G59-18 Ordinance No. G59-18
AN ORDINANCE
AMENDING A PLANNED DEVELOPMENT AS A
CONDITIONAL USE ORDINANCE NO. G35-16
(300 North State Street)
WHEREAS, the territory herein described has been granted a planned development as a
conditional use in the CC2 Center City District by Ordinance No. G35-16, and
WHEREAS, written application has been made requesting an amendment to Ordinance
No. G35-16 which granted a planned development as a conditional use in the CC2 Center City
District at 300 North State Street; and
WHEREAS, the zoning lot with the building containing the premises at 300 North State
Street is legally described in Section 2 of Ordinance No. G35-16 (the "Subject Property"); and
WHEREAS, the Subject Property is located within the CC2 Center City District and ARC
Arterial Road Corridor District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on August 6, 2018 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment
to Ordinance No. G35-16 which granted a planned development as a conditional use in the CC2
Center City District pertains to the government and affairs of the city.
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 August 6, 2018, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Section 2. 1. of Ordinance No. G35-16 is hereby amended to read as
follows:
1. The building street setback along the south street lot line shall be no more than 12.88
feet,and the building street setback along the east street lot line shall be no more than 17.89
feet. Accordingly a street yard shall be provided to allow for the provision of an ADA
compliant sidewalk along North State Street and to accommodate an existing 10-foot wide
water main easement along Lawrence Avenue.
Section 3. That Section 2. 2. of Ordinance No. G35-16 is hereby amended to read as
follows:
2. The maximum building coverage shall be no less than 25,056 square feet or 33.3% of
the total zoning lot area of 75,192 square feet.
Section 4. That Section 2. 5. of Ordinance No. G35-16 is hereby amended to read as
follows:
5. Each unit within the multi-family building may only be occupied by an "Elderly
Family". For the purposes of this ordinance, "Elderly Family" shall mean a family whose
head (including co-head), spouse, or sole member is a person who is at least 62 years of
age. It may include two or more persons who are at least 62 years of age living together,
or one or more persons who are at least 62 years of age living with one or more live-in
aids."
Section 5. That Section 2. 6. of Ordinance No. G35-16 is hereby amended to read as
follows:
6. Intentionally Omitted.
Section 6. That Section 2. of Ordinance No. G35-16 is hereby further amended to include
the following additional conditions:
14. Substantial conformance to the Development Application submitted by Fox River
Crossing, LP, as applicant, and Thomas M. Hartwell., as property owner, received July
6, 2018, and supporting documents including:
a. ALTA/NSPS Land Title Survey, prepared by C. M. Lavoie & Associates, Inc.,
dated November 13, 2017, last revised January 3, 2018;
b. Undated Statement of Purpose and Conformance, received July 9, 2018;
2
c. Tenant Selection Plan, Other Programs, Fox River Crossing, dated revised March
20, 2017, received July 25, 2018;
d. Architectural plans for A New Facility Fox River Crossing 300 N. State St., Elgin,
IL 60123, prepared by Hooker De Jong Architects & Engineers, dated June 21,
2018; and
e. Engineering Plans for FOX RIVER CROSSING 300 N. STATE STREET ELGIN,
ILLINOIS,prepared by C. M. Lavoie &Associates, Inc., dated January 23, 2018.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
15. The applicant shall make arrangements with the City of Elgin and Pace Suburban Bus
agency for Pace to install a bus stop shelter on the west side of N. State Street, north of
Lawrence Avenue, at a location selected by Pace. The applicant is not required to pay
for the cost of the shelter but shall make all reasonable accommodations in its site plan,
streetscape plan, and associated construction for the shelter. Following the installation
of the bus stop shelter, the applicant and its successors, assigns and grantees to the
Subject Property shall be responsible for the maintenance of the bus stop shelter.
16. In the event that future traffic data or a traffic study establishes that the left turn into the
Subject Property from east bound Lawrence Avenue presents a traffic hazard as
reasonably determined by the City's Community Development Director, the left turn
into the Subject Property from east bound Lawrence Avenue shall be prohibited and the
owner of the Subject Property shall at its cost alter the entrance into the Subject Property
on Lawrence Avenue to prohibit left turns into the Subject Property according to plans
approved by the City Engineer.
17. Compliance with all applicable codes and ordinances.
Section 7. That except as amended herein, the use and development of Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G35-16. In the event of
any conflict between this ordinance, and Ordinance No. G35-16, this ordinance and associated
documents shall control and prevail.
Section 8. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
A
David NKKapWn, or
3
Presented: September 26, 2018 o
Passed: September 26, 2018 z>' -MIN%
Vote: Yeas: 6 Nays: 2
Recorded: September 26, 2018
Published: September 28, 2018 •, ` "
Kimberly Dewis, Cit erk
4
EXHIBIT A
August 6, 2018
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 27-18, an application by
Fox River Crossing, LP, as applicant, and Thomas M. Hartwell, as property owner, are requesting
an amendment to the planned development as a conditional use established by Ordinance No. 35-
16 to modify the age restrictions for residents, to increase the building setback from a street lot
line, and to decrease the maximum building lot coverage for the proposed 4-story, 60-unit senior
housing development at the property commonly referred to as 300 N. State Street. The property is
zoned CC2 Center City District and ARC Arterial Road Corridor Overlay District.
GENERAL INFORMATION
Petition Number: 27-18
Property Location: 300 N. State Street
Requested Action: Amendment to Planned Development as a Conditional Use
Current Zoning: CC2 Center City District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. CC2 Center City District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant,undeveloped
Proposed Use: 4-story, 60-unit multi-family building
Applicant: Fox River Crossing, LP
Owner Thomas M. Hartwell
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Fox River Crossing, LP, as applicant, and Thomas M. Hartwell, as property owner, are requesting
an amendment to the planned development as a conditional use established by Ordinance No. 35-
16 to modify the age restrictions for residents, to increase the building setback from a street lot
line, and to decrease the maximum building lot coverage for the proposed 4-story, 60-unit senior
housing development at the property commonly referred to as 300 N. State Street. The property is
zoned CC2 Center City District and ARC Arterial Road Corridor Overlay District.
The 1.7-acre property is located at the northwest corner of N. State Street and Lawrence Avenue
(extension of Kimball Avenue). Previous site improvements that consisted of buildings on the
western portion of the site and a parking lot on the remainder of the property have been demolished
and the property remains largely vacant. Two smaller accessory storage structures remain at the
northwest corner of the property.The property is adjacent to the Chicago&Northwestern Railroad
to the west and features a significant change in topography. The western portion of the property
along the railroad includes high elevation points of 758 feet, while the eastern portion of the
property along N. State Street drops down to low elevation point of 734 feet, which translates to a
maximum elevation change of 24 feet.
In 2016, the City Council granted approval of a planned development as a conditional use for the
construction of a 4-story 60-unit senior living facility with 72 parking spaces. Of those,60 parking
spaces were proposed on the ground floor of the building (indoor parking garage) with 12
remaining parking spaces located in the outdoor surface parking lot west of the building. The
access to the development is provided via right-in-right out access driveway off of N. State Street
north of the building and a second full access driveway off of Lawrence Avenue west of the
building. Stormwater management will be provided by means of underground detention facilities
located at the northwest corner of the property.
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
TA
Figure 2:Building rendering along A. State St.
Ordinance No. 35-16 included a condition that all units must be occupied by at least one resident
55 years of age or older. In addition, no unit was allowed to be occupied by anyone under the age
of 22 for more than 90 days. The other conditions of note established a maximum street setback
of 10.09 feet and a minimum building lot coverage of 26,358 square feet(35%of the total lot area).
The applicant intends to use low-income housing tax credits from the Illinois Housing
Development Authority and Project Based Vouchers secured through the Housing Authority of
Elgin to finance the project. However,the above-described restriction on persons younger than 22
does not conform to the senior housing program requirements for HUD New Construction Projects
and Project Based Vouchers.
Proposal
Age-restriction Amendment
The applicant proposes to replace the previously approved age restrictions with a requirement that
all units may only be occupied by an "Elderly Family". The U.S. Department of Housing and
Urban Development (HUD) defines "Elderly Family" as a family whose head, or spouse, or sole
member is a person who is at least 62 years of age. "Elderly Family"may also include two or more
persons who are at least 62 years of age living together, or one or more persons who are at least
62 years of age living with one or more live-in aids.
The applicant has submitted data from similar senior living facilities that are required to be
occupied by an "Elderly Family". At these senior facilities, the data shows that the vast majority
of all units, including two-bedroom units, are only occupied by one person. At Prairieview
Apartments in Bellwood,Illinois,76 of the 86 units have one occupant,and the remaining ten units
have two occupants(or 88 percent are occupied by one person).At Wrightwood Senior Apartments
in Chicago (on 70 Street, between Kedzie and Western Avenues), 81 of the 85 units have one
occupant, and the remaining four units have two occupants (or 95 percent are occupied by one
person).
Staff contacted the Housing Authority of Elgin and inquired about the occupancies at 120 and 130
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
N. State Street (Central Park Towers). There, 184 persons reside within 164 units (or 88 percent
are occupied by one person). The ordinance that approved Central Park Towers (G1-14) permits
"near elderly" families— individuals or families with at least one head of household no less than
50 years old—but no occupants less than 22 years old.
The applicant has also provided parking data from these two senior living facilities and four others.
The average number of parking spaces provided at these six senior living facilities is 0.96 parking
spaces per unit.With 72 parking space for 60 units,the subject property would have a 1.20 parking
spaces per unit.
It is worth noting, per the zoning ordinance, the proposed building is not required to provide any
on-site parking.Properties in the CC2 District located less than 800 feet from a city-owned parking
facility are not required to provide any on-site parking. The subject property is located
approximately 760 feet from the city-owned surface parking lot at the southwest corner of Kimball
and Grove Avenues.
Elderly public housing is typically required to provide one parking space per two dwelling units.
This code provision would result in a parking requirement of 30 spaces for the 60 units proposed.
With a total of 72 parking spaces on site, the facility would still satisfy a typical parking
requirement for an elderly public housing development.
Building and Site Design Amendments
The applicant is requesting approval to increase the previously approved building street setback
from 10.09 feet to 17.89 feet from the east property line(along N. State Street)and 12.88 feet from
the south property line (along Lawrence Avenue). The applicant is also requesting approval to
decrease the previously approved building lot coverage from 26,358 square feet to 25,056 square
feet.
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
x ' The small site layout and building
layout changes are a result of building
refinements for internal program and
_. • �. ° p operations changes, but mostly to
'• accommodate the existing easement
and utility lines on the property. An
_ - existing 10-foot wide water easement
is located along the south property
line along Lawrence Avenue, while
overhead powerlines are located
.. ... ~' ""�" • `;. along the west property line along N.
v. -
State Street. The applicant will pave
the entire area between the building
and the existing curb along N. State
_ Street which will result in
i approximately 17-foot wide public
sidewalk, and will include street trees
installed in tree grates. Along
Lawrence Avenue, the increased
= � building setback will result in a ten-
foot wide public sidewalk and a wider
{ " landscaped green space over the
:._ - - �ciu `_.--• -== existing water easement.
The applicant is not proposing any
other changes to the previously approved development.
Figure 3: Proposed Site Plan
The Community Development Department offers the following additional information:
A. Property History. The subject property has been part of the City of Elgin since its
incorporation. The property was originally classified as G Industrial District by the first
zoning ordinance in 1927 due to its proximity to the railroads lines. By 1950, the property
was rezoned to F Industrial District. In 1962, the property was rezoned to B4 General
Service District. In 1992,the property was rezoned to CI Commercial Industrial District as
part of the comprehensive amendment to the zoning ordinance. In 2001, it was rezoned to
CC2 Center City District and the same year became part of the ARC Arterial Road Corridor
Overlay District.
City records indicate a 2-story building containing a grocery store on the first floor with
residential apartments on the second floor and adjoining parking lot to the north was
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Recommendation& Findings of Fact
Petition 27-18
August 6, 2018
constructed on southwest corner of the property in 1939. The parking lot was expanded in
or around 1980 to cover the easterly portion of the lot with frontage along N. State Street.
In 1991 the building was occupied by a tavern(drinking place)known as the"Hilltop Pub."
In 1993, the buildings on the property were demolished after they were significantly
damaged in a fire. The property has been vacant and unimproved since that time.
B. Surrounding Land Use and Zoning. The properties to the north and south across
Lawrence Avenue are also zoned CC2 Center City District. The property to the north is
improved with a one-story commercial/industrial building home to a motor-vehicle repair
shop. The properties to the south are improved with a mix of residential and commercial
uses, and properties that are currently vacant. To the east across N. State Street is open
space along the Fox River maintained by the City. To the west,beyond the railroad tracks,
the properties are zoned RC3 Residence Conservation District and are improved with
single-family homes.
C. Comprehensive Plan. The subject property is designated as Multi-Family by the City's
2018 Comprehensive Plan and Design Guidelines,which was recently adopted by the City
Council. Per the Residential Areas Framework of the Comprehensive Plan, more intense
residential development should be used to transition from single-family neighborhoods to
Elgin's numerous industrial and commercial corridors. Single-family attached and multi-
family development clusters should be well connected to the roadway network to avoid
isolating neighborhoods from one another. Non-single-family residential development
should also be encouraged in close proximity to future neighborhood centers and
commercial districts, Downtown Elgin, and institutions such as hospitals, colleges and
universities. When occurring as infill development adjacent to a single-family
neighborhood, multi-family and single-family attached development should reflect the
scale and character of adjacent single-family residences.
D. 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 CCI zoning district and the
residential neighborhoods surrounding the center city.
E. Trend of Development.The subject property is located along a major arterial street(State
Street) on the westerly edge of downtown in an underutilized area that is currently
comprised of a number of older commercial and industrial uses within smaller buildings
located in-between vacant properties.Very little redevelopment has taken place in this area
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
in recent years. However, in 2013, city council adopted the Elgin Chicago Street Station
Area Planning Study,which established a vision for the use and urban form along N. State
Street south of Lawrence Avenue. The proposed use and urban form of this planned
development as a conditional use is wholly consistent with Elgin Chicago Street Station
Area Planning Study.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 27-18 on August 6, 2018. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Development Application Review and Written Findings & Recommendation to the Planning&
Zoning Commission dated August 6, 2018.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for planned developments
outlined in § 19.60.040 and standards for conditional uses outlined within § 19.65.030:
STANDARDS FOR PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
development with respect to its size, shape, and any existing improvements.
Findings. The most-recent finding for the proposed development has not changed: The
subject property is suitable for the intended planned development with respect to its size,
shape, and any existing improvements. It comprises of seven parcels containing 75,192
square feet(1.72 acres)of land area and is generally rectangular in shape. The previous site
improvements that comprised of buildings on the westerly portion of the property and
parking lots on the remaining portion of the property have been demolished,except for two
accessory storage structures located at the northwest corner of the property. The only
remaining features include gravel and concrete pads that have overgrown with vegetation.
There is no landscape material of any significance on the property.
The topography of the property varies from a high elevation of 758 feet along the westerly
boundary of the property to a low elevation of 734 at the southeast portion of the property
for a maximum relief of 24 feet.
B. Sewer and Water Standard. The suitability of the subject property for the intended
planned development with respect to the availability of adequate Municipal water,
wastewater treatment and stormwater control facilities.
Findings. The most-recent finding for the proposed development has not changed: The
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
subject property is suitable for the intended planned development with respect to the
availability of adequate water, sanitary treatment, and storm water control facilities. The
subject property is served by municipal water, sanitary sewer and stormwater drainage
systems that extend along N. State Street and Lawrence Avenue. These services are
designed to tie into the property.
Stormwater management will be provided by means of underground detention facilities
located at the northwest corner of the property.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
population served without requiring traffic movements through or into a residential
neighborhood. Nonresidential land uses should not be located within residential
neighborhoods, but on their periphery as defined by the "arterial street"[SR]system.
2. The number of locations for vehicular access to or from a public right of way should be
limited to those which are necessary for the reasonable use of the property and
consistent with current traffic engineering standards. Property with two (2) street
frontages should not be permitted access to or from the street with the higher degree of
continuity within the overall street system or with the higher traffic volume. With the
exception of residential driveways, locations for vehicular access to or from a public
right of way should be aligned directly opposite existing or approved locations across
the street.
The subject property is suitable for the intended planned development with respect to the
provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The proposed development maintains previously approved
site layout with the building located near the corner of Lawrence Avenue and N. State
Street with a surface parking lot west of the building.The development also maintains two
previously approved access driveways: a right-in-right-out access driveway along N. State
Street north of the building and an access driveway along Lawrence Avenue west of the
building that permits entrance from either direction but exit only to the right. The access to
the ground floor parking garage is still provided on the north side of the building. The
combination of the two site access driveways will serve to distribute the minimal amount
of vehicular traffic coming to and from the proposed facility evenly upon, and without
negative impact to,the existing street system.
Per the zoning ordinance, the proposed building is not required to provide any on-site
parking spaces. The properties in the CC2 District located less than 800 feet from a city-
owned parking facility are not required to provide any on-site parking.The subject property
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Recommendation& Findings of Fact
Petition 27-18
August 6,2018
is located approximately 760 feet from the city-owned surface parking lot at the southwest
corner of Kimball and Grove Avenues.
Elderly public housing is typically required to provide one parking space per two dwelling
units. This would result in a parking requirement for 30 parking spaces for the 60 units
proposed. With a total of 72 parking spaces proposed, the facility would still satisfy a
typical parking requirement for an elderly public housing development.
The development plans approved in 2016 included 60 parking spaces within the ground
floor garage and 12 parking spaces within the outdoor surface parking lot west of the
building. Current plans include 62 indoor parking spaces within the parking garage while
ten parking spaces are provided in the surface parking lot. The total number of parking
spaces(72)remained the same.
D. Zoning History Standard. The suitability of the subject property for the planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The most-recent finding for the proposed development has not changed: The
subject property is suitable for the intended planned development as a conditional use with
respect to the length of time the property has remained undeveloped or unused in its current
zoning district. The subject property was originally platted as part of W. C. Kimball's Plat
of the West Side of the Village of Elgin recorded on February 15, 1843. The property was
first classified within a G Industrial District in 1927. In 1962,the property was rezoned to
B4 General Service District and in 1992, to CI Commercial Industrial District as part of a
comprehensive amendment to the zoning ordinance. In 2001 it was rezoned to CC2 Center
City District and became part of the ARC Arterial Road Corridor Overlay District.
City records indicate a 2-story building containing a grocery store on the first floor with
residential apartment on the second floor and adjoining parking lot to the north was
constructed on southwest corner of the property in 1939. The parking lot was expanded in
or around 1980 to cover the easterly portion of the lot with frontage along N. State Street.
In 1991 the building was occupied by a tavern(drinking place). In 1993, the buildings on
the property were demolished after they were significantly damaged in a fire.The property
has been vacant and unimproved since that time.
The current property owner acquired the vacant parcels in 2001 and has retained ownership
since that time.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject propertyfor
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
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Recommendation& Findings of Fact
Petition 27-18
August 6,2018
Findings. The most-recent finding for the proposed development has not changed: The
property is suitable for the intended planned development with respect to consistency and
compatibility with surrounding land uses and zoning. The properties to the north and south
across Lawrence Avenue are also zoned CC2 Center City District. The property to the
north is improved with a one-story commercial/industrial building home to a motor-vehicle
repair shop. The properties to the south are improved with a mix of residential and
commercial uses, and properties that are currently vacant. Open space is located to the east
across N. State Street, which is maintained by the City. To the west, beyond the railroad
tracks, the properties are zoned RC3 Residence Conservation District and are improved
with single-family homes.
F. Trend of Development Standard. The suitability of the subject property for the planned
development with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The most-recent finding for the proposed development has not changed: The
subject property is suitable for the intended planned development as a conditional use with
respect to its consistency with the existing pattern of development or an identifiable trend
of development in the area. The subject property is located along a major arterial street
(State Street) on the westerly edge of downtown Elgin in an underutilized area that is
currently comprised of a number of older commercial and industrial uses within smaller
building located in-between vacant properties. Very little redevelopment has taken place
in this area in recent years.However,in 2013,city council adopted the Elgin Chicago Street
Station Area Planning Study, which established a vision for the use and urban form along
N. State Street south of Lawrence Avenue. The proposed use and urban form of this
planned development is wholly consistent with Elgin Chicago Street Station Area Planning
Study.
G. Zoning/Planned Development District Standard: The suitability of the subject property
for the intended planned development district with respect to conformance to the provisions
for the purpose and intent, and the location and size of a zoning district.
Findings. This standard is not applicable. The applicant is requesting approval of an
amendment to the planned development as a conditional use.
H. Conditional Use for a Planned Development: Where applicable, the suitability of the
subject propertyfor the intended conditional use for a planned development with respect
to the provision for the purpose and intent ofplanned 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.
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Recommendation& Findings of Fact
Petition 27-18
August 6, 2018
Findings. The subject property is suitable for the intended planned development as a
conditional use with respect to conformance to the provisions for the purpose and intent of
planned developments.The purpose and intent of the provisions for planned developments
is to accommodate unique development situations, and the subject property represents just
that situation. The subject property is narrowly shaped, encumbered by steep topography,
and bound by State Route 31 on the east and railroad tracks on the west. The proposed
amendments to accommodate a larger building street setback are due to the existing site
constraints. The existing 10-foot water easement along Lawrence Avenue and the existing
overhead utility lines along N. State Street necessitate the building be set back slightly
more than previously approved. However,the overall site layout, site access, and building
appearance has not changed.
The proposed amendment to modify the age restrictions of the building residents will not
have a significant impact on the use of the building. The proposed building would remain
a senior living facility. The applicant has demonstrated that other similar senior living
facilities under the same management company (Ludwig Management) with the same
resident-age restrictions on average have 0.96 parking spaces per unit. With 72 parking
spaces for 60 units, the subject property would have a 1.2 parking spaces per unit which
exceeds the average number of parking spaces provided at similar facilities.
I. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended planned development with
respect to conformance to the goals,objectives,and policies of the Official Comprehensive
Plan. The subject property is designated as Multi-Family by the City's 2018
Comprehensive Plan and Design Guidelines, which was recently adopted by the City
Council. Per the Residential Areas Framework of the Comprehensive Plan, more intense
residential development should be used to transition from single-family neighborhoods to
Elgin's numerous industrial and commercial corridors. Single-family attached and multi-
family development clusters should be well connected to the roadway network to avoid
isolating neighborhoods from one another. Non-single-family residential development
should also be encouraged in close proximity to future neighborhood centers and
commercial districts, Downtown Elgin, and institutions such as hospitals, colleges and
universities. When occurring as infill development adjacent to a single-family
neighborhood, multi-family and single-family attached development should reflect the
scale and character of adjacent single-family residences.
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 most-recent finding for the proposed development has not changed: The
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Recommendation & Findings of Fact
Petition 27-18
August 6,2018
subject property is suitable for the intended planned development with respect to the
preservation of all significant natural features including topography, watercourses,
wetlands, and vegetation. The only significant natural feature of the site is the steep
topography.The high point of the subject property is along the railroad tracks,and it drops
off quickly down to N. State Street. The proposed development is designed to incorporate
the existing topography; for example, the building will have a ground-floor pedestrian
entrance at N. State Street but also a second entrance at the back of the building which puts
persons at the second floor. The remainder of the ground floor is underground parking,
tucked into the slope of the site.
There are three trees and scrub shrubbery along the easterly edge of the property, and one
tree and a number of random shrubs internal to the property. This poorly maintained
vegetation is not significant and exists simply as a result of the property being vacant for
more than 20 years. There are no additional significant natural features on the subject
property.
K. Internal Land Use. The suitability of the subject property for the intended 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 most-recent finding for the proposed development has not changed: The
subject property is suitable for the intended planned development as a conditional use with
respect to land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or the surrounding
property.No evidence has been submitted or found that the proposed development will be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property. The proposed use is permitted in the CC2 Center City
District.
The proposed building is located at the southeast corner of the property, as far away from
adjacent residential properties as possible. Vehicular access to the property from N. State
Street is limited to a right-in and right-out only so as to reduce the impact of resident traffic
onto this arterial street. The full access on Lawrence Avenue is located as far west along
the frontage and away from the intersection of N. State Street and Lawrence Avenue so as
to similarly reduce the impact of the traffic generated by the development on the
intersection of those streets.
STANDARDS FOR CONDITIONAL USE
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,
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
watercourses, vegetation, and existing improvements.
Findings. The subject property is suitable for the intended conditional use with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements. It comprises of seven parcels containing 75,192 square feet (1.72
acres) of land area and is generally rectangular in shape. The previous site improvements
that comprised of buildings along the westerly portion of the property and parking lots
along the remaining portion of the property have been demolished, except for two
accessory storage structures located at the northwest corner of the property. The only
remaining features include gravel and concrete pads that have overgrown with vegetation.
There are three trees and scrub shrubbery along the easterly edge of the property, and one
tree and a number of random shrubs internal to the property. This poorly maintained
vegetation is not significant and exists simply as a result of the property being vacant for
more than 20 years. There are no additional significant natural features on the subject
property.
The topography of the property varies from a high elevation of 758 feet along the westerly
boundary of the property to a low elevation of 734 feet at the southeast portion of the
property for a maximum relief of 24 feet. The proposed development incorporates the
existing topography;for example,the building will have a ground-floor pedestrian entrance
at N. State Street but also a second entrance at the back of the building which puts persons
at the second floor. The remainder of the ground floor is underground parking,tucked into
the slope of the site.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The subject property is served by municipal water, sanitary sewer and stormwater drainage
systems that extend along N. State Street and Lawrence Avenue. These services are
designed to tie into the property.
Stormwater management will be provided by means of underground detention facilities
located at the northwest corner of the property.
C. Traffic and Parking Standard. The suitability 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
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Recommendation& Findings of Fact
Petition 27-18
August 6, 2018
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The proposed development maintains previously approved
site layout with the building located near the corner of Lawrence Avenue and N. State
Street and a surface parking lot located west of the building. The development also
maintains two previously approved access driveways: a right-in-right-out access driveway
along N. State Street north of the building,and an access driveway along Lawrence Avenue
west of the building that permits entrance from either direction but exit only to the right.
The access to the ground floor parking garage is still provided on the north side of the
building. The combination of the two site access driveways will serve to distribute the
minimal amount of vehicular traffic coming to and from the proposed facility evenly upon,
and without negative impact to, the existing street system.
Per the zoning ordinance, the proposed building is not required to provide any on-site
parking. The properties in the CC2 District located less than 800 feet from a city-owned
parking facility are not required to provide any on-site parking. The subject property is
located approximately 760 feet from the city-owned surface parking lot at the southwest
corner of Kimball and Grove Avenues.
Elderly public housing is typically required to provide one parking space per two dwelling
units. This would result in a parking requirement for 30 parking spaces for the 60 units
proposed. With a total of 72 parking spaces proposed, the facility would still satisfy a
typical parking requirement for an elderly public housing development.
The development plans approved in 2016 included 60 parking spaces within the ground
floor parking garage and 12 parking spaces within the outdoor surface parking lot west of
the building. Current plans include 62 spaces within the indoor parking garage while ten
parking spaces are provided in the surface parking lot.The total number of parking spaces
(72)remains the same.
D. Location, Design, and Operation Standard. The suitability of the subject propertyfor
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. The purpose and intent of the provisions for planned developments is to
accommodate unique development situations, and the subject property represents just that
situation. The subject property is narrowly shaped, encumbered by steep topography, and
bound by State Route 31 on the east and railroad tracks on the west. The proposed
amendments to accommodate a larger building street setback are due to the existing site
constraints. The existing 10-foot water easement along Lawrence Avenue and the existing
overhead utility lines along N. State Street necessitate the building be set back slightly
more than previously approved. However,the overall site layout, site access, and building
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
appearance has not changed.
The proposed amendment to modify the age restrictions of the building residents will not
have a significant impact of the use of the building. The proposed building would remain
a senior living facility. The applicant has demonstrated that other similar senior living
facilities under the same management company (Ludwig Management) with the same
resident age restrictions on average have 0.96 parking spaces per unit. With 72 parking
space for 60 units, the subject property would have a 1.20 parking spaces per unit which
exceeds the average number of parking spaces provided at similar facilities.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of, or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 27-18, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Fox River
Crossing, LP, as applicant, and Thomas M. Hartwell., as property owner, received July 6,
2018, and supporting documents including:
a. A letter from Greg Baron,PIRHL Developers LLC/Fox River Crossing, LP,dated
July 5, 2018;
b. Topography Survey,prepared by C. M. Lavoie &Associates, Inc., dated March 3,
2016;
c. ALTA/NSPS Land Title Survey, prepared by C. M. Lavoie & Associates, Inc.,
dated November 13,2017, last revised January 3, 2018;
d. Undated Fox River Declaration of Covenants / Low Income Housing Tax Credit
Extended Use Agreement, received July 9, 2018;
e. Undated Statement of Purpose and Conformance, received July 9, 2018;
f. Exhibit A—24 CFR 5.403, received July 9, 2018;
g. Exhibit B—Prior Statement of Purpose and Conformance, received July 9,2018;
h. Exhibit C—Recommendations&Findings of Fact of the Community Development
Department and the Planning and Zoning Commission, City of Elgin, IL,received
July 9, 2018;
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Recommendation & Findings of Fact
Petition 27-18
August 6, 2018
i. Tenant Selection Plan, Other Programs, Fox River Crossing, dated revised March
20, 2017, received July 25, 2018;
j. Architectural plans for A New Facility Fox River Crossing 300 N. State St., Elgin,
IL 60123, prepared by Hooker De Jong Architects & Engineers, dated June 21,
2018; and
k. Engineering Plans for FOX RIVER CROSSING 300 N. STATE STREET ELGIN,
ILLINOIS,prepared by C. M. Lavoie &Associates, Inc., dated January 23, 2018.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department,was four(4)yes,two(2)no,
and zero (0) abstentions. All members were present.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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EXHIBIT Zoning Map AN
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Petition 27-18
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EXHIBIT D
SITE LOCATION
300 N. State Street
Petition 27-18
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EXHIBIT D
SITE LOCATION
300 N. State Street
Petition 27-18
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Subject property looking west from N. State St.
EXHIBIT D
SITE LOCATION
300 N. State Street
Petition 27-18
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