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HomeMy WebLinkAboutG27-03 Ordinance No . G27-03 !s i ' AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN UPPER FLOOR APARTMENT DWELLING IN THE CC1 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR DISTRICT (160 EAST CHICAGO STREET) WHEREAS, written application has been made for a conditional use for a clothing distribution center in the CC1 Center City District and ARC Arterial Road Corridor District at 160 East Chicago Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval ; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE /► CITY OF ELGIN, ILLINOIS : Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 19, 2003 , made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a planned development to permit the establishment of an upper floor apartment dwelling in the CC1 Center City District at 160 East Chicago Street and legally described as follows : THE EASTERLY 22 FEET OF LOT 7 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER (EXCEPT THAT PART CONVEYED TO THE CITY OF ELGIN BY DEED DATED MARCH 4 , 1867 AND RECORDED APRIL 2 , 1883 AS DOCUMENT NO. 23342) , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 160 EAST CHICAGO STREET) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose and Conformance, prepared by Weert Goldstein and Cindy Leman, dated March 10 , 2003 . 2 . Substantial conformance to the Floor Plan, of."' submitted by Weert Goldstein and Cindy Leman, dated March 10 , 2003 . 3 . Compliance with all applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. E Schoc , Mayor Presented: April 23 , 2003 Passed: April 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: April 24, 2003 Attest : S44hkAmXIL_ Otre-C144,-- Dolonna Mecum, City Clerk r March 19, 2003 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 17-03 Requesting a Conditional Use for an Upper Floor Apartment Dwelling in the CC1 Center City District and the ARC Arterial Road Corridor District; Property Located at 160 East Chicago Avenue by Weert Goldstein and Cindy Leman, as Applicants, and D&R Enterprises, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: First Floor Print Shop and Second Floor Office Property Location: 160 East Chicago Street Applicant: Weert Goldstein and Cindy Leman Owner: D &R Enterprises Staff Coordinator: Lauren Pruss, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) rik G. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board ... Petition 17-03 March 19, 2003 BACKGROUND An application has been filed by Weert Goldstein and Cindy Leman requesting conditional use approval for an upper floor apartment dwelling in the CC1 Center City District.The subject property is located at 160 East Chicago Street (reference Exhibits A, B, C, D, and E) . The applicant proposes to renovate the existing second floor office space for use as an upper floor apartment dwelling. The proposed apartment will contain 2,332 square feet of floor area. Initially, the applicant intends to occupy the apartment as their personal place of residence, but will most likely offer the apartment for rent at a later date. Upper floor apartment dwellings require conditional use approval in the CC1 Center City District (reference Exhibits F and G). FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 17-03 on March 19, 2003. The applicant testified at the public hearing and presented documentary evidence in support of the application.No public testimony was presented at the public hearing. No written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated March 10, 2003. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927: E Commercial District 1950: E Commercial District 1960: E Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC1 Center City District ARC Arterial Road Corridor District B. Surrounding Land Use and Zoning Findings. The areas to the north,south,east,and west are zoned CC1 Center City District and are developed with a mix of retail, service, professional, and residential land uses. C. Trend of Development Findings.The central portion of the City has developed with a mix of business, residential, and institutional uses. The subject property is located within the traditional downtown,which continues on its course of revitalization. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 17-03 March 19, 2003 D. Zoning District Findings. The purpose of the CC1 Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric. The CC 1 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. E. 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 the site characteristics standard. The subject property is a regularly shaped parcel containing approximately 2,904 square feet of lot area. The property is improved with a two(2)story, 4,752 square foot structure and a small paved area located just north of the building. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parking Standard. The availability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on East Chicago Street. East Chicago Street is an arterial street serving the east and west sides of Elgin. Off street parking will be provided in conformance with the off street parking ordinance. While land uses within the CC1 Center City District are not required to provide off street - 3 - Findings of Fact Zoning and Subdivision Hearing Board jook Petition 17-03 March 19, 2003 parking,the applicant proposes to provide one parking stall located off the alley to the rear of the building. Additionally,limited on street parking is permitted on East Chicago Street,and the applicant could lease a parking space within the nearby Spring Street parking deck if needed. H. Location,Design,and Operation Standard.The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The subject property may be suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes. The introduction of dwelling units within the center city will help further the City's efforts towards revitalization of the downtown. The proposed renovation of this building's second floor will provide an opportunity to bring residents into the downtown and will help to establish a desirable 24-hour presence in the area.The increase in residents in the center city will help to sustain the commercial component of the existing downtown,and will likely create opportunities for future commercial development to serve the residential community in the downtown. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval, a denial,or an approval with some combination of conditions,there are no substantive alternatives. -4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 17-03 March 19, 2003 RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 17-03. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was five (5)yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Weert Goldstein and Cindy Leman, dated March 10, 2003. 2. Substantial conformance to the Floor Plan,submitted by Weert Goldstein and Cindy Leman, dated March 10, 2003. 3. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 17-03 was adopted. Azi, Robert LartDoiseChairman Zoning and Subdivision Hearing Board 1#1.k e2.0 David Sundland, Secretary Zoning and Subdivision Hearing Board eft. - 5 -