G50-03 rb. Ordinance No. G50-03
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE ESTABLISHMENT OF A MULTIPLE FAMILY RESIDENCE
IN THE CC1 CENTER CITY DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(18 VILLA COURT)
WHEREAS, written application has been made for a conditional
use for a planned development which will permit the establishment
of multiple family residences in the CC1 Center City District and
the ARC Arterial Road Corridor Overlay District at 18 Villa Court;
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 7, 2003 , 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 multiple family
residences within the CC1 Center City District and the ARC Arterial
Road Corridor Overlay District at 18 Villa Court and legally
described as follows :
PARCEL ONE : THAT PART OF LOTS 8, 9, AND 10 IN BLOCK
11 OF THE ORIGINAL TOWN OF ELGIN, DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE
WEST ON THE SOUTH LINE OF SAID LOT 8, 25 FEET; THENCE
NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT, 96
FEET, THENCE EAST AND PARALLEL WITH SAID SOUTH LINE 3
FEET; THENCE NORTH AND PARALLEL WITH SAID EAST LINE TO
THE SOUTH LINE OF THE ALLEY AS ESTABLISHED BY
CONDEMNATION SUIT IN THE COUNTY COURT OF KANE COUNTY,
ILLINOIS (CASE NUMBER 2367) ON OCTOBER 15, 1915; THENCE
EAST ALONG THE SOUTH LINE OF SAID ALLEY TO THE EAST LINE
OF SAID LOT 10 , THENCE SOUTH ON THE EAST LINE OF
SAID LOT 10 TO THE SOUTHEAST CORNER THEREOF; THENCE WEST
few ALONG THE SOUTH LINE OF LOTS 10 AND 9 TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS
(PROPERTY COMMONLY KNOWN AS 18 VILLA COURT) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance with the Statement of
Purpose and Conformance, prepared by Patrick Sakolari,
dated February 4 , 2003 .
2 . Substantial conformance to the Site Plan,
prepared by William M. Brown, and Associates, and dated
February 4 , 2003 .
3 . Substantial conformance to the Church Row
Luxury Residences development binder, submitted by
Patrick Sakolari, and dated February 4 , 2003 .
4 . Compliance with all applicable codes and
ordinances .
Section 3 . That the conditional use granted herein shall
expire if not established within two years from the date of passage
of this ordinance .
Section 4 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by law.
Ed Schock, Mayor
Presented: June 25, 2003
Passed: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: June 26, 2003
Published:
Attest : /M
Dolonna Mecum, City Clerk
r
May 7, 2003
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 06-03 Requesting a Conditional Use for a Planned Development in the
CC1 Center City District and the ARC Arterial Road Corridor District;Property Located at 18 Villa
Court by Patrick Sakolari, as Applicant, and V.S. Properties, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC1 Center City District
ARC Arterial Road Corridor Overlay District
Existing Use: Vacant Building
Property Location: 18 Villa Court
Applicant: Patrick Sakolari
Owner: V.S. Properties
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 (see attached)
E. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Site Plan (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
H. Development Plan Binder (see attached)
I. Draft Conditional Use Ordinance (see attached)
J. Correspondence (see attached)
BACKGROUND
An application has been filed by Patrick Sakolari requesting a conditional use for a planned
development in the CC1 Center City District and the ARC Arterial Road Corridor District. The
subject property is located at 18 Villa Court(reference Exhibits A,B, C,D, and E).
The applicant proposes to renovate the existing building and establish nine (9)upscale residential
units, ranging in size from a minimum of 1,200 square feet to approximately 1,700 square feet of
floor area per unit.Additionally,the applicant is proposing to renovate portions of the exterior of the
building and to improve the condition of the parking lot(reference Exhibits F, G, H, I, and J).
r The zoning ordinance prohibits residential use on the first floor of a building but allows upper floor
residential use as a conditional use in the CC 1 Center City District.Planned development approval is
required if the building is to be renovated into a multiple family residence.
This petition was scheduled to be considered to the regular meetings of March 5 and March 17,
2003. However, the applicant was in the process of making final revisions to the plans and had
requested additional time to complete the revisions.
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 06-03 on May 7, 2003. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
present at the public hearing. Written correspondence has been submitted. The Community
Development Group submitted a Conditional Use Review dated April 28, 2003.
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 for a planned development, with respect to its size, shape and any existing
improvements.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
Findings: The subject property is suitable for the proposed planned development with
respect to the site characteristics standard.
The subject property is an irregularly shaped parcel containing 18,584 square feet of land,
and is currently developed with a commercial building and a parking lot.Topography on the
site ranges from a high point of 740 feet at the eastern portion to a low of 730 feet at the
western portion of the site,for a maximum relief of 10 feet.There are no significant natural
features located on the site.
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 water,
sanitary treatment and stormwater control facilities.
Findings: The subject property is suitable for the proposed planned development with
respect to the sewer and water standard.
The subject property will be served with municipal water and sanitary sewer service. The
proposed residential use will generate less demand on the sanitary sewer system than the
previous assembly use.
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 proposed planned development with
respect to the traffic and parking standard.
The subject property is located at the northwest corner of the intersection of Villa Court and
DuPage Street. Villa Court is part of the Dundee Avenue/Center StreetNilla Street arterial
roadway system which serves the east side of Elgin.DuPage Street is a collector street which
serves the downtown and surrounding residential neighborhood.
A one-way point of access is being proposed from DuPage Street to serve the on-site parking
lot,which contains 17 parking spaces,nine(9)of which are contained in an indoor parking
lot. Traffic leaving the site will exit into the existing adjoining alley.
Off street parking is being provided in conformance with the zoning ordinance.
D. Zoning History Standard.The suitability of the subject property for the proposed planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
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:
1927: E Commercial
1950: D Commercial
1960: D Commercial
1962: D Commercial
1992: B2 Central Business District
Present: CC1 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 proposed planned development with
respect to the surrounding land use and zoning standard.
The properties to the north, south, and west of the subject property are zoned CC1 Center
City District, and are developed with residential and commercial uses.
The properties located to the east of the subject property are zoned CC2 Center City,and are
developed with a parking lot and a vacant church.
F. Trend of Development Standard. The suitability of the subject property for the intended
conditional use for a planned development with respect to its consistency with an existing
pattern of development or an identifiable trend of development in the area.
Findings: The subject property is suitable for the proposed planned development with
respect to the trend of development standard.
The subject property is located on the edge of the central downtown in an area that has
experienced some redevelopment in the last 10 years, including a mix of commercial,
entertainment, and residential uses.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
The purpose of the CCl Center City District is to facilitate the implementation of the official
comprehensive plan for the center city, as focused on a distinctive sub area of the city with a
common urban fabric. The CCl zoning district features more permissive site design
regulations than the CC2 Center City District,but land use regulations that are more restrictive.
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.
The proposed multiple family residential development will provide a unique opportunity to
introduce dwelling units at the edge of the downtown.The introduction of upscale dwelling
units is consistent with the city's ongoing revitalization efforts in the downtown.
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
conformance to the provisions for the purpose and intent of planned developments.
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.
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.
Findings: The subject property is suitable for the intended conditional use for a planned
development with respect to conformance to the purpose and intent of a conditional use for a
planned development.
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Findings of Fact Zoning and Subdivision Hearing Board
r.► Petition 06-03 May 7, 2003
The proposed conditional use for a planned development is in substantial conformance with
the purpose and intent of the planned development provisions and the ARC Arterial Road
Corridor Overlay District. The proposed redevelopment of this building will provide an
opportunity to bring residents into the downtown and will help to establish a desirable 24-
hour presence in the area. The increase in residents in the center city will help to sustain the
commercial component of the existing downtown, and will likely create opportunities for
future commercial development to serve the residential community in the downtown.
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 proposed planned development with regard
to the comprehensive plan standard.
The subject property is designated as "Downtown Commercial Center" by the Official
Comprehensive Plan of Elgin (1983). Additionally, the subject property lies within the
"Commercial Transition District,"as identified by the Riverfront/Center City Master Plan.
The primary goal of the Elgin Riverfront/Center City Master Plan is to create a
comprehensive vision and implementation strategy for the development and economic
restructuring of downtown Elgin. The proposed development is consistent with the
recommendations for this district.
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 proposed planned development with regard
to the natural preservation standard.
There are no significant natural features located on 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 proposed planned development with regard
to the internal land use standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
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 density of this project(14.5 dwelling units per acre)is comparable to other smaller scale
multiple-family residential projects recently approved for the downtown. These
developments include 158-160 Symphony Way, comprised of 4 residential units above a
retail space (33 dwelling units per acre equivalent), and 221 East Chicago Avenue,
comprised of 6 residential units(32 dwelling units per acre equivalent). Additionally,an 8-
unit residential proposal is currently being considered for the northwest corner of Kimball
Street and Douglas Avenue (20 dwelling units per acre equivalent). Furthermore, the
proposed River Park Place residential development has a density of approximately 25
dwelling units per acre.
SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
runresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. The adaptive re-use of this underutilized,historically significant
building will provide an attractive amenity at a prominent site in the downtown.The
building will be renovated on the exterior and interior, and the site will be improved
to include additional landscaping. The applicant is providing a total of 17 parking
spaces for the nine (9)residential units (1.89 parking spaces per unit).
2. Conditional Use for a Planned Development. The proposed conditional use for a
planned development is in substantial conformance with the purpose and intent of the
planned development provisions and the Arterial Road Corridor Guidelines. The
proposed redevelopment of this building will provide an opportunity to bring
residents into the downtown and will help to establish a desirable 24-hour presence in
the area. The increase in residents in the center city will help to sustain the
commercial component of the existing downtown,and will likely create opportunities
for future commercial development to serve the residential community in the
downtown.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-03 May 7, 2003
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 06-03. 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,prepared
by Patrick Sakolari, dated February 4, 2003.
2. Substantial conformance to the Site Plan, prepared by William M. Brown, and
Associates, and dated February 4, 2003.
3. Substantial conformance to the Church Row Luxury Residences development binder,
submitted by Patrick Sakolari, and dated February 4, 2003.
4. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 06-03 was adopted.
/A a abA
Daniel Weiler, Chairman
Zoning and Subdivision Hearing Board
alzQ
ren Pruss, Secretary
Zoning and Subdivision Hearing Board
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