .95
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the proceedings of the public hearing, are attached hereto
e"" and made a part hereof.
The Planning and Development Commission has made the
following findings with respect to Petition 14-95 :
A. Site Characteristics
The subject property is a city block bounded by Dundee,
Congdon, Preston and Ludlow Avenues and contains
approximately 111,592 square feet or 2 .5 acres . The
subject property is developed with a three to four story
brick commercial building, two accessory buildings, and
several parking areas .
B. Sewer and Water
Sewer and water service is currently provided to the
subject property. The proposed redevelopment will not
impact the provision of sewer and water service to the
subject property.
C. Traffic and Parking
Dundee Avenue (Illinois Route 25) and Congdon Avenue
function as arterial streets serving the east side of the
city. Preston and Ludlow Avenues function as local
streets serving the adjacent neighborhoods .
Five points of access are proposed along Ludlow Avenue to
the subject property for off street parking. The
existing points of access on Dundee and Congdon Avenue to
the subject property will be removed. Access to Dundee,
Congdon, or Preston Avenue will be prohibited.
The off street parking ordinance requires one stall per
500 square feet of floor area for residential dwelling
units. (With a minimum of two spaces, not to exceed four
spaces) . Based on the residential floor area for the
twenty-seven units, 84 parking spaces are required.
Additionally, no dwelling unit with a residential
occupation or a conditional residential occupation shall
generate more demand for off street parking than exists
on the zoning lot or in excess of the number of off
street parking stalls that may be assigned to a dwelling
unit.
Ninety-nine off street parking spaces have been provided
at the subject property. The applicant proposes to
assign two parking spaces per unit (one space within a
garage, and one space within a designated parking lot,
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FOF14 .95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 .95
•
for a total of 54 parking spaces for the residential use
of the subject property. The remaining 45 parking spaces
will be allocated to the residential or conditional
residential occupations for employees and visitors . Only
fourteen of the twenty-seven units are designated for
residential occupations . The residential occupations and
designation of parking stalls will be monitored by the
Homeowners Association.
D. Zoning History
1928 G Industrial District
1950 F Industrial District
1960 F Industrial District
1961 F Industrial District
1962 M-1 Limited Manufacturing District
1992 M-1 Limited Manufacturing District
Present AB Area Business District
E. Zoning Status
Development of the subject property with permitted land
uses in the AB District is considered to be lawful.
Adaptive reuse of the subject property with residential
requires a map amendment and a planned development.
F. Surrounding Land Use and Zoning
The area located to the north of the subject property,
across Ludlow Avenue, is zoned AB Area Business . District
and RC2 Residence Conservation District, and is developed
with a gas station and residences .
The area located to the east of the subject property,
across Preston Avenue, is zoned RC2 District and CF
Community Facility District, and is developed with
residences and a church.
The area located to the south of the subject property,
across Congdon Avenue, is zoned RC2 District and AB
District and is developed with residences and a strip
shopping center.
The area located to the west of the subject property,
across Dundee Avenue, is zoned AB Area Business District
and is developed with commercial uses.
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FOF14. 95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN.95/PET14 .95
G. Trend of Development
The area surrounding the subject property has developed
with commercial and residential uses .
H. Comprehensive Plan
The subject property is designated urban residential in
the Comprehensive Plan. Dundee and Congdon Avenues are
designated as transportation corridors .
IV. RECOMMENDATION
On a motion to recommend approval of Petition 14-95 , subject
to the following conditions :
1. Substantial compliance with the revised planned
development plan prepared by CAPA, dated May 21, 1996 .
2 . Compliance with Exhibit 5, the Planned Development
Statement of Purpose, Conformance and Departures prepared
by CAPA, dated May 21, 1996 .
3 . Access to the subject property shall be limited to five
points on Ludlow Avenue, as depicted on the planned
'` development plan. No additional points of access to the
subject property shall be permitted.
4 . Restoration of curb, gutter and sidewalk along Dundee
_ Avenue and Congdon Avenue.
5 . Conveyance of a Plat of Dedication to the City of Elgin
for property along the north side of Congdon Avenue for
future roadway and intersection improvements, prior to
building permit issuance.
6 . Payment of Development Impact Fees at the time of
building permit issuance.
7 . Submission to and approval by the city of a Homeowner's
Association Agreement prior to ordinance approval by City
Council .
• 8 . Compliance with all applicable codes and ordinances .
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Page 4
FOF14. 95/PZTEXT/3000DV.SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14 . 95
•
the vote was Five (5) Yes and Zero (0) No.
Therefore, the motion to recommend approval of .Petition 14-95
was adopted.
. Robert W. Siljestr , Chairman�
Planning and Development Commission
-,,14�
Roge K. Dahlstrom, Secretary�
Planning and Development Commission
r
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Page 5
FOF14 . 95/PZTEXT/3000DV. SV/3200PD.PC/3261PD.DT/3261PLAN. 95/PET14. 95
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L•r RESIDENTIAL COMMUNITY
�r�0 _ 630 Congdon Road , Elgin , Illinois H
a l.d,8 1 1 H
w¢r TO BE DONE AS PART OF CITY RESURFACING PROJECT
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• SIDEWALK TO BE REMOVED & REPLACED '
DRIVE APPROACHES CONGDON AVENUE AT NEW PROPERTY LINE. bi DevlLPgQe--
TO BE REMOVED. Om D£veLDPE:R
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SUMMARY
OF PROPOSED DEVELOPMENT AGREEMENT
FOR THE SHOE FACTORY PROJECT
I . Property Taxes (assumes $3 .5M investment)
Est. at Net
Current Build Out Gain
City $ 3,085 $19 , 600 $16,515
Other Dist. 10, 880 69 , 150 58, 270
Total $13,965 $88,750 $74,785
II . Value of Donated Right-of-way
4, 820 square feet at $4.50 $21, 690
III . Sidewalk Improvements
4,975 square feet at $4 .00 $19.900
IV. Developer fees to City
Development application 990
Impact fees 29 ,250
Site plan review (Eng. ) 1, 000
Plan review and permits (Code) 25,280 $56,520
V. Other Enhancements from Original Plan
- Reduction in the number of units from 29 to 27
- Reduction in home occupation units from 27 to 14
- Elimination of former gas station from development
- Over landscaping of site
- Developer waives objections to Area III Special
Assessment
VI . Economic Development Grant
- Developer requests $175, 000 paid in two installments
- $100,000 at commencement of construction for model
unit and $75,000 at project 's final Certificate of
Occupancy.
Of F4C
, Agenda Item No.
— City of Elgin
October 18, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Proposed Development Agreement for Shoe Factory Homes
PURPOSE
To present to the Mayor and members of the City Council
information regarding a proposed Development Agreement with
the Ashwood Corporation as the developer of the Shoe Factory
Homes at 630 Congdon Avenue.
BACKGROUND
The Ashwood Corporation of Chicago is the developer of an
rft adaptive reuse of the mostly vacant 1891 former Shoe Factory
Building. Redevelopment plans provide for the construction of
27 townhomes/condominiums in a loft-style project.
On July 10, 1996, the City Council approved Ordinance No.
G39-96, which reclassified the subject property to a planned
multiple family residence district and which authorized the
development of the property in conformance with the Shoe
Factory development plan.
As the City Council has previously been advised in memoranda
on this subject, the developer is seeking city assistance on
this project. The developer is requesting $175,000 in
financial incentives to help insure the project's success .
Attached is a proposed Development Agreement between the
Ashwood Development Corporation and the City. The development
agreement may be summarized follows:
1. Developer must complete its acquisition of the property
within 45 days of the execution of the Development
Agreement.
2 . Developer must commence construction of the project
within 90 days after acquisition of the property and
complete the development within 30 months after
commencement of construction.
Mayor and Members of the City Council
Page -2-
r. October 18, 1996
3. Developer would waive any objections regarding the
Area III Special Assessment Project.
4. Developer would convey to the City approximately 4,820
square feet of property along the north side of Congdon
Avenue to be utilized by the City as future additional
public right of way.
5. Developer would demolish and clear the former gas station
building located at the southwest corner of the property.
6 . Developer would construct approximately 4,975 square foot
of public sidewalks along Preston, Congdon and Dundee.
7 . The City would resurface Ludlow Avenue and reconstruct
certain sidewalk areas and driveway approaches along
Ludlow.
8. The City would provide a $175,000 economic development
grant to the developer to be used by the developer for
improvements on the property. These funds would be
distributed to the developer in two installments . The
first installment of $100,000 would be paid after
1) developer's acquisition of the property, 2) completion
of the right of way donation and 3) completion of the
demolition and clearing the former gas station building.
The second installment of $75,000 would be paid following
final completion of the subject development and recording
of the Master Declaration for the Homeowners ' Association.
Also attached hereto is a document entitled "Summary of
Proposed Development Agreement for the Shoe Factory Project" .
The summary sheet provides for estimates in net gains in
property taxes, value of the right of way to be donated by
developer, value of sidewalk improvements to be made by
developer and fees which would be paid by the developer to the
City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
4 •
4 Mayor and Members of the City Council
Page -3-
October 18, 1996
FINANCIAL IMPACT
The Development Agreement would a require $175,000 economic
development incentive grant by the City. The resurfacing of
Ludlow Avenue is included in the City's 1997 neighborhood
street improvement program and would be accomplished
regardless of the development. The development is expected to
generate approximately $16,500 in additional annual property
taxes to the City, $21,700 in donated right of way, $20,000 of
reconstructed public sidewalks, and $56,500 in permit fees .
The economic incentive grant would be funded from the 1996
Riverboat Lease Fund - account number 276-0000-791. 80-27,
economic development initiatives, where $182,000 remains .
LEGAL IMPACT
None.
ALTERNATIVES
1. Approval of the Development Agreement.
2 . Rejection of the Development Agreement.
RECOMMENDATION
Approval of the Development Agreement with the Ashwood
Corporation.
Re • - tfully submitted,
j , ,4
Robe t 0. Ma m
Assistant City Manager/Chief
Operating Officer
. 0.4.ze )1464horko),i
Ri hard B. Helwig
City Manager
ROM/WAC/mg
ASHWOOD CORPORATION
228 S. WABASH AVENUE, SUITE 410 • CHICAGO, ILLINOIS 60604
(312) 663-1700
November 21, 1996
Mr. Robert 0. Maim
Interim City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Re: The Shoe Factory Homes
Elgin, Illinois
Dear Bob:
Thank you for sending the two original Development Agreements between the City
of Elgin and Ashwood Corporation. As requested, I have signed both Agreements
and enclosed is one copy for your records.
As you are, our group is looking forward to working on this outstanding
development and feel that it will be an asset to the community. We also want to
thank you and the City staff for the excellent cooperation we received in the
planning and rezoning process.
Best regards /.7
,
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