G30-10 (2) Ordinance No. G30-10
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
IN THE CC1 CENTER CITY DISTRICT
(51 South Spring Street)
WHEREAS, written application has been made requesting conditional use approval for a
planned development in the CC1 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 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 May 5, 2010, 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 Adaptive Use of an Existing Building
rand Construction of a New Building to Provide for a Mixed Use Residential and Retail
Development in the CC 1 Center City District at 51 South Spring Street legally described as
follows:
Lots 7, 8, 9 and 10, and that part of Lots 5, 6, 11 and 12 Lying Southwesterly of the
Southwesterly Right-Of-Way Line of the Chicago and Northwestern Railway Company,
All In Block 12 of the Original Town of Elgin, Kane County, Illinois, Including All
Improvements and Structures Thereon (Property Commonly known as 51 South Spring
Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Artspace Projects, Inc. dated received April 28, 2010.
2. Substantial Conformance to the following exhibits submitted by Artspace Projects, Inc.
prepared by BKV Group dated April 28, 2010 and per the comments and revisions of the
Community Development Group.
a. Title sheet
b. Plat of survey
c. Site and landscape plan
d. First, second, third floor floorplans
e. Exterior building elevations
f. Arts Quarter Lofts project sheet
g. Blue project sheet
h. Carleton Place Artist Lofts project sheet
i. The Lyricat Carleton Place project sheet
j. Eitel Building City Apartments project sheet
3. The parking lot to the east proposed to be developed by Artspace Projects, Inc. shall be
designed with landscape materials and features that conform to the City's site design and
landscape requirements.
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.
d Schock, Mayor
Presented: June 23, 2010
Passed: June 23, 2010 o F
Omnibus Vote: Yeas: 6 Nays: 0 � EC'
Recorded: June 24, 2010 �- Z
Published: June 25, 2010
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Attest:
Tip
Diane Robertson, Cit Clerk
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May 5, 2010
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FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 08-10 Requesting a Conditional Use for a Planned Development in the
CC1 Center City District,to Permit the Adaptive Use of an Existing Building and Construction of a
New Building_to Provide for a Mixed Use Residential and Retail Development;Property Located at
51 South Spring Street,by Artspace Projects,Inc.as Applicant,and Community College District No.
509, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use for a Planned Development
Current Zoning: CC1 Center City District
rok Existing Use: Community College
Property Location: 51 South Spring Street
Applicant: Artspace Projects, Inc.
Owner: Community College District No. 509
Staff Coordinator: Dave Waden, Senior 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. Environmental Photo (see attached)
F. Site Photos (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Artspace Projects, Inc. requesting a conditional use for a planned
development in the CC1 Center City District to permit the adaptive use of an existing building and
construction of a new building to provide for a mixed use residential and retail development. The
property is located at 51 South Spring Street. (Reference Exhibits A, B, C, D, and E).
The applicant is proposing to establish a new, affordable live/work space for artistically creative
individuals and their families. The project will establish 55 new rental residential units and
approximately 6,051 square feet of first floor retail space located along Spring Street. The
development will involve the adaptive use of the existing building built in 1908,demolition of a later
addition to the south, and construction of a new three-story building along the southerly portion of
the property(Reference Exhibits F, G, H and I).
The applicant needs conditional use approval for this use to be allowed in the CC1 Center City
District. The purpose and intent of the provisions for conditional use approval is to recognize that
there are certain uses which cannot be properly classified without individual review and
consideration
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 08-10 on May 5, 2010. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
present. The Community Development Group submitted a Conditional Use Review dated April 29,
2010.
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
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5,2010
Findings.The subject property is suitable for the intended conditional use with respect to the
site characteristics standard.
The subject property consisting of approximately 1.2 acres is located within the Center City
District, and contains one building with and addition, both connected by a staircase and
elevator.The two story north wing was constructed in 1908 as Swan's Department Store.The
two story South wing was constructed in 1948. A paved vehicle use area is located at the
southwest corner of the property.
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 project is bounded on the north by Du Page Street,on the south by Fulton Street.To the
west is South Spring Street.These are local roads that serve the subject property and form the
basis of the urban grid that has been established within the city.
To the east is railroad right of way owned by the Union Pacific Railroad Company.
Off-street parking is not required to be provided in the CC1 district.However,the applicant
is proposing to enter into a development agreement with the City of Elgin to provide
dedicated parking on a lot located east of the subject property.
D. Zoning History Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
1927: E Commercial District
1950: E Commercial District
1960: D Commercial District
1962: B2 Central Business District
1992: B2 Central Business District
Present: CC 1 Center City
Center City Preservation Overlay Zoning District
The subject property was part of the original plat of Elgin that was laid out in 1842 by James
Gifford. The property was reclassified in 1992 to CC1 Central District as part of a
comprehensive amendment to the zoning ordinance. In 2000,the property was included with
the Center City Preservation Overlay Zoning District. The original building on the property
was constructed in 1908 and used as a department store.Elgin Community College acquired
the building in 1982.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended conditional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The areas surrounding the subject property are zoned CC1 Center City District and developed
with a mix of commercial and residential uses.
The property to the south is developed with a city owned parking structure and surface lot.
F. Trend of Development Standard. The suitability of the subject property for the intended
conditional use 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 intended conditional use with respect to
the trend of development standard.
The subject property is located in an area that is developed with a mix of commercial,
residential and service related uses.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
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G. Zoning District Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped n
unused in its current zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
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 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 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.
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 and with respect to the
provisions of Section 19.65.010 of the Zoning Ordinance.
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:
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 zoning district with respect to
conformance to the provision for the purpose and intent, and the location and size of a CC1
Center City District.
The applicant is proposing the adaptive use of the existing building built in 1908,demolition
of the building addition to the south,and construction of a new three-story building along the
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
southerly portion of the property. The project will establish 55 new rental residential
units and approximately 6,051 square feet of first floor retail space located along Spring
Street. The project will include a private cloistered courtyard that will contain a tot lot,
rain gardens, and space for art exhibits and sculpture. The project will also meet the Illinois
Housing Development Association's Green Housing Initiative.
The project will integrate a new building with contemporary style to a historic structure
allowing each to be distinct in their own right but linked together to create a cohesive project
and will fit seamlessly into the urban framework of downtown.The new building will be clad
in brick on the north and south elevations with glass and metal forms extruding out behind
and beyond the brick facade.The new building also has a complimentary rhythm of openings
and balconies reflecting the character of the current streetscapes of downtown.
The proposed mixed use residential and retail development will be located, designed and
operated in accordance with the appearance, character, public health, safety and welfare of
the community, and is consistent with the other land uses of the CC1 Center City District.
Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
The subject property is designated "Community Mixed Use" in the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Commercial Mixed Use provides
focus,identity,and convenient goods and services as well as some employment,for a number
of surrounding neighborhoods in a larger trade area.The ideal community mixed use center
should be between 30-100 acres of commercial, office, entertainment, medium density
residential, and institutional uses accessed by arterial streets and transit services.The center
would have parcels and buildings scaled to pedestrians, small enough to encourage parking
once and walking to more than one destination. Off-street parking is shared and on-street
parking helps to contribute to the intimate scale of well functioning pedestrian environments.
Parking located between and behind buildings permits people too walk more safely and
comfortably between uses that front sidewalks rather than large parking lots. Seating and
shade along pedestrian routes promotes walking and informal gathering.
The proposed land use is in keeping with the objectives and policies of the "Community
Mixed Use" comprehensive plan designation.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
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J. 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.
There are no significant natural features present at the subject property worthy of
preservation
I. 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 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.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the zoning ordinance. This planned development is zoned as a
conditional use in the CC 1 Center City District. The applicant is requesting the following departure
from the standard requirements of the CC1 Center City District:
Section 19.35.530 (B). (1) Land Use: In the CC1 Center City District only upper floor apartments
are provided for.The applicant is proposing apartments located on the first floor of the development.
Section 19.35.535 (D) Site Design: Setbacks. In the CC1 Center City District, the principal
building shall be built to the"street lot line"and"side lot line."The street facing facade shall cover a
minimum one hundred percent(100%)of the lot width.The applicant is proposing to stop the facade
along Fulton Street approximately thirty nine(39) feet from the interior lot line. (A 39%departure).
Section 19.35.535 (0) Site Design: Floor Area. In the CC1 Center City District, the gross floor
area for a residential unit shall be a minimum of six hundred (600) square feet, plus an additional
two hundred and fifty(250) square feet for each bedroom.The applicant is proposing a one bedroom
unit with eight hundred and twenty six (826) square feet. (A 3% departure).
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
Section 19.50.080 (F) Wall and Integral Roof Graphics: Integral Roof Graphic. In the CC1
Center City District, an integral roof graphic shall be erected or constructed as an integral or
essentially integral part of a normal roof structure of any design, such that no part of the graphic
extends vertically above the highest portion of the roof The applicant is proposing a building sign to
be located above the roof structure at the entrance into the building
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 applicant is proposing the adaptive use of the existing building built
in 1908,.demolition of the building addition to the south, and construction of a new three-
story building along the southerly portion of the property. The project will establish 55
new rental residential units and approximately 6,051 square feet of first floor retail space
located along Spring Street. The project will include a private cloistered courtyard that
will contain a tot lot,rain gardens, and space for art exhibits and sculpture. The project will
also meet the Illinois Housing Development Association's Green Housing Initiative.
The project will integrate a new building with contemporary style to a historic structure
allowing each to be distinct in their own right but linked together to create a cohesive project
and will fit seamlessly into the urban framework of downtown.The new building will be clad
in brick on the north and south elevations with glass and metal forms extruding out behind
and beyond the brick panes.The new building also has a complimentary rhythm of openings
and balconies reflecting the character of the current streetscapes of 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.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 08-10. 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:
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-10 May 5, 2010
1. Substantial conformance to the Statement of Purpose and Conformance submitted by
Artspace Projects, Inc. dated April 28, 2010.
2. Substantial Conformance to the following exhibits submitted by Artspace Projects, Inc.
prepared by BKV Group dated April 28, 2010 and per the comments and revisions of the
Community Development Group.
a. Title sheet
b. Plat of survey
c. Site and landscape plan
d. First, second, third floor floorplans
e. Exterior building elevations
f. Arts Quarter Lofts project sheet
g. Blue project sheet
i. Carleton Place Artist Lofts project sheet
j. The Lyricat Carleton Place project sheet
k. Eitel Building City Apartments project sheet
3. The parking lot to the east proposed to be developed by Artspace Projects, Inc. shall be
designed with landscape materials and features that conform to the City's site design and
landscape requirements.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/Denise Momodu
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
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