G75-04 01' Ordinance No. G75-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF A PARKING STRUCTURE
IN THE CC1 CENTER CITY DISTRICT
(220 Prairie Street, 219-223 and 247 Fulton Street)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of a building to be used as a parking facility
within the CC1 Center City District at 220 Prairie Street, 219-223 and 247 Fulton 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 July 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 for a planned development which will allow for the
construction of a parking facility within the CC1 Center City District at 220 Prairie Street, 219-223
and 247 Fulton Street and legally described as follows:
A strip of land 33 feet wide through lots 2, 3, 4, 13, 14, and 16 in the block 13 in
the original town plat of the Village of Elgin as laid out by James T. Gifford and
recorded in the Recorder's Office, said strip lying 16.5 feet on each side of the
centerline of the Union Pacific Railroad Company right-of-way as said right-of-
way was constructed and operated through said lots and blocks in the City of
Elgin, County of Kane, State of Illinois. Also, that part of lot 2, 3, and 4 lying
easterly of the easterly right-of-way of the Chicago and Northwestern Railroad 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. Also Lot 6 (except that part described as
follows: beginning at a point on the east line of said lot 6 that is 9.41 feet north of
the southeast corner thereof; thence west 66 feet to a point on the west line of said
lot that is 9.1 feet north of the southwest corner thereof; thence south along said
west line, 9.1 feet to the southwest corner of said lot; thence east on the south line
of said lot, 66 feet to the southeast corner thereof; thence north on the east line of
said lot, 9.41 feet to the point of beginning), all 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.
Also that part of lot 3, 4, and 5 lying westerly of the westerly right-of-way of the
Chicago and Northwestern Railroad in block 13 on the original town of Elgin,
Kane County, Illinois. Also, that part of lot 13 and the easterly 15.74 feet of lot 12
lying westerly of the westerly right-of-way of the Chicago and Northwestern
Railway in block 123 of the original town of Elgin, Kane County, Illinois.
Containing in all 1.47 acres, more or less (property commonly known as 220
Prairie Street, 219-223 and 247 Fulton Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Fulton Street Parking Deck Preliminary Plan,
prepared by Walker Parking Consultants, and dated June 7, 2004, subject to
revisions as required by the Community Development Group and the Engineering
Division.
2. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within two
years from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
e"'' Ed Schoc , - ayor
Presented: August 25, 2004
Passed: August 25, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: August 26, 2004
Published:
Attest:
I, - -
Dolonna Mecum, City Clerk
ruk
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July 21, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 47-04 Requesting a Conditional Use for a Planned Development for the
establishment of a Parking Structure in the CC 1 Center City District;Property Located at 220 Prairie
Street, 219-223 and 247 Fulton Street,by the City of Elgin as Applicant and Owner.
BACKGROUND
Requested Action: Conditional Use for a Planned Development Approval
Current Zoning: CCl Center City District
Existing Use: Commercial Building with Accessory Parking Lot
rProposed Use: Parking Structure
Property Location: 220 Prairie Street, 219-223 and 247 Fulton Street
Applicant/Owner: City of Elgin
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Map (see attached)
E. Site Photos (see attached)
F. Development Plan (see attached)
G. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
r.. Petition 47-04 July 21,2004
BACKGROUND
An application has been filed by the City of Elgin requesting conditional use approval for a parking
structure in the CC1 Center City District. The subject property is located at 220 Prairie Street,219-
223 and 247 Fulton Street (reference Exhibits A, B, C,D and E).
The City of Elgin proposes to construct a public parking structure which contains approximately 580
parking spaces. The proposed structure is located between Prairie and Fulton Streets in downtown
Elgin (reference Exhibits F and G).
It should be noted that the parking lot to the south of the subject property will be removed as part of
the construction of the River Park Place residential subdivision. It is the city's goal to have the
proposed parking facility constructed prior to the removal of the existing parking lot. The city is
currently in the process of awarding a contract for the construction of the new parking structure.The
design of the proposed parking structure has not been finalized.
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 47-04 on July 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. Staff submitted a Conditional Use Review dated July 15, 2004.
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for planned developments:
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography,watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is an irregularly shaped parcel containing approximately 64,033 square
feet of lot area. The property is improved with a two-story masonry commercial building and
a paved vehicle use area.A concrete retaining wall is located near the eastern portion of the
property. There are several mature trees scattered throughout the site.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district 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 zoning district with respect to the
sewer and water standard.
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• Findings of Fact Zoning and Subdivision Hearing Board
Petition 47-04 July 21, 2004
The property will be served by municipal sanitary sewer, storm sewer, and water services.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district 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 zoning district with respect to the
traffic and parking standard.
The subject property is located between Prairie Street and Fulton Street. Both Prairie and
Fulton Streets are local streets serving the east side of Elgin.
The parking facility will be designed to provide safe and efficient on site and off site
vehicular circulation.
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district 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 zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property has been 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
Present: CC1 Center City District
The site is considered to be law nonconforming with respect to the site design requirements
of the CC1 Center City District.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas to the north and west are zoned CC1 and are developed with commercial uses.
The area to the east is zoned CC2 and has developed with commercial uses.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 47-04 July 21,2004
The area to the south is zoned PCC and is developing with the River Park Place residential
subdivision.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The central portion of the City has developed with a mix of business, residential, and
institutional uses, which rely on the availability of adequate public parking facilities. 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 zoning
district 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 CC 1 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.
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 establishment of a parking structure in the center city is consistent with the purpose and
intent of the CC1 District standards in that the adjacent commercial and entertainment uses will
benefit from additional parking spaces added to 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:
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Findings of Fact Zoning and Subdivision Hearing Board
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Petition 47-04 July 21, 2004.
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.
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.
The establishment of a parking structure at this location is allowable as a conditional use.
The proposed parking facility represents an opportunity to better serve the existing and future
parking demands in the downtown. The parking facility will be constructed of quality
masonry building products which will result in an attractive building at this location.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
re- zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The.subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property. is located in the Downtown 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 parking facility
is consistent with the recommendations of the Riverfront/Center City Master Plan, which
identifies the need to provide sufficient parking quantities to meet the needs of existing
business, as well as the needs of new development projects in the downtown.
I. Natural Preservation Standard. The suitability of the subject property for the intended
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 planned development with
respect to the Natural Preservation Standard.
row • There are several mature trees scattered throughout the eastern portion of the site which will
be removed as part of the redevelopment of this site.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development with respect to the land uses permitted within the development being
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 47-04 July 21, 2004
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 planned development with
respect to the internal land use standard.
No evidence has been submitted or found that the proposed planned development will be
located,designed,or operated in a manner that will exercise undue detrimental influence on
itself or surrounding property. The City Staff should seek public input of the design of the
public parking facility.
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:
1. 19.35.535.D—Setbacks-Generally. In the CC1 District,the building shall be built to the
street lot line and the side lot line. However, if a building is setback from a lot line, the
setback shall be a minimum of 5 feet. Additionally, the street facing façade shall cover a
minimum 100% of the lot width. Departures from this requirement may be needed to
facilitate an efficient and attractive design of the parking structure.
2. 19.35.535.E.1.—Street Setback. In the CC1 District, a vehicle use area shall be setback a
minimum of 8 feet from a street lot line.Departures from this requirement may be needed to
facilitate an efficient and attractive design of the parking structure.
3. 19.35.535.E.1.—Interior.Setback.In the CC1 District,a vehicle use area shall be setback a
minimum of 6 feet from an interior lot line.Departures from this requirement maybe needed
to facilitate an efficient and attractive design of the parking structure.
4. 19.35.535.J—Building Height. In the CC1 District,buildings shall fall within 20%of the
average building height found within the block.The average building height on Prairie Street
is approximately 38 feet, and the average building height on Fulton Street is approximately
45 feet. Departures from this requirement may be needed to facilitate an efficient and
attractive design of the parking facility.
rik
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 47-04 July 21, 2004
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 proposed parking facility is consistent with the recommendations of
the Riverfront/Center City Master Plan, which identifies the need to provide sufficient
parking quantities to meet the needs of existing business, as well as the needs of new
development projects in the downtown. The parking facility will be constructed of quality
masonry building products which will result in an attractive parking structure at this location.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
The City Staff should seek public input of the design of the public parking facility.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 47-04. 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 to the Fulton Street Parking Deck Preliminary Plan,
prepared by Walker Parking Consultants,and dated June 7,2004,subject to revisions
as required by the Community Development Group and the Engineering Division.
2. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 47-04 was adopted.
Respectfully submitted:
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
7-4,
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Jan Ward, Secretary
Zoning and Subdivision Hearing Board
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