G2-19 Ordinance No. G2-19
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO
MFR MULTIPLE FAMILY RESIDENCE DISTRICT
(848-850 Villa Street)
WHEREAS, written application has been made to reclassify certain properties located at
848 Villa Street and 850 Villa Street from CI Commercial Industrial District to MFR Multiple
Family Residence District; and
WHEREAS, the zoning lots with the buildings containing the premises at 848 Villa Street
and 850 Villa Street are legally described herein (the "Subject Properties"); and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on December 3, 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 a map
amendment from CI Commercial Industrial District to MFR Multiple Family Residence 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 December 3, 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 Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official
Zoning District Map"of the Elgin Municipal Code, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the "Zoning District Map", as amended, be and are
hereby altered by including in the MFR Multiple Family Residence District the following
described properties:
LOTS 6 AND 7 IN BLOCK 4 IN LYNNDALE PARK ADDITION TO HANOVER, OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS
DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS.
(commonly known as 848 Villa Street), and
LOTS 16, 17 AND 18 IN BLOCK 1 IN LYNNDALE PARK ADDITION TO HANOVER,
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
19, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 1890 AS
DOCUMENT NO. 1287528, IN COOK COUNTY, ILLINOIS.
(commonly known as 850 Villa Street).
Section 3. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kapt M or
Presented: January 23, 2019
Passed: January 23, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: January 23, 2019
Published: January 25, 2019
A e :
•Kimberly Dewis, ity Clerk
- 2 -
EXHIBIT A
December 3, 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 Petitions 41-18 and 50-18, an
application by Demeke Berhanu-Haile, as applicant, and Whispering Sands H, LLC and Zeman
00 APT, as property owners, requesting approval of a map amendment from CI Commercial
Industrial District to MFR Multiple Family Residence District, and conditional use for a planned
development with a departure from Sections 19.12.600, "Obstructions in Yards" and 19.90.015,
"Definitions and Regulations" of the Elgin Municipal Code, specifically to allow a refuse
collection area to encroach into the required building setback from the side and rear lot lines, all
of which are necessary to establish a club house for various activities for the residents of Old Oaks
Estates mobile home community at the properties commonly referred to as 848-850 Villa Street.
The properties are zoned CI General Industrial District and ARC Arterial Road Corridor Overlay
District.
GENERAL INFORMATION
Petition Number: 41-18 & 50-18
Property Location: 848-850 Villa Street
Requested Action: Map Amendment from CI Commercial Industrial District to MFR
Multiple Family Residence District&Conditional Use for a Planned
Development
Current Zoning: CI Commercial Industrial District and ARC Arterial Road Corridor
Overlay District
Proposed Zoning: MFR Multiple Family Residence District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant (848 Villa Street)
Mixed use i office and residential (850 Villa Street)
Proposed Use: Residential community center and management staff offices
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3,2018
Applicant: Demeke Berhanu-Haile
Owner Whispering Sands II, LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinances
BACKGROUND
Demeke Berhanu-Haile, as applicant, and Whispering Sands II, LLC and Zeman 00 APT, as
property owners, are requesting approval of a map amendment from CI Commercial Industrial
District to MFR Multiple Family Residence District, and conditional use for a planned
development with a departure from Sections 19.12.600, "Obstructions in Yards" and 19.90.015,
"Definitions and Regulations" of the Elgin Municipal Code, specifically to allow a refuse
collection area to encroach into the required building setback from the side and rear lot lines, all
of which are necessary to establish a club house for various activities for the residents of Old Oaks
Estates mobile home community at the properties commonly referred to as 848-850 Villa Street
The 848 Villa Street property is improved with a vacant one-story 3,727-square foot building along
Villa Street and a deteriorating parking lot north of the building. The building was most recently
used as offices for a taxi dispatch company. The 850 Villa Street property is improved with an
approximately 2,000-square foot single-family residential home and a 9-space surface parking lot.
The ground floor is currently used as leasing offices for the adjacent Old Oaks Estates mobile
home rental community while the second floor includes one rental residential unit. Both properties
are owned by Whispering Sands II, LLC, which owns the Old Oaks Estates community.
- 2 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
Old Oaks Estates community consists of •
r -- ; 263 lots with mobile home dwellings. All
.=. .�, ` ' ' k but six homes are owner occupied,but the
"� . , au ' ti.l is
iall .•. �. I. 1 i • t owners rent the lot on which the mobilei ,. home sits. Most lots are leased through
-.,e `1� a r two year agreements. If an owner wishes
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not extend the lease, the home is usually •
Oaks Estates Mobile , sold,and the new owner continues to lease
•omsCommunity k ... the lot on which the home sits:Whispering
•
i•. ,' ;�+v' ', [. ' Sands II, LLC purchased the Old Oaks
r~ -_ Estates community in 2016.
ra � R Both 848 Villa Street and 850 Villa Street
fj properties are zoned CI Commercial
iii � Industrial District and ARC Arterial Road
d ..
Community Center '' I
m Corridor Overlay District. The properties
,' ,F._ - to the north and east of 850 Villa Street
rag .4.1.
t - ` roe are zoned MFR Multiple Family
: I property Y P
ma.. !+ Residence District, and are improved with
" bject•ropertles _ mobile home dwellings. The mobile home
i•be rezoned dwellings located to the north are part of
• ` the Old Oaks Estates rental community.
The mobile home dwellings adjacent to .
Figure 1. Old Oaks Estates mobile home community the east are part of the Villa Garden Estates
55+residential mobile home community.
The properties to the north and west of 848 Villa Street property are zoned CI Commercial
Industrial District, and are also improved with mobile home dwellings part of Old Oaks Estates.
The properties to the south across Villa Street are zoned CI Commercial Industrial District. The
property at 849 Villa Street is home to a used motor vehicle dealership,while the property at 877-
879 Villa Street is home to a food(grocery) store.
Proposal
The applicant is proposing to rezone the properties to MFR Multiple Family Residence District to
match the zoning classification of the remainder of the Old Oaks Estates mobile home community. •
The applicant is also proposing to renovate the existing building at 848 Villa Street and establish
a community center with management staff offices.The existing leasing center offices at 850 Villa
Street would be relocated to the renovated community center building,and the ground floor of 850
Villa Street property would be renovated back to a residential unit.
•
- 3 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
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I °FIRST FLOOR PLAN
! I Figure 3. Community Center Floor Plan
While the community center would include
several offices for community management
:,t; and leasing staff, with up to three
4.,!— t; ,,j,., ' . employees during the peak demand shift, .
QV the facility would also serve as the main
amenity space for Old Oaks Community
Figure 2. Landscape Plan residents. The facility would be used to host
community events, such as holiday parties,
and would be available for rent to the residents of the community for a variety of events, such as
anniversaries, birthday parties, bridal showers, etc. The facility would not be available for rent to •
the general public.
The existing deteriorating parking lot north of the building would be reconstructed to include a
total of 18 parking spaces.The parking lot would be enclosed with a four-foot high black aluminum
ornamental fence. New landscaping would be installed to screen the parking lot from adjacent
properties on all sides, while new street trees would be installed along Saddler Avenue to -
complement the new public sidewalk along the west side of Saddler Avenue.New refuse enclosure
would be located in the northwest corner of the parking lot within the required side and rear yard
-4 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
setbacks, which represents a departure from the requirements of the zoning ordinance further
described below in Planned Development Departures and Exceptions section of this report.
The facility would also include a new outdoor patio/seating area in front of the building along Villa
Street similar to outdoor seating of a restaurant, which is more typical for a commercial corridor
such as Villa Street. The outdoor patio would be enclosed with a 3-foot high black ornamental
fence and landscape screening.
The northeast corner of the parking lot is partially located within a floodplain. The applicant will
construct a new curb and gutter along Saddler Avenue to improve stormwater management. The
engineering plans would meet all requirements of the stormwater ordinance.
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Figure 4. View from Saddler Avenue
The Community Development Department offers the following additional information:
A. Property History. The subject properties were zoned B Residential with the first zoning
ordinance in 1927. By 1950, the properties were rezoned to E Commercial, while the
remainder of the mobile home community to the north and east were zoned A Residential.
In 1962,the subject properties were zoned B4 General Service District,while the remainder
of the mobile home community was zoned M1 Limited Manufacturing.In 1992,the subject
properties were zoned CI Commercial Industrial District,while the remainder of the mobile
home community was zoned MFR Multiple Family Residence District as part of the
comprehensive amendment to the zoning ordinance.
The existing building at 848 Villa Street was constructed in the 1970s for an automobile
repair shop. Most recently, the property was uses for a taxi dispatch company offices.
- 5 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
The existing single-family residential building at 850 Villa Street was constructed in 1951.
The building was originally used as a single-family home,but was over the years converted
into a mixed-use building with ground floor office space and one residential unit on the
second floor.
The mobile home dwellings, now part of Old Oaks Estates community, were established
beginning in the early 1950s.
B. Surrounding Land Use and Zoning. Both 848 Villa Street and 850 Villa Street properties
are zoned CI Commercial Industrial District. The properties to the north and east of 850
Villa Street property are zoned MFR Multiple Family Residence District, and are improved
with mobile home dwellings. The mobile home dwellings located to the north are part of
the Old Oaks Estates rental community. The mobile home dwellings adjacent to the east
are part of the Villa Garden Estates 55+residential mobile home community.
The properties to the north.and west of 848 Villa Street property are zoned CI Commercial
Industrial District, and are also improved with mobile home dwellings part of Old Oaks
Estates. The properties to the south across Villa Street are zoned CI Commercial Industrial
District. The property at 849 Villa Street is home to a used motor vehicle dealership, while
the property at 877-879 Villa Street is home to a food (grocery) store.
C. Comprehensive Plan. The 848 Villa property is designated as Multi-family by the City's
2018 Comprehensive Plan. Multi-family development consists of structures that have
multiple dwelling units that are stacked vertically and feature common entrances,
stairways,and amenities. Similar to single-family attached development,there are a variety
of multi-family residential developments throughout the City including apartments,
condominiums,and senior housing. The Housing Authority of Elgin also maintains several
multi-family public housing communities. Multi-family development should be
encouraged along major corridors where it can serve as a buffer between commercial areas
and single-family neighborhoods. As with single-family attached development, properties
in and around Downtown Elgin should also be targeted for multi-family development
where residents are in proximity to numerous community amenities. Multi-family infill of
appropriate scale and character should be encouraged while the conversion of single-family
homes to multi-family structures should be discouraged. Densities should range from 8-
140 du/ac. New development exceeding 60 dwelling units to the acre should be within or
immediately adjacent to the Downtown Mixed-Use area identified on the Residential Areas
Framework Plan and / or at rail stations. Notwithstanding this suggested range, existing
multi-family development should proceed cautiously when considering increasing the
existing density. Minimally, factors to consider when evaluating such a proposal include
the context and character of the site and surrounding development pattern, availability of
parking and mass transit, existing natural resources and open space, and appropriate
accommodation for stormwater.
- 6 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
The 850 Villa Street property is designated as Parks and Open Space by the City's 2018
Comprehensive Plan. The property is designated as such because the northern and eastern
portion of the property are located within a 100-year flood plain, as are the properties to
the north and east. Parks and Open Space land use includes parkland maintained by the
Parks and Recreation Department and other entities, such as the Kane County Forest
Preserve District. The Elgin Parks and Recreation Department operates and maintain 74
parks totaling 1,643 acres and 10 recreational facilities throughout the City, and the Forest
Preserve District of Kane and Cook Counties support several natural preserves in and
around Elgin. This land use also includes various areas of open space that contain natural
areas and environmental features such as extensive woodland, wetland, floodplains, and
detention ponds.
D. Zoning District. The applicant is proposing to rezone the properties from CI Commercial
Industrial District to MFR Multiple Family Residence District. The purpose of the MFR
Multiple-Family Residence District is to provide an urban residential environment of the
lowest standardized density for multiple-family dwellings.
E. Trend of Development. The subject properties are located along Villa Street commercial
corridor.The trend of development along Villa Street east of Liberty Street has been toward
the establishment of auto-oriented fast food restaurants, motor-vehicle repair shops, and
used motor vehicle dealerships. The corridor enjoys easy access and proximity to US Route
20, however, there has not been any new commercial development along the corridor in
recent years. Staff anticipates the corridor will continue to be dominated by auto-oriented
commercial uses and services.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petitions 41-18 and 50-18 on December 3, 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 December 3, 2018.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for map amendments
outlined within § 19.55.030, the standards for planned developments outlined within § 19.60.040,
and standards for conditional uses outlined within § 19.65.030:
- 7 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
STANDARDS FOR MAP AMENDMENTS AND 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, watercourses and vegetation and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements. The 16,108-square foot 848 Villa Street property is improved with
a vacant one-story 3,727-square foot building and a deteriorating parking lot. The 25,732-
square foot 850 Villa Street property is improved with an approximately 2,000-square foot
single-family home that has been converted into a mixed-use building with ground floor
office space and one second floor residential unit. A small portion of the 848 Villa Street
property and majority of the 850 Villa Street property are located within a 100-year flood
plain. The existing building at 848 Villa Street is well suited to serve as the community
center for the adjacent mobile home community. The existing parking lot would be
improved to include 18 parking spaces, while new stormwater infrastructure would
improve the stormwater management in and around the properties. The establishment of
the community center at 848 Villa Street property would enable the conversion of the
single-family home structure at 850 Villa Street into an exclusively residential use with
one residential unit on the ground floor and one residential unit on the second floor.
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 stormwater control facilities.
Findings. The subject property is suitable for the intended zoning district with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
Both properties are served with municipal, sanitary and water services. The applicant
would install new water and sewer services for the community center. The parking lot
reconstruction would include installation of curb and gutter along the west side of Saddler
Avenue with new stormwater infrastructure, which would improve the stormwater
management in and around the properties.
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.
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.
- 8 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
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 zoning district with respect to the provision
of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic
congestion.
The properties are located along Villa Street arterial road on the east and west sides of
Saddler Avenue. The applicant would eliminate the existing curb cut to Villa Street on 848
Villa Street property, and the existing gravel shoulder along the entire frontage of the
property along Saddler Avenue. New curb and gutter and two access driveways to Saddler
Avenue would improve the on-street parking and maintain congestion-free traffic
circulation.
The proposed community center is required to provide a total of 17 parking spaces based
on the parking requirement of one parking spaces per four seats in the main assembly space,
and one parking spaces for each of the three office employees during the peak demand
shift. With 18 parking spaces proposed the facility would meet the parking requirement.
The existing building at 850 Villa Street would be renovated to have a total of two
residential units which require a total of four parking spaces based on the parking
requirement of two parking spaces per unit. With nine parking spaces in the surface parking
lot, and two parking spaces in the attached garage, the property will continue to meet and
exceed the parking requirement.
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 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
existing building at 848 Villa Street has been vacant for several years. The property was
previously home to an automobile repair shop and taxi dispatch company offices, but is
surrounded by the mobile home dwellings to the west, north and east. As such, a high
intensity commercial use typically found along busy arterial roads such as Villa Street is
not suited for the subject property. The proposed community center with staff management
offices is an appropriate use for the property as it would provide amenities for the residents
of the adjacent community and maintain a non-residential use on the property along Villa
- 9 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
Street. The community center would include an outdoor seating patio along Villa Street
similar to outdoor seating of a restaurant typically found along an arterial street.
With the completion of the community center, the existing leasing offices would be
relocated from the 850 Villa Street property to 848 Villa Street property. The ground floor
of the 850 Villa Street property would be renovated to a residential unit, making the
property a multiple family residential use appropriate for the proposed MFR Multiple
Family Residence 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 property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land uses and zoning. The properties to the
north and east of 850 Villa Street are zoned MFR Multiple Family Residence District, and
are improved with mobile home dwellings. The mobile home dwellings located to the north
are part of the Old Oaks Estates rental community. The mobile home dwellings adjacent to
the east are part of the Villa Garden Estates 55+residential mobile home community.
The properties to the north and west of 848 Villa Street property are zoned CI Commercial
Industrial District, and are also improved with mobile home dwellings part of Old Oaks
Estates. The properties to the south across Villa Street are zoned CI Commercial Industrial
District. The property at 849 Villa Street is home to a used motor vehicle dealership,while
the property at 877-879 Villa Street is home to a food (grocery) store.
The proposal would not have any negative effect on the surrounding land uses or zoning
districts.
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 suited for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend of development
in the area. The subject properties are located along Villa Street commercial corridor. The
trend of development along Villa Street east of Liberty Street has been toward the
establishment of auto-oriented fast food restaurants, motor-vehicle repair shops, and used
motor vehicle dealerships. The corridor enjoys easy access and proximity to US Route 20,
however,there has not been any new commercial development along the corridor in recent
years. Staff anticipates the corridor will continue to be dominated by auto-oriented
commercial uses and services.
- 10 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
The proposed community center with staff offices is an appropriate transitional use for the
property as it would provide amenities for the residents of the adjacent community while
maintaining a non-residential use along Villa Street. The community center would include
an outdoor seating patio along Villa Street similar to outdoor seating of a restaurant
typically found along an arterial street.
The ground floor of the 850 Villa Street property would be renovated to a residential unit,
making the property a multiple family residential use appropriate for the proposed MFR
Multiple Family Residence District considering the proximity to the adjacent mobile home
dwellings to the north and east.
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.
Findings. The property is suitable for the intended zoning district with respect to
conformance to the provisions for the purpose and intent and the location and size of the
zoning district. The applicant is proposing to rezone the properties from CI Commercial
Industrial District to MFR Multiple Family Residence District. The purpose of the MFR
Multiple-Family Residence District is to provide an urban residential environment of the
lowest standardized density for multiple-family dwellings. The two properties would serve
as transitional uses to buffer the mobile home community to the north from the traffic along
a busy arterial street and other commercial uses along Villa Street.
H. 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
conformance to the goals, objectives,and policies of the Official Comprehensive Plan. The
848 Villa property is designated as Multi-family by the City's 2018 Comprehensive Plan
and Design Guidelines. Multi-family development should be encouraged along major
corridors where it can serve as a buffer between commercial areas and single-family
neighborhoods. Multi-family infill of appropriate scale and character should be encouraged
while the conversion of single-family homes to multi-family structures should be
discouraged. Densities should range from 8-140 du/ac. New development exceeding 60
dwelling units to the acre should be within or immediately adjacent to the Downtown
Mixed-Use area identified on the Residential Areas Framework Plan and/or at rail stations.
Notwithstanding this suggested range, existing multi-family development should proceed
cautiously when considering increasing the existing density. Minimally,factors to consider
when evaluating such a proposal include the context and character of the site and
surrounding development pattern, availability of parking and mass transit, existing natural
resources and open space, and appropriate accommodation for stormwater.
- 11 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
The 850 Villa Street property is designated as Parks and Open Space by the City's 2018
Comprehensive Plan and Design Guidelines. The property is designated as such because
the northern and eastern portion of the property are located within a 100-year flood plain,
as are the properties to the north and east. Parks and Open Space land use includes parkland
maintained by the Parks and Recreation Department and other entities, such as the Kane
County Forest Preserve District. The Elgin Parks and Recreation Department operates and
maintain 74 parks totaling 1,643 acres and 10 recreational facilities throughout the City,
and the Forest Preserve District of Kane and Cook Counties support several natural
preserves in and around Elgin. This land use also includes various areas of open space that
contain natural areas and environmental features such as extensive woodland, wetland,
floodplains, and detention ponds.
ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS
Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for 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.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to the provision for the purpose and intent of planned
developments and with respect to the provisions of section 19.65.010 of the zoning
ordinance. The applicant is proposing a planned development as a conditional use at 848
Villa Street to establish a community center with management staff offices for the adjacent
Old Oaks Estates mobile home community. The 16,108-square foot property is less than
two acres, which is necessary to establish a Planned Development District. The proposed
conditional use for a planned development would realize establishment of a needed
amenity space that otherwise would not be possible. The proposal also serves as a
transitional use between the mobile home dwellings to the north and the high intensity,
non-residential uses along Villa Street. The facility would include an outdoor patio along
Villa Street, which would enhance the property appearance along the primary street.
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 preservation of all significant natural features including topography,
watercourses, wetlands, and vegetation. The northeast portion of the subject property is
- 12 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
located within a 100-year flood plain.The applicant would not construct any new structures
within the flood plain. However, the applicant is proposing to construct new stormwater
infrastructure with a new curb and gutter along the west side of Saddler Avenue to improve
stormwater management. The applicant will also install extensive landscaping throughout
the site and new street (canopy) trees along Saddler Avenue.
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 subject property is suitable 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
properties. The proposed community center with staff offices would serve as a transitional
use to buffer the mobile home dwellings to the north from the more intense, commercial
uses along Villa Street.The proposal would enhance the long vacant property,which would
have a positive effect on the surrounding properties. The use and the development on the
property will operate with no negative impact on the surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departure from the requirements of the zoning ordinance:
1. Sections 19.12.600, "Obstructions in Yards" and 19.90.015, "Definitions and
Regulations". The refuse enclosure is not permitted to encroach into the required 40-foot
building rear yard setback and 10-foot building side yard setback. The proposed refuse
enclosure is located six feet from the north(rear) and six feet from the west(side)property
lines.
2. Sections 19.12.600, "Obstructions in Yards". The patio is not permitted to encroach into
the required 12.6-foot building street yard setback from the south property line,the required
5-foot building street yard setback form the east property line, and the required 10-foot
building side yard setback from the west property line. The proposed patio in the south
street yard is located three feet from the south property line, three feet from the east
property line, and 0 feet from the west property line.
Staff finds the proposed departures are appropriate to achieve a desirable redevelopment of a long-
vacant and underutilized property. The refuse enclosure is located away from the building at the
northern parking lot driveway for ease of access by the refuse collection trucks. The facility would
be enclosed with a six-foot high solid wall with brick masonry exterior to match the exterior of the
building. Landscaping materials would also be planted on the north, west, and south sides of the
- 13 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
enclosure to further reduce the visual impact of the facility on the surrounding properties. The
applicant is also proposing a four-foot high black ornamental fence along the north and west
property lines to further screen the property from adjacent uses.
The proposed patio would replace the existing paved surface that was previously used as vehicle
use are for storage of vehicles. The new patio would be enclosed with a three-foot high black
ornamental fence and landscaping. The proposed patio would be similar to an outdoor seating area
of a restaurant typically found along an arterial street such as Villa Street.
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,
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. The applicant is requesting approval of a conditional use for a
planned development to establish a community center with management staff offices at
848 Villa Street. The 16,108-square foot property is improved with a vacant one-story
3,727-square foot building and a deteriorating parking lot. A small portion of the property
is located within a 100-year flood plain. The existing building is well suited to serve as the
community center for the adjacent mobile home community. The existing parking lot
would be improved to include 18 parking spaces, while new stormwater infrastructure
would improve the stormwater management in and around the property. Extensive
landscaping would be installed throughout the site, a new four-foot high ornamental fence
would enclose the parking lot, and a three-foot high ornamental fence would enclose the
front patio along Villa Street.
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 property is served with municipal, sanitary and water services. The applicant would
install new water and sewer services for the proposed community center. The parking lot
reconstruction would include installation of a curb and gutter along the west side of Saddler
Avenue with new storwater infrastructure, which would improve the stormwater
management in and around the property.
- 14 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
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 zoning district with respect to
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The property is located at the northwest corner of Villa Street
and Saddler Avenue. The applicant would eliminate the existing curb cut to Villa Street
and the existing gravel shoulder along the entire frontage of the property along Saddler
Avenue.New curb and gutter and two access driveways to Saddler Avenue would improve
the on-street parking and maintain congestion-free traffic circulation.
The proposed community center is required to provide a total of 17 parking spaces based
on the parking requirement of one parking spaces per four seats in the main assembly space,
and one parking spaces for each of the three office employees during the peak demand
shift. With 18 parking spaces proposed, the facility would meet the parking requirement.
D. 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. The proposed conditional use for a planned development would realize
establishment of a needed amenity space for the residents of the adjacent mobile home
community that otherwise would not be possible. The proposal also serves as a transitional
use between the mobile home dwellings to the north and the high intensity, non-residential
uses along Villa Street. The facility would include an outdoor patio along Villa Street,
which would enhance the property's appearance along the primary street. No evidence has
been submitted or found that the proposed use will be located or operated in a manner that
will exercise undue detrimental impact on surrounding properties.
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.
- 15 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petitions 41-18 and 50-18, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Demeke Berhanu-
Haile, as applicant, and Whispering Sands II, LLC, as property owner,received September
18, 2018, and supporting documents including:
a. Letter regarding "Annexation-zoning application for Club House for Residents of the
trailer homes community", prepared by Demeke Berhanu-Haile, dated September 7,
2018;
b. Plat of Survey, prepared by Engineering Resources Associates, dated September 7,
2018;
c. Landscape Plan and Details, Sheet L1.0, and L1-2, prepared by DBH &Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
d. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised October 19, 2018;
e. Site Photometric Plan, Sheet PH0.1, prepared by DBH &Associates, Architects Inc.,
dated May 25, 2018, last revised October 19, 2018;
f. First& Mezzanine Floors-Demolition Plans, Sheet D-1, prepared by DBH&
Associates, Architects Inc., dated May 25, 2018, last revised October 19, 2018;
g. First& Mezzanine Floor Plans, Sheet A2-0, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
h. Elevations & Sections, Sheet A2-1, prepared by DBH & Associates, Architects Inc.,
dated May 25, 2018, last revised October 19, 2018;
i. Existing Conditions and Demolitions Plan, prepared by Engineering Resource
Associates, dated June 14, 2018, last revised November 6, 2018;
j. Site Development Plan, prepared by Engineering Resource Associates, dated June 14,
2018, last revised November 6, 2018;
k. Details plan, prepared by Engineering Resource Associates, dated June 14, 2018, last
revised November 6, 2018; and
1. Renderings, Sheets R-1, R-2, R-3, R-4, and R-5, prepared by DBH &Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 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. A departure is hereby granted to permit the construction of the refuse collection area with
a minimum building rear yard setback of six feet, and minimum building side yard setback
of six feet, in substantial conformance with the following:
- 16 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
a. Landscape Plan and Details, Sheet L1.0, and L1-2, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
b. Dumpster Enclosure Details, Sheet L-2, prepared by DBH &Associates, Architects
Inc., dated May 25, 2018, last revised October 19, 2018;
c. Site Development Plan, prepared by Engineering Resource Associates, dated June 14,
2018, last revised November 6, 2018;
3. A departure is hereby granted to permit the construction of a patio with a minimum building
street yard setback of three feet from the south and east property lines, and no minimum
building side yard setback from the west property line, in substantial conformance with the
following:
a. Landscape Plan and Details, Sheet L1.0, and L 1-2, prepared by DBH & Associates,
Architects Inc., dated May 25, 2018, last revised October 19, 2018;
b. Dumpster Enclosure Details, Sheet L-2, prepared by DBH & Associates, Architects
Inc., dated May 25, 2018, last revised October 19, 2018;
c. Site Development Plan, prepared by Engineering Resource Associates, dated June 14,
2018, last revised November 6, 2018;
4. The community center facility shall only be available for rent to the residents of the Old
Oaks Estates mobile home community, and shall not be available for rent to members of
the general public.
5. Box-type wall graphics are not permitted. Any wall graphics to be installed must be
channel-letters street graphic attached to the masonry portion of the exterior walls. Any
window/door signs shall be painted on the glass.
6. Assembly uses permitted by this grant of conditional use shall include:
a. Business Meetings, Business Dinners, Breakout Session, and/or Round-Table
Discussions;
b. Banquets (General);
c. Baby Showers and/or Bridal Showers;
d. Baptisms and/or Christenings;
e. Celebrations, Soirees, and Private Parties, such as Anniversaries, Birthdays, Bar
Mitzvahs and Bat Mitzvahs, and/or Quinceaneras;
f. Farm-to-table Meal Events;
g. Fundraisers;
h. Galas;
i. Graduation Parties;
j. Live Performances, such as musical, dance, dramatic, readings and/or plays;
k. Meetings, including but not limited to Board, Business, Public and/or Shareholders
Meetings;
- 17 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
1. Mind and Body Classes and Sessions, including but not limited to Mediation and/or
Yoga;
m. Networking Events;
n. Plenary or General Sessions;
o. Retreats and Team Buildings Events;
p. Social Events;
q. Video Shoots;
r. Wedding Ceremonies & Receptions, including but not limited to traditional weddings,
elopements, and/or civil unions; and
s. Other like assemblies of people.
7. Incidental entertainment as an accessory use to a permitted principal use is permissible, in
so long as said entertainment complies with all city codes and ordinances, including but
not limited to the restrictions upon "uses, accessory" as articulated within Section
19.90.015, "Definitions and Regulations" of the Elgin Municipal Code, 1976 as amended,
and as said section may be amended from time to time.
8. Any event of an above assembly use may be catered, with food preparation and service
provided either by the applicant or from an off-site establishment, subject to compliance
with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly,
any event of an above assembly use may include the incidental service of alcohol, with
such service provided either by the applicant or from an off-site establishment, subject to
compliance with applicable health, sanitation, and liquor codes, ordinances, rules and
regulations.
9. Any event of an above assembly use may include the incidental playing of amplified live
or recorded music, subject to compliance with applicable noise codes, ordinances, rules
and regulations. The incidental playing of amplified live or recorded music is only
permitted on the interior of the community event space. The applicant must comply with
Chapter 10.30 "Noise" of the Elgin Municipal Code, 1976 as amended.
10. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval of Petitions
41-18 and 50-18, subject to the conditions outlined by the Community Development Department,
was six (6) yes, zero (0) no, and zero (0) abstentions. All members were present.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
- 18 -
Recommendation & Findings of Fact
Petitions 41-18 and 50-18
December 3, 2018
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning & Zoning Commission
- 19 -
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Department of Community Development Feet
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Petition 41 -18 & 50-18
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EXHBIIT C Parcel Map N
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Department of Community Development Feet
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Petition 41 -18 & 50-18
OLIVES OLIVE ST
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Legend
ORC1 Residence Conservation 1 iJ
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Q PSFR1 Planned Single Family Residence 1Niti
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®TRF Two Family Residence
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-MFR Multiple Family Residence
-PMFR Planned Multiple Family Residence
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-NB Neighborhood Business \
-PNB Planned Neighborhood Business gtJ�
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EXHIBITS Zoning Map .
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Department of Community Development Feet
EXHIBIT D
SITE LOCATION
848-850 Villa Street
Petition 41-18 and 50-18
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EXHIBIT D
SITE LOCATION
848-850 Villa Street
Petition 41-18 and 50-18
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EXHIBIT D
SITE LOCATION
848-850 Villa Street
Petition 41-18 and 50-18
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EXHIBIT D
SITE LOCATION
848-850 Villa Street
Petition 41-18 and 50-18
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