G2-04 r,,, Ordinance No. G2-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
FOR UPPER FLOOR APARTMENT DWELLINGS IN THE CC1 CENTER CITY DISTRICT
AND THE ARC ARTERIAL ROAD CORRIDOR DISTRICT
(2031/2 East Chicago Street)
WHEREAS, written application has been made for a conditional use for a planned
development in the CC1 Center City District and ARC Arterial Road Corridor District at 2031/2 East
Chicago 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 adopts the Findings of Fact,
dated November 19, 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 to permit the establishment of
an upper floor apartment dwelling in the CC 1 Center City District at 203V2 East Chicago Street and
legally described as follows:
THE EAST 21 FEET OF THE WEST 44 FEET OF THE NORTH 60 FEET
OF LOT 5 AND THE WEST 23 FEET OF THE NORTH 53 FEET AND ONE
INCH OF LOT 5 IN BLOCK 11 OF THE ORIGINAL TOWN OF ELGIN,ON THE
EAST SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS (PROPERTY COMMONLY KNOWN AS 203 %2 EAST CHICAGO
STREET).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and
Conformance,prepared by Anthony Sum, dated August 29, 2003.
2. Substantial conformance to the Floor Plan, submitted by Anthony
Sum, dated August 29, 2003.
3. 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.
—4e" =C--AL-
Ed Schock, Mayor
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Presented: January 14, 2004
Passed: January 14, 2004
Vote: Yeas: 5 Nays: 1
Recorded: January 15, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
el,,, November 19, 2003
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 55-03 Requesting a Conditional Use for a Planned
Development for Upper Floor Apartment Dwellings in the CC 1 Center City District and
the ARC Arterial Road Corridor Overlay District; Property Located at 203 1/2 East
Chicago Street by Anthony Sum, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
ARC Arterial Road Corridor Overlay District
•. Existing Use: First Floor Commercial
Second and Third Floor Rooming House (8 units)
Property Location: 203 '/z East Chicago Street
Applicant and Owner: Anthony Sum
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 Photograph (see attached)
E. Site Photographs (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
BACKGROUND
An application has been filed by Anthony Sum requesting a conditional use for a planned
development for the establishment of upper floor apartment dwellings in the CC1 Center
City District and the ARC Arterial Road Corridor Overlay District. The subject property
is located at 203 '/2 East Chicago Street(reference Exhibits A, B, C, D, and E).
The existing building contains commercial space on the ground floor, with a rental
rooming house above, containing 8 units. The applicant proposes to renovate the second
and third floor of the existing commercial building and establish 6 studio apartments.
Each unit will contain amenities such as a kitchen and bath room with modern
appliances, oak cabinets, exposed brick walls, ceiling fans, skylights, hardwood flooring,
and other decorative architectural features throughout the unit. The applicant is also
proposing to add central air conditioning to each unit, replace the existing roof, and tuck-
point the exterior of the building as part of this renovation project. The applicant
anticipates renting each unit for approximately$780 per month.
Upper floor apartment dwellings require conditional use approval in the CC1 Center City
District. The applicant is requesting a departure from the site design section of the zoning
ordinance (reference Exhibits F, G, and H).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 55-03 on November 19, 2003.
The applicant testified at the public hearing and presented documentary evidence in
support of the application. No objectors spoke at the public hearing. Written
correspondence has been received. The Community Development Group submitted a
Conditional Use Review dated November 11, 2003.
The Zoning and Subdivision Hearing Board has made the following findings concerning
the standards for a conditional use for a planned development:
A. Site Characteristics Standard. The suitability of the subject property for the
intended conditional use with respect to its size, shape, significant features
including topography, watercourses, vegetation, and existing improvements.
Findings. The subject property is suitable for the intended conditional use with
respect to the site characteristics standard.
The subject property is a regularly shaped parcel containing approximately 2,481
square feet of lot area. The property is improved with a three-story, 6,500 square
,r. foot commercial building and a small paved area located just south of the
building.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
Topography on the site ranges from a high point of 729 feet at the northeast
portion of the site to a low point of 724 feet at the southwest portion of the site,
for a maximum relief of 5 feet.
B. Sewer and Water Standard. The suitability of the subject property for the
intended conditional use with respect to the availability of adequate municipal
water, wastewater treatment, and storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with
respect to the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water
control services.
C. Traffic and Parking Standard. The availability of the subject property for the
intended conditional use with respect to the provision of safe and efficient on-site
and off-site vehicular circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended conditional use with
respect to the traffic and parking standard.
The subject property is located on East Chicago Street. East Chicago Street is an
arterial street serving the east and west sides of Elgin.
Off street parking will be provided in conformance with the off street parking
ordinance. Land uses within the CC1 Center City District are not required to
provide off street parking. Additionally, limited on street parking is permitted on
East Chicago Street, and the tenants could lease parking space within the nearby
Spring Street parking deck if needed.
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.
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 District
1950: E Commercial District
1960: E Commercial District
1962: B2 Central Business District
�,r.. 1992: B2 Central Business District
Present: CC1 Center City District
ARC Arterial Road Corridor District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
The existing commercial uses on the ground floor are considered lawful uses. The
8-unit rooming house located on the upper floors of the building is considered a
lawful nonconforming use.
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, east, and west are zoned CC1 Center City
District and are developed with commercial uses, with the exception of the Spring
Street public parking facility, located to the north.
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
e"` with respect to the trend of development standard.
The central portion of the City has developed with a mix of business, residential,
and institutional uses. The subject property is located within the traditional
downtown, which continues on its course of revitalization.
G. Zoning District Standard. The purpose of the CC1 Center City District is to
facilitate the implementation of the official comprehensive plan for the center
city, as focused on a distinctive sub area of the city with a common urban fabric.
The CC1 zoning district provides for a concentration of finance, service, retail,
civic, office, and cultural uses in addition to complementary uses such as hotels,
entertainment and housing. The development standards are intended to encourage
a mix of activity in the area while providing for quality development that
maintains a sense of history, human scale and pedestrian-oriented character.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to
promote and facilitate the implementation of the objectives, policies, and
strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a
zoning overlay district, and accordingly, a property located within the district
shall also be subject to the regulations of the underlying zoning district in which it
is located.
�► 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 the AB and ARC zoning districts.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
With respect to the underlying CC1 Center City District regulations, the
establishment of upper floor apartment dwellings requires conditional use
approval. With the exception of one dwelling unit, all proposed units will meet
the minimum floor area standards for residential units in the CC1 District.
Additionally, the proposed development conforms 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.
edib* 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 conditional use for a
planned development with respect to conformance to the provision for the
purpose and intent of planned developments.
The replacement of the existing 8-unit rooming house with 6 upscale rental
dwelling units within the center city will help further the City's efforts towards
revitalization of the downtown, and will continue to create a desirable 24-hour
presence in the area. The establishment of upscale units 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. Studio apartments have not recently been approved
in the downtown. However, if approved, these units would add to the types of
housing units available 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
Findings. The subject property is suitable for the intended conditional use for a
planned development with respect to the comprehensive plan.
The Riverfront/Center City Plan designates the property as "Downtown District."
This designation recommends that the city encourage the adaptive reuse of
structures and allow higher density, mixed use development.
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 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.
There are no significant features present on this property which are worthy of
preservation.
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 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 Elgin Zoning Ordinance. The applicant
is requesting the following departures from the standard requirements of the CC1 Center
City District:
Section 19.35.535(0) — Floor Area for Upper Floor Dwellings. The zoning ordinance
requires that a studio apartment contain a minimum of 600 square feet in floor area. The
applicant is proposing 565 square feet of floor area for one of the six units.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
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 interior and exterior renovations as proposed
represent a considerable investment in an architecturally significant
building located in the downtown.
2. Conditional Use for a Planned Development. The replacement of the
existing 8-unit rooming house with 6 upscale rental dwelling units within
the center city will help further the City's efforts towards revitalization of
the downtown, and will continue to create a desirable 24-hour presence in
the area. The establishment of upscale units 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. Studio apartments have not
recently been approved in the downtown. However, if approved, these
units would add to the types of housing units available in the downtown.
3. Departures. The zoning ordinance requires that a studio apartment contain
a minimum of 600 square feet in floor area. The applicant is proposing
565 square feet of floor area for one of the six units. The applicant is
requesting this departure in part due to the location of an existing stairwell
which presents a challenge for the applicant to achieve the minimum floor
area requirements of the CC 1 District. The applicant could reduce the
number of units at the expense of the expected return on his investment.
Staff believes that the benefits of this total project provide sufficient
mitigation for the requested departure.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, denial, or an approval with some combination of conditions,
there are no substantive alternatives.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-03 November 19, 2003
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 55-03.
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:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Anthony Sum, dated August 29, 2003.
2. Substantial conformance to the Floor Plan, submitted by Anthony Sum,
dated August 29, 2003.
3. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 55-03 was adopted.
Respectfully Submitted,
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
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