G63-04 ebk Ordinance No. G63-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING IN THE
CC2 CENTER CITY DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(233 Dundee Avenue)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of a commercial building within the CC2 Center
City District and the ARC Arterial Road Corridor Overlay District at 233 Dundee Avenue; 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 June 2, 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 for a planned development which will allow for the
construction of a commercial building within the CC2 Center City District and the ARC Arterial
Road Corridor Overlay District at 233 Dundee Avenue and legally described as follows:
Parcel one: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball,
Sr's Addition to Elgin, in the City of Elgin, Kane County, Illinois.
Parcel two: That part of lot 28 of b. W. Raymond's addition to Elgin,
described as follows: commencing at the northeast corner of said lot; thence south
along the east line of said lot, 116.82 feet; thence west, parallel with the north line
of said lot, 212.50 feet to the east line of Dundee Avenue; thence northeasterly
along said east line, 79.25 feet to the point of beginning; thence northeasterly
along said east line to the northwest corner of said lot; thence east along said north
line, 53.78 feet to the northeast corner of said lot; thence south along the east line
of said lot, 52 feet ; thence west 179.93 feet to the point of beginning, in the city
of Elgin, Kane County, Illinois.
Parcel three: That part of lot 28 of b. W. Raymond's addition to Elgin
described as follows: commencing at a point in the east line of said lot, 52 feet
south of the northeast corner thereof; thence south on said east line, 64.82 feet;
thence west, parallel with the north line of said lot, 212.50 feet to the east line of
Dundee Avenue; thence in a northeasterly direction along said east line of Dundee
Avenue, 72.95 feet; thence east, 179.93 feet to the point of beginning, in the city
of Elgin, Kane County, Illinois (property commonly known as 233 Dundee
Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose, Conformance and
Departures, prepared by George Evangelopolis, dated February 18, 2004.
2. Substantial conformance to the Development Plan, including sheets SP-1, SP-2,
SP-3, A-1, A-2, prepared by GEA Architects, dated July 22, 2003, including the
provision of the following, which will be subject to review and approval of staff:
a. The store fronts adjacent to Dundee Avenue shall be designed to have
usable entryways for pedestrians during business hours and the windows
along Dundee Avenue shall be designed to provide a display area.
b. The trash enclosure shall be constructed of building materials which are
similar to the principal building.
c. Amenities such as a bike rack and decorative garbage cans shall be
provided on site, subject to the approval of the Development
Administrator.
rik 3. Substantial conformance with the Color Renderin g for the Premier Center,
prepared by GEA Architects and Comar Properties, undated.
4. The applicant shall submit a lighting plan which details the proposed lighting
design. All lighting fixtures located on site shall be decorative in nature and shall
complement the existing street lighting located on Kimball Street.
5. The following list shall be the list of allowable permitted, conditional and similar
land uses for the subject property:
A. Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use:
1. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning lot"
[SR] containing less than two (2) acres of land.
2. Offices Division:
"Offices" [SR] (UNCL).
3. Finance, Insurance, And Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
4. Services Division:
Advertising(731).
Barbershops (724).
Beauty shops (723).
Commercial, economic, sociological and educational research
(8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer-
related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Home health care services (808).
Legal services (811).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
r'* News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Watch, clock and jewelry repair(763).
5. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware and garden supply(52).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
6. Agricultural Division:
Landscape counseling and planning (0781).
7. Construction Division:
"Contractors office and equipment areas" [SR] (UNCL).
8. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators'offices (413).
Local and suburban passenger transportation operators' offices
(411).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators'offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators'offices (415).
Taxicab operators'offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission, and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
9. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the uses allowed in the
zoning district, subject to the provisions of section 19.12.500 of
this title, accessory structures and buildings.
"Accessory uses" [SR] (UNCL) to the uses allowed in the zoning
district, subject to the provisions of section 19.10.400 of this title,
permitted, conditional, and similar land uses.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of chapter
19.45 of this title, off-street parking.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of
this title, signs.
"Storage Tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the CC2 center city district:
2. Municipal Services Division:
"Municipal facilities" [SR] (UNCL) on a zoning lot [SR]
containing less than two (2) acres of land.
3. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
4. Finance, Insurance, and Real Estate Division:
Check cashing agencies (6099).
5. Services Division:
Amusement parks (7996).
Arenas, sports fields and stadiums (UNCL).
Automotive renting and leasing without drivers (751).
Ballrooms (7911).
"Bed and breakfast inns" [SR] (7011).
Billiard parlors (7999).
Bingo parlors (7999).
rik Bowling centers (7933).
Carpet and upholstery cleaning agents without plants on the
premises (7217).
"Car washes" [SR] (7542).
Child daycare services (835).
Churches, convents, monasteries, and temples (8661).
Coin-operated amusement establishments (7993).
Coin-operated laundries and dry cleaning (7215).
Colleges, universities, professional schools and junior colleges
(822).
Dance halls (7911).
Dance studios and schools (791).
Discotheques (7911).
Fortunetellers (7999).
Funeral service (726).
Garment pressing, and agents for laundries and dry cleaners
(7212).
"Home child day care services" [SR] (8351).
"Hotels and motels" [SR] (701).
Individual and family social services (832).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
rk Libraries (823).
Massage parlors (7299).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified (7299).
Motion picture theaters (7832).
Museums, art galleries, and botanical and zoological gardens
(841).
Organization hotels and lodging houses, on membership basis
(704).
Other schools and educational services (829).
Personnel supply services (736).
Photofinishing laboratories (7384).
Pool parlors (7999).
Power laundries (7211).
Refrigerator and air-conditioning service and repair(7623).
Reupholstery and furniture repair(764).
Sporting and recreational camps (7032).
Steam baths (7299).
Tattoo parlors (7299).
"Teen Clubs" [SR] (UNCL).
Testing laboratories (8734).
Turkish baths (7299).
Vocational schools (824).
6. Retail Trade Division:
Automatic merchandising machine operators (5962).
Carryout restaurants (5812).
Catalog and mail-order houses (5961).
Convenience food stores, operated on a twenty four(24) hour basis
(5411).
Drinking places (alcoholic beverages) (5813).
Firearms sales (5941).
Food stores (54).
"Outdoor eating and drinking facilities" [SR] (UNCL).
"Package liquor sales establishments" [SR] (5921).
Tobacco stores (5993).
Used merchandise stores (593).
7. Agricultural Division:
Dog grooming (0752).
Farm labor and management services (076).
"Kennels" [SR] (0752).
Veterinary services for household pets (0742).
8. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
9. Transportation, Communication, And Utilities Division:
rhs "Conditional Commercial Antenna Tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Packing and crating(4783).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation (44).
10. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the CC2 center city district, subject to the provisions of
section 19.12.500 of this title, accessory structures and buildings.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the CC2 center city district, subject to the provisions of section
19.10.400 of this title, permitted, conditional, and similar land
uses.
"Drive through facilities" [SR] (UNCL), subject to the provisions
of chapter 19.45 of this title, off-street parking.
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the district, subject to the provisions of chapter 19.47 of
this title, off-street loading.
"Master signage plan" [SR], subject to the provisions of chapter
19.50, signs.
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (UNCL) as a "principal use" [SR], subject to
the provisions of this chapter and chapter 19.45, off-street parking.
"Parking structures" [SR] (UNCL) as a "principal use" [SR] or
"accessory" [SR] to a use allowed in the zoning district, subject to
the provisions of this chapter and chapter 19.45, off-street parking.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of chapter
19.60 of this title, planned developments.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the CC2 center
city district or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this title, classification of land uses:
1. Services Division:
Amusement and recreational services, not elsewhere classified
(7999).
Automotive services (7549).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified
(809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified(899).
Social services not elsewhere classified (839).
2. Transportation, Communication, and Utilities Division:
Transportation services not elsewhere classified (4789).
6. Substantial conformance to the Retaining Wall Finish Example for the Premier
Center, and dated May 27, 2004.
7. 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: July 14, 2004
Passed: : July 14, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: July 15, 2004
Published:
Attest:
/1\-eu..(4,-,-
Dolonna Mecum, City Clerk
r
June 2, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 17-04 Requesting a Conditional Use for a Planned Development to Permit
the Construction of a New Building in the CC2 Center City District and the ARC Arterial Road
Corridor; Property Located at 233 Dundee Avenue, by GEA Architects as Applicant, and Comar
Properties, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC2 Center City District
ARC Arterial Road Corridor District
Existing Use: Vacant
Proposed Use: Multi-tenant Commercial Building
Property Location: 233 Dundee Avenue
Applicant: CEA Architects
Owner: Comar 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)
elk
E. Site Photos (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
F. Statement of Purpose and Conformance (see attached)
G. Draft Conditional Use Ordinance (see attached)
H. Correspondence (see attached)
BACKGROUND
An application has been filed by CEA Architects, requesting a conditional use for a planned
development.The subject property is located at 233 Dundee Avenue(reference Exhibits A,B,C,D,
and E).
The applicant proposes to build a new 10,139 square foot multiple tenant commercial building. The
proposed building will be constructed of a combination of masonry materials and EIFS. A
decorative stone retaining wall finished with an ornamental fence will be located along the Dundee
Avenue street frontage. Conditional use approval is required for all new buildings within the ARC
Arterial Road Corridor District which contain more than 1,000 square feet of building coverage
(reference Exhibits F, G, and H).
e
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 17-04 on June 2, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application.No public testimony was
presented at the public hearing. Staff submitted a Conditional Use Review dated May 14, 2004.
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 for a planned development, with respect to its size, shape and any existing
improvements.
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 consisting of approximately 35,270
square feet of lot area. There are no existing improvements on the subject property.
2
Findings of Fact Zoning and Subdivision Hearing 1.114' Petition 17-04 June 2, 2004
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 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 proposed planned development with
respect to the traffic and parking standard.
The subject property is located at the northeast corner of the intersection of Dundee Avenue
and Kimball Street. Both Dundee Avenue and Kimball Streets are arterial streets serving the
east side of Elgin.
Two points of access to the site are proposed; one from Dundee Avenue and one from
Kimball Street. Off street parking will be 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.
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
1962: B3 Service Business
1992: B3 Service Business
Present: CC2 Center City District
ARC Arterial Road Corridor Overlay District
3
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
The subject property was granted a variation from the site design requirements of the CC2
District in March, 2000, to permit the construction of a commercial building containing
14,232 square feet of floor area.The applicant chose not to proceed with the approved plans.
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 subject property is located at the far northeastern edge of the center city. The areas
located to the south and west are zoned CC2 Center City District. The areas to the north and
east of the subject property are zoned CF Community Facility District and are developed
with educational and residential uses.
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.
elik‘ Findings: The subject property may be suitable for the proposed planned development 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 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 CC2 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 development standards are
intended to promote a transition between the more intense development in the CC1 zoning
district and the residential neighborhoods surrounding the center city.
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
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 commercial center is in substantial conformance with the purpose and intent of
the CC2 district. The applicant has designed the site in a manner that substantially conforms
to the site design requirements of the CC2 District. The topography of the site necessitates
the use of retaining walls, which limits the applicant's ability to meet the zero building
setback requirements of the CC2 district.
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:
t 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 may be 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.
The proposed planned development is in substantial conformance with the purpose and intent
of the planned development and arterial road corridor provisions. The proposed building is
designed in an urban style,using quality building materials which will increase the building's
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
appeal.The building will be positioned close to the street,which encourages pedestrian use.
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 maybe 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. Additionally, the Riverfront/Center City Master Plan
designates the property as a"Commercial Transition District." This designation recommends
that development should complement the goals and character of the Center City and
adjoining neighborhoods,and should include good urban design principles. In particular,the
Riverfront/Center City Plan recommends that development at this intersection"should set
the tone for development standards for the district as well as demonstrate the character for
downtown development." The proposed planned development has been designed in
conformance with these objectives.
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.
The subject property has significant topography at the eastern portion of the site.In order for
this site to be developed as proposed, a retaining wall will need to be constructed at the east
and west property lines.
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.
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.
6
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
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:
1. 19.35.735 (D)Setbacks; Generally. In the CC2 Center City District,no building setbacks
from a street lot line shall be permitted except as approved within a planned development.
The applicant is proposing a building setback ranging from 5.5 feet from Kimball Street to 6
feet from Dundee Avenue, a 100 percent departure.
2. 19.35.735(D)Facade Width. In the CC2 Center City District,the street-facing façade of a
building shall cover a minimum sixty percent of the lot width. The applicant is proposing a
minimum facade width ratio of 37 percent on Kimball Street, a 38 percent departure.
3. 19.35.735(J)Minimum Building Coverage. In the CC2 Center City District,the minimum
allowable building coverage is 50 percent of the lot area. The applicant is proposing a
minimum building coverage of 24 percent, a 52 percent departure.
rik 4. 19.35.735(M)Ground Level Storefront; Transparency. In the CC2 Center City District,
ground level store fronts shall include transparent glazing covering a minimum of 60 percent
of the storefront facade. The applicant is proposing 30 percent transparency on Kimball
Street, a 50 percent departure.
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 proposed development of the subject property will be
considered an amenity at a prominent intersection within the downtown. The
proposed building will be located close to the street lot lines,which is consistent with
the Riverfront/Center City Master Plan, as well as current site design regulations for
the downtown. The building will also feature amenities which are consistent with
recent improvements downtown, such as a retaining wall and fence (adjacent to
Dundee Avenue)which will be constructed of similar materials used in the riverfront
improvements.
7
Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
2. Planned Development. The proposed planned development is in substantial
conformance with the purpose and intent of the planned development and arterial
road corridor provisions. The proposed building is designed in an urban style,using
quality building materials which will increase the building's appeal. The building
will be positioned close to the street, which encourages pedestrian use.
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 17-04.On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
l was six (6) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose, Conformance and
Departures,prepared by George Evangelopolis, dated February 18, 2004.
2. Substantial conformance to the Development Plan,including sheets SP-1,SP-2,SP-
3, A-1, A-2, prepared by GEA Architects, dated July 22, 2003, with the following
revisions which will be subject to review and approval of staff:
a. The store fronts adjacent to Dundee Avenue shall be designed to have usable
entryways for pedestrians during business hours and the windows along
Dundee Avenue shall be designed to provide a display area.
b. The trash enclosure shall be constructed of building materials which are
similar to the principal building.
c. Amenities such as a bike rack and decorative garbage cans shall be provided
on site, subject to the approval of the Development Administrator.
3. Substantial conformance with the Color Rendering for the Premier Center,prepared
by GEA Architects and Comar Properties, undated.
4. The applicant shall submit a lighting plan which details the proposed lighting design.
All lighting fixtures located on site shall be decorative in nature and shall
complement the existing street lighting located on Kimball Street.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
5. The following list shall be the list of allowable permitted, conditional and similar
land uses for the subject property:
A. Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use:
1. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a"zoning lot" [SR]
containing less than two (2) acres of land.
2. Offices Division:
"Offices" [SR] (UNCL).
3. Finance, Insurance, And Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate(H).
4. Services Division:
Advertising(731).
Barbershops (724).
Beauty shops (723).
Commercial,economic,sociological and educational research(8732).
Commercial,physical, and biological research (8731).
Computer programming,data processing and other computer-related
services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting,research,management and related services
(87).
Home health care services (808).
Legal services (811).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Photographic studios,portrait (722).
Physical fitness facilities (7991).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Watch, clock and jewelry repair(763).
5. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware and garden supply(52).
Direct selling establishments (5963).
Drugstores and proprietary stores (591).
Eating places (5812).
rik Florists (5992).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
6. Agricultural Division:
Landscape counseling and planning (0781).
7. Construction Division:
"Contractors office and equipment areas" [SR] (UNCL).
8. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators'offices(411).
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission, and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
9. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the uses allowed in the
zoning district, subject to the provisions of section 19.12.500 of this
title, accessory structures and buildings.
"Accessory uses" [SR] (UNCL) to the uses allowed in the zoning
district, subject to the provisions of section 19.10.400 of this title,
permitted, conditional, and similar land uses.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of chapter
19.45 of this title, off-street parking.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of
this title, signs.
"Storage Tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses:The following enumerated land uses shall be the only land
uses allowed as a conditional use in the CC2 center city district:
2. Municipal Services Division:
"Municipal facilities" [SR] (UNCL)on a zoning lot [SR] containing
less than two (2) acres of land.
3. Public Administration Division:
Public administration(J)on a zoning lot containing less than two(2)
acres of land.
4. Finance, Insurance, and Real Estate Division:
Check cashing agencies (6099).
5. Services Division:
Amusement parks (7996).
Arenas, sports fields and stadiums (UNCL).
Automotive renting and leasing without drivers (751).
Ballrooms (7911).
"Bed and breakfast inns" [SR] (7011).
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
Billiard parlors (7999).
Bingo parlors (7999).
Bowling centers (7933).
Carpet and upholstery cleaning agents without plants on the premises
(7217).
"Car washes" [SR] (7542).
Child daycare services (835).
Churches, convents, monasteries, and temples (8661).
Coin-operated amusement establishments (7993).
Coin-operated laundries and dry cleaning(7215).
Colleges,universities,professional schools and junior colleges(822).
Dance halls (7911).
Dance studios and schools (791).
Discotheques (7911).
Fortunetellers (7999).
Funeral service(726).
Garment pressing, and agents for laundries and dry cleaners (7212).
"Home child day care services" [SR] (8351).
"Hotels and motels" [SR] (701).
rIndividual and family social services (832).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
Libraries (823).
Massage parlors (7299).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified(7299).
Motion picture theaters (7832).
Museums, art galleries, and botanical and zoological gardens (841).
Organization hotels and lodging houses,on membership basis(704).
Other schools and educational services (829).
Personnel supply services (736).
Photofinishing laboratories (7384).
Pool parlors (7999).
Power laundries (7211).
Refrigerator and air-conditioning service and repair(7623).
Reupholstery and furniture repair(764).
Sporting and recreational camps (7032).
Steam baths (7299).
Tattoo parlors (7299).
"Teen Clubs" [SR] (UNCL).
Testing laboratories (8734).
Turkish baths (7299).
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Findings of Fact Zoning and Subdivision Hearing Board
,.. Petition 17-04 June 2, 2004
Vocational schools (824).
6. Retail Trade Division:
Automatic merchandising machine operators (5962).
Carryout restaurants (5812).
Catalog and mail-order houses (5961).
Convenience food stores, operated on a twenty four(24) hour basis
(5411).
Drinking places (alcoholic beverages) (5813).
Firearms sales (5941).
Food stores (54).
"Outdoor eating and drinking facilities" [SR] (UNCL).
"Package liquor sales establishments" [SR] (5921).
Tobacco stores (5993).
Used merchandise stores (593).
7. Agricultural Division:
Dog grooming(0752).
Farm labor and management services (076).
"Kennels" [SR] (0752).
Veterinary services for household pets (0742).
8. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
9. Transportation, Communication, And Utilities Division:
"Conditional Commercial Antenna Tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Packing and crating (4783).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings,towers,exchanges,substations,regulators"[SR]
(UNCL).
Water transportation (44).
10. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL)to the conditional uses allowed
in the CC2 center city district, subject to the provisions of section
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Findings of Fact Zoning and Subdivision Hearing Board
,.., Petition 17-04 June 2, 2004
19.12.500 of this title, accessory structures and buildings.
"Accessory uses" [SR] (UNCL)to the conditional uses allowed in the
CC2 center city district,subject to the provisions of section 19.10.400
of this title,permitted, conditional, and similar land uses.
"Drive through facilities" [SR] (UNCL), subject to the provisions of
chapter 19.45 of this title, off-street parking.
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the district, subject to the provisions of chapter 19.47 of
this title, off-street loading.
"Master signage plan" [SR], subject to the provisions of chapter
19.50, signs.
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (UNCL)as a"principal use" [SR], subject to the
provisions of this chapter and chapter 19.45, off-street parking.
"Parking structures" [SR] (UNCL) as a "principal use" [SR] or
"accessory" [SR] to a use allowed in the zoning district,subject to the
provisions of this chapter and chapter 19.45, off-street parking.
"Planned developments"[SR](UNCL)on a zoning lot containing less
than two (2) acres of land, subject to the provisions of chapter 19.60
of this title, planned developments.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the CC2 center city
district or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this title, classification of land uses:
1. Services Division:
Amusement and recreational services, not elsewhere classified
(7999).
Automotive services (7549).
Business services not elsewhere classified(7389).
Laundry and garment services not elsewhere classified(7219).
Miscellaneous health and allied services not elsewhere classified
(809).
Miscellaneous personal services not elsewhere classified(7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Transportation, Communication, and Utilities Division:
Transportation services not elsewhere classified (4789).
6. Substantial conformance to the Retaining Wall Finish Example for the Premier
Center, and dated May 27, 2004.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 17-04 June 2, 2004
7. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 17-04 was adopted.
Dan Weiler, Chairman Pro Tem
Zoning and Subdivision Hearing Board
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
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