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G66-06 (2) Ordinance No. G66-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN UPPER FLOOR APARTMENT IN THE CC1 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (13 North State Street) WHEREAS, written application has been made requesting conditional use approval for an upper floor apartment in the CC1 Center City District and the ARC Arterial Road Corridor Overlay District at 13 North State 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 19, 2006, 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 operation of an upper floor apartment in the CC 1 Center City District and the ARC Arterial Road Corridor Overlay District at 13 North State Street and legally described as follows: Lot 3 in Block 23 of the WC Kimball's Plat of West Elgin, in the City of Elgin, Kane County, Illinois (property commonly known as 13 North State Street) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the letter prepared by Kenneth Kresmery, Kresmery & Associates., undated. 2. Substantial conformance to the proposed 2nd Floor Plan, submitted by Kenneth Kresmery, undated. 3. All existing glass block windows shall be replaced with new double hung windows. 4. A second fire exit shall be provided for the upper story apartment. �► 5. A first floor fire exit shall be provided at the rear of the building. 6. Compliance with all other 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. Ed Schock, Mayor Presented: August 23, 2006 Passed: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 24, 2006 Published: Attest: elk ptc., Dolonna Mecum, City Clerk • July 19, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 37-06 Requesting Conditional Use Approval in the CC1 Center City District and the ARC Arterial Road Corridor Overlay District,to Permit an Upper Floor Apartment; Property Located at 13 North State Street by Kenneth Kresmery,as Applicant,and Land Trust 4927 NBD Trust Company of Illinois, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District ARC Arterial Road Corridor Overlay District Existing Use: First Floor Insurance and Office and Second Floor Vacant Proposed Use: Upper Floor Apartment Property Location: 13 North State Street Applicant: Kenneth Kresmery Owner: Land Trust 4927 NBD Trust Company of Illinois Staff Coordinator: Denise Momodu, 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) rE. Environmental Map (see attached) Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 F. Site Photos (see attached) G. Statement of Purpose and Conformance (see enclosed) H. Draft Conditional Use Ordinance (see attached) I. Standards for Conditional Use (see attached) BACKGROUND An application has been filed by Kenneth Kresmery, requesting a conditional use in the CC1 City • Center District to permit an upper floor dwelling. The subject property is located at 13 North State Street. The applicant proposes to renovate the existing second floor office space for use as an upper floor apartment dwelling. The proposed apartment will contain 1,200 square feet of floor area. The apartment will be occupied by the manager of the business on the first floor. Upper floor apartment dwellings require conditional use approval in the CC1 Center City District. GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 37-06 on July 19, 2006. The applicant testified at the public hearing.No objectors spoke at the public hearing. No written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review, dated July 14, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Characteristics Standard. The suitability of the subject property for the intended 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 a regularly shaped parcel consisting of 1,331 square feet of lot area. The property is improved with a two story 2,400 square foot structure with a basement. 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 municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use for a planned 2 , Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 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 intended conditional use for a planned development with respect to the traffic and parking standard. The subject property is located along North State Street(State Route 31),between Highland Avenue and East Chicago Street. All three roads are arterial streets serving the east and west sides of Elgin. Land uses within the CC1 Center City District are not required to provide off street parking. D. Zoning History Standard. The suitability of the subject property 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. elk 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: H-Industrial District 1950: G-Industrial District 1960: G-Industrial District 1961: G-Industrial District . 1962: B-3 Service Business District 1992: B-3 Service Business District Present: CC1 Center City District ARC Arterial Road Corridor Overlay District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. 3 Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 The subject property is located on the west edge of the center city. The areas located to the north,south,east and west are zoned CC1 Center City District and are developed with a mix of offices, retail, commercial service uses, restaurants, services, industrial land uses and upper floor apartment dwellings. The Metra Railroad right of way and Pace bus stop is located directly east of the subject property. F. 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. 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,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 subarea 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. elk 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. As no building additions or exterior building modifications are contemplated as part of this conditional use approval request, the requirements of the ARC District do not apply. The introduction of 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.The increase in residents in the center city will help to sustain the commercial component of the existing downtown, and will likely create opportunities for future commercial development to serve the residential community in the downtown. G. Comprehensive Plan Standard. The suitability of the subject property for the intended 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 rik Comprehensive Plan Standard. 4 , Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 rik The subject property is designated as "Community Mixed-Use Center" by the City's Comprehensive Plan and Design Guidelines dated 2005. Downtown Elgin functions as a unique community mixed-use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential, employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian, bicycle, transit and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. Buildings and structures of historic or architectural value are maintained in active service, where feasible. The proposed upper floor apartment is consistent with this designation. 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 is suitable for the intended conditional use with respect to it being located,designed, and operated so as to promote the purpose and intend of the zoning ordinance. The purpose and intent of the provisions for a conditional use are to recognize that there are certain uses with unique characteristics and unusual impacts on the surrounding property, rubk which cannot be properly classified in any particular zoning district without individual review and consideration. An upper floor apartment is classified as a conditional use in the CC1 Center City District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. No evidence has been found that the proposed upper floor will create any undue detrimental influence on itself or the surrounding property. SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Community Development Group has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. 1) Zoning District. The introduction of 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. The increase in residents in the center city will help to sustain the commercial component of the existing downtown,and will likely create opportunities rak for future commercial development to serve the residential community in the downtown. 5 . Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 eibk 2) Location, Design and Operation. An upper floor apartment is classified as a conditional use in the CC1 Center City District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. No evidence has been found that the proposed upper floor will create any undue detrimental influence on itself or the surrounding property. 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. DECISION On a motion to recommend approval, subject to the following conditions, the vote was five(5)yes and zero (0)no: 1. Substantial conformance to the letter prepared by Kenneth Kresmery, Kresmery & Associates., undated. 2. Substantial conformance to the proposed 2nd Floor Plan, submitted by Kenneth Kresmery, undated. 3. All existing glass block windows shall be replaced with new double hung windows. 4. A second fire exit shall be provided for the upper story apartment. 5. A first floor fire exit shall be provided at the rear of the building. 6. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully submitted, &)i Robert Langlois, Chaifman Zoning and Subdivision Hearing Board 6 Findings of Fact Zoning and Subdivision Board Petition 37-06 July 19, 2006 (jT/11 (c Mit,(04 Denise Momodu, Secretary Zoning and Subdivision Hearing Board • rib4 r 7