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G68-02 Ordinance No. G68-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT (210 National Street) WHEREAS, written application has been made for a conditional use for a planned development to permit the construction of a building to be used as a Child Day Care Service, for property located within the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 210 National Street; 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 rft adopts the Findings of Fact, dated March 6, 2002 , made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a planned development which will allow for the establishment of a child day care service at 210 National Street and legally described as follows : THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : ALL OF LOTS 4 , 5 , AND 6, AND THE SOUTHERLY 55 FEET OF LOTS 3 AND 7, ALL IN BLOCK 2 OF RAILROAD ADDITION TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 210 NATIONAL STREET) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance, submitted by the Illinois Facilities Fund, undated. 2 . Substantial conformance to the Site Plan, prepared by Dahlquist and Lutzow, and dated September 9, 2002 . ,�r• 3 . Substantial conformance to the Exterior Elevations, prepared by Dahlquist and Lutzow, and dated January 15, 2002 . 4 . 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. E Schock, Mayor Presented: October 9, 2002 Passed: October 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: October 10, 2002 Published: Attest : Dolonna Mecum, City Clerk (Pk • ) 1 a 1 March 6, 2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration ofPetition 04-02 Requesting a Conditional Use for a Planned Development,to Permit the Establishment of a Child Day Care Service Within the CC2 Center City District and the ARC Arterial Road Corridor Overlay District; Property Located at 210 National Street by Illinois Facilities Fund, as Applicant, and City of Elgin, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC2 Center City District and ARC Arterial Road Corridor Overlay District Current Use: Parking Lot Proposed Use: Child Day Care Service Property Location: 210 National Street Applicant: Illinois Facilities Fund Owner: City of Elgin Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo COP } (see attached) i E. Photographs of Site (see attached) F. Statement of Purpose and Conformance (see attached) • Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6,2002 G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Illinois Facilities Fund, requesting a conditional use for a planned development in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District. The subject property is located at the northwest corner of National Street and Raymond Street (reference Exhibits A,B, C, D, and E). The applicant proposes to develop the subject property with a new two-story, 20,000 square foot masonry building. The proposed land use for the building is a daycare center which will provide services for approximately 184 children.The site will include an accessory fenced and landscaped play yard and an accessory parking lot containing 61 parking spaces. The parking lot will be made available to the surrounding businesses during the evenings and weekends. The proposed child day care service requires conditional use approval.Under the provisions of the rARC Arterial Road Corridor Overlay District, the applicant is requesting departures from the standard regulations of the CC2 District for building setbacks and ground floor transparency requirements (reference Exhibits F, G,H and I). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 04-02 on February 20,2002. The applicant testified at the public hearing and presented documentary evidence in support of the application.Objectors to the petition appeared and spoke at the public hearing. Written correspondence has been submitted. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned developments: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its size;shape;significant natural features including topography, watercourses, and vegetation; and existing improvements. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the site characteristics standard. r -2- L e • Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6, 2002 The subject property is an irregularly shaped parcel which contains 65,033 square feet of lot area.Topography on the site ranges from a high point of 739 feet located at the northeastern corner of the site,to a low point of 724 feet located at the southwestern corner of the site,for a total relief of 15 feet.The site is currently improved with a parking lot which contains 141 spaces. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate municipal water,wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. • C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The-subject property is suitable for the intended conditional use for a planned development with respect to the traffic and parking standard. The subject property is located at the northwest corner of National Street and Raymond Street. National Street, an arterial street, providing a connection between the east and west sides of the city.Raymond Street is a local street which serves the business and residential areas of the southeast portion of the city.A traffic signal exists at the intersection of National and Raymond Streets. The site will be accessed from two points on Raymond Street.The proposed parking lot will promote safe and efficient on-site traffic circulation. Parking will be provided in conformance with the requirements of the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district.The subject property was zoned as follows for the years listed: -3- • . Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6,2002 1927: E Commercial District 1950: D Commercial District 1960: D Commercial District 1962: B4 General Services District 1992: CC2 Center City District Present: CC2 Center City District, ARC Arterial Road Corridor Overlay District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. - The property to the north of the subject property is zoned CC2 Center City District and is �r. developed with the Army National Guard Facility. The property to the west of the subject property is zoned PCC2 Planned Center City District and is developed with the Grand Victoria Casino pavilion, a parking deck and surface parking lot. The property to the south of the subject property, across National Street, is zoned CC2 Center City District and is developed with a mix of business and residential uses. The property to the east of the subject property, across Raymond Street, is zoned RC3 Residence Conservation District to the north and CC2 Center City District to the south,and is developed with residential and commercial uses. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to 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 for a planned development with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located on the edge of the downtown in an area that has experienced some redevelopment in the last 10 years with a mix of commercial, entertainment and residential uses. -4- • Findings of Fact Zoning and Subdivision Hearing Board f'"' Petition 04-02 March 6, 2002 G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the CC2 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 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, aproperty located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. - Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent,and the-location and size of a zoning district. With respect to the underlying CC2 Center City District regulations,the proposed child day care service is allowable as a conditional use, and will be designed and operated in conformance with the CC2 District regulations. The subject property is also located within the ARC District, and will be developed in conformance to the ARC District design guidelines. 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. No conditional use for a planned development shall 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 ifthe 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 for a planned development with respect to conformance to the provision for the purpose and intent of planned developments. -5- Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6, 2002 Any development of the subject property requires planned development approval. The proposed development is consistent with the established trend of development in the area. The proposed building will be an attractive amenity at this significant intersection. I. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the comprehensive plan. The Official Comprehensive Plan designates the subject property as a "downtown commercial center." J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the preservation of all significant natural features including topography,watercourses,wetlands, and vegetation. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to the natural preservation standard. The subject property is currently developed as a parking lot. There are no significant natural features with respect to the subject property. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property.The proposed site is designed in a manner that facilitates safe and efficient traffic circulation for its users. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the following departures from the standard requirements of the CC2 Center City District: -6- • Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6, 2002 Section 19.35.735 Site Design-(D)Setbacks-Generally.The CC2 District requires a zero building setback from a street lot line, unless it is approved in a planned development. However, if a building setback from a side or interior lot line is provided or allowed, the required setback is a minimum of 5 feet. The applicant has proposed a 28 foot building setback from National Street and a 14 foot setback from Raymond Street. Additionally,the facade of a building which faces the street is required to cover a minimum of 60%of the lot width.The applicant has proposed to cover 35%of the lot width facing National Street and 45%of the lot width facing Raymond Street. Section 19.35.735 Site Design - (M) Ground-Level Storefront - Transparency. In the CC2 District, ground-level storefronts are required to include transparent glazing covering i minimum of 60%of the storefront facade.The applicant is proposing to cover 50%of the south elevation and 70%of the east elevation with windows. 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. 1. Positive Attributes. The developer is proposing a new commercial building which will be of masonry construction and which will conform to the ARC Arterial Road Corridor Overlay District guidelines with respect to site design. The Community Development Group has suggested various architectural enhancements and site design improvements. The developer has been receptive to staff's suggestions. The original proposal contemplated a parking lot which contained 46 parking spaces. The developer has revised the plan to provide 61 parking spaces,which exceeds the number of parking stalls required for a child day care service of this size by eleven spaces. The developer has agreed to allow the businesses in the area to use the parking lot during times when the day care service is not in operation. 2. Planned Development Departures and Exceptions. Staff has concluded that the setback departure from National Street is necessary in order to keep the building parallel to National Street due to the significant grade change along the south property line. The intent of the ground-level storefront requirement has been achieved by providing architectural features in lieu of the transparent surface required by the ordinance. -7- Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6, 2002 3. Trend ofDevelopment.The subject property is located on the edge of the downtown in an area that has experienced some redevelopment in the last 10 years with a mix of commercial, entertainment and residential uses. 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 hereby recommends the approval of Petition 04-02.On a motion to approve Petition 04-02,subject to the following conditions,the vote was four(4)yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by the Illinois Facilities Fund, undated. 2. Substantial conformance to the proposed Site Plan Revision D,prepared by Heidrun Hoppe Associates,and dated January 10,2002. Revisions shall be made thereto,if found necessary or not in code compliance, per the Department of Code Administration and Development Services.Additionally,the parking lot shall be made available to the surrounding businesses. 3. Substantial conformance to the proposed Exterior Elevations, prepared by Dahlquist and Lutzow, and dated January 15, 2002. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services.. 4. The developer shall submit a landscape plan. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services. 5. The hours of operation of the daycare center shall be limited to 6 a.rn. to 7 p.m., Monday through Friday. r6. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 04-02 was adopted. -8- Findings of Fact Zoning and Subdivision Hearing Board Petition 04-02 March 6,2002 ,Ck kr,:e_cf.„ Ralph Ti eri,Chairman Pro Tern Zoning and Subdivision Hearing Board • c David Sundland, Secretary Zoning and Subdivision Hearing Board r r -9-