G27-03 Ordinance No . G27-03
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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.
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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
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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.
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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.
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