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G55-04 rik Ordinance No. G55-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR UPPER FLOOR APARTMENT DWELLINGS IN THE CC1 CENTER CITY DISTRICT (210-212 Prairie Street) WHEREAS, written application has been made requesting conditional use approval for upper floor apartment dwellings in the CC 1 Center City District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the Findings of Fact 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 April 21, 2004, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of upper floor apartment dwellings in the CC1 Center City District at 210-212 Prairie Street and legally described as follows: Lot 11 (except the easterly 2 feet, 6 %z inches) in block 13 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 210-212 Prairie Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by William M. Brown, dated March 26, 2004. 2. Substantial conformance to the Building Elevation as Recommended by Staff, dated April 19, 2004. 3. Substantial conformance to the Second Floor Plan, prepared by William M. Brown, dated March 8, 2004. 4. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. :ee;C/ar.-2 Ed Schock, Mayor Presented: May 26, 2004 Passed: May 26, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 27, 2004 Published: Attest: • Dolonna Mecum, Cit Clerk rik April 21,2004 eglw FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 25-04 Requesting Conditional Use Approval for Upper Floor Apartment Dwellings in the CC1 Center City District; Property Located at 210-212 Prairie Street,by William M. Brown, as Applicant and Aidan Monahan, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: First Floor Vacant Commercial Space Vacant Second Floor rProperty Location: 210-212 Prairie Street Applicant: William M. Brown Owner: Aidan Monahan 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. Development Plan (see attached) Exhibit A 1 Findings of Fact Zoning and Subdivision Hearing Board Petition 25-04 April 21, 2004 H. Draft Conditional Use Ordinance (see attached) I. Correspondence (see attached) BACKGROUND An application has been filed by William M. Brown requesting conditional use approval for upper floor apartment dwellings in the CC1 Center City District.The subject property is located at 210-212 Prairie Street (reference Exhibits A-E). The existing building contains a commercial space on the ground floor,and an area which previously contained 8 apartments on the second floor. The applicant proposes to renovate second floor of the existing building and establish 6 upscale 2 bedroom apartment rental units. Each unit will contain between 1,120 and 1,240 square feet of floor area,and will include such amenities as granite counter tops,master bathrooms with whirlpool tubs and separate showers,hardwood and ceramic tile floors, wood trim around the windows and doors, and new windows. The monthly rent is anticipated to range from$1200 to$1400 per month. The applicant also proposes to renovate the first floor of the building, as well as the façade. Upper floor apartment dwellings require conditional use approval in the CC1 Center City District (reference Exhibits F - I). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 25-04 on April 21, 2004. The applicant testified at the public hearing and presented documentary evidence in support of the application. Public testimony was presented at the public hearing. Written correspondence has been submitted. Staff submitted a Conditional Use Review dated April 14, 2004. A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927: E Commercial 1950: E Commercial 1960: E Commercial 1962: B2 Service Business District 1992: B2 Service Business District ellbk Present: CC1 Center City District The building previously contained 8 lawful,nonconforming upper floor apartment dwellings. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 25-04 April 21, 2004 Recently, those units were abandoned. Conditional use approval is required if upper floor apartment dwellings are to be re-established at the subject property. B. Surrounding Land Use and Zoning Findings. The properties located to the north, east, and west are zoned CC 1 and are developed with commercial uses.The property to the south is zoned PCC Planned Center City District and is developed with a public parking lot and open space. This area is the subject property of the proposed River Park Place residential subdivision. C. Trend of Development Findings.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. D. Zoning District Findings. 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. E. 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 8,400 square feet of lot area. The property is improved with a two-story commercial building containing 15,840 square feet of floor area,and a small paved walkway located just west of the building. F. 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. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 25-04 April 21, 2004 G. 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 Prairie Street. Prairie Street is a local street serving the east side of Elgin. Off street parking will be provided in conformance with the off street parking ordinance. Land uses within the CC 1 Center City District are not required to provide off street parking. However, the tenants could possibly lease parking space within a nearby public parking facility. H. Location,Design,and Operation Standard.The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property may be suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The proposed renovation of this building will create upscale apartment dwellings and viable commercial space in a building which is currently underutilized. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes. The introduction of upscale dwelling units within the center city will help further the City's efforts towards revitalization of the downtown. The proposed renovation of this building's second floor will provide an opportunity to bring residents into the downtown and will help to establish a desirable 24-hour presence in the area, as 4 Findings of Fact Zoning and Subdivision Hearing Board rib Petition 25-04 April 21, 2004 recommended by the Riverfront/ Center City Master Plan. The increase in residents in the center city will help to sustain the commercial component ofthe existing downtown,and will likely create opportunities for future commercial development to serve the residential community in the downtown. Additionally, the applicant will be making significant improvements to the first floor and exterior of the building, thereby creating an attractive commercial building at this highly visible location in the downtown. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. f RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 25-04. 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 William M. Brown, dated March 26, 2004. 2. Substantial conformance to the Building Elevation as Recommended by Staff,dated April 19, 2004. 3. Substantial conformance to the Second Floor Plan,prepared by William M.Brown, dated March 8, 2004. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 25-04 was adopted. r 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 25-04 April 21,2004 Respectfully submitted: • Atf C hA Dan Weiler, airman Pro Tem Zoning and Subdivision Hearing Board a ren Pruss, Secretary Zoning and Subdivision Hearing Board r . 6