G5-15 Ordinance No. G5-15
AN ORDINANCE
GRANTING A CONDITIONAL USE TO
ESTABLISH A COMMERCIAL EVENT SPACE
INVOLVING VARIOUS ASSEMBLIES OF PEOPLE
IN THE CC2 CENTER CITY DISTRICT
(166 Symphony Way)
WHEREAS, written application has been made requesting conditional use approval to
establish a commercial event space to host various banquets, ceremonies, celebrations, meetings,
seminars, exhibitions, and other like activities that involve the assembly of persons within a
portion of the building located at 166 Symphony Way, which is legally described herein and is
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Subject Property is located within the CC2 Center City District and such
assembly uses are listed conditional uses within the CC2 district; and
WHEREAS, after due notice in the manner provided by law, the Planning & Zoning
Commission conducted a public hearing concerning said application on February 2, 2015; and
WHEREAS, the Planning & Zoning Commission has submitted its written Findings of
Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed and concurs
with the recommendations of the Community Development Department and the Planning &
Zoning Commission.
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 February 2, 2015, made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to establish a commercial event space that involves
various assemblies of people within the tenant space at the Subject Property, which is legally
described as follows:
Lot 3 (except the Westerly 32 feet and also except the Southerly 6 feet), reserved Lot No.
47 (except the Easterly 132 feet and except that part lying Westerly of the Easterly line of
the Westerly 32 feet of said Lot 3 extended Northerly) and the Southerly half of the
vacated alley lying Northerly of and adjoining in Phineas J. Kimball's Jr. Second
Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known
as 166 Symphony Way)
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Development Application and attachments,
submitted by John Haight and Raul Negron, dated received April 18, 2014. In the
event of any conflict between the Development Application and attachments,
including but not limited to that document titled "Conditional Use Statement of
Purpose and Conformance," and this ordinance or other applicable city
ordinances, this ordinance or other applicable city ordinances shall supersede and
control.
2. Substantial conformance with the Statement of Purpose and Conformance and
Examples of Floor Plans Layouts, as revised by Doree Haight, on behalf of the
applicants, dated received December 9, 2014.
3. Substantial conformance to the Exterior Egress Stair Project Rendering (Sheet A-
2), prepared by Proffit and Wallen LLC, dated January 21, 2015.
4. Assembly uses permitted by this grant of conditional use include:
Business Dinners, Breakout Sessions, and/or Round-Table Discussions;
Banquets (General);
Baby Showers and/or Bridal Showers;
Baptisms and/or Christenings;
Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays,
and/or Bar and Bat Mitzvahs);
Conferences, Conventions, and/or Seminars;
Colloquiums;
Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
Corporate and/or Non-profit Events;
Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or
Painting Classes;
Exhibitions, including but not limited to Art Shows;
Expositions;
Fairs and/or Festivals;
Fundraisers;
Galas;
Gallery Displays, including but not limited to works of art, either
temporary or permanent;
Live Performances, Readings, and/or Plays;
Meetings, including but not limited to Board, Business, Public and/or
Shareholders Meetings;
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Mind and Body Classes and Sessions, including but not limited to
Meditation and/or Yoga;
Networking Events;
Plenary or General Sessions;
Political Events;
Press Conferences;
Product Launch Events;
Receptions;
Retreats and Team Building Events;
Social Events;
Symposiums;
Weddings Ceremonies & Receptions, including but not limited to
traditional weddings, elopements, and/or civil unions;
Wine and/or Food Tastings; and
Other like assemblies of people.
5. 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. Finally, 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.
6. The above assembly uses are authorized for only the indoor tenant space
described within the associated application for conditional use. However, said
uses may be established on the Subject Property outside the building as an
authorized permitted use, provided the specific event is established and operates
in compliance with the temporary use provisions of Section 19.90.015, and the
applicant is subject to all such provisions including but not limited to the number
and duration and requirement for a separate permit for each outdoors event.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
8. 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.
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Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
fi. if/0"..1iP
Davie J. Ka y'.in, eyor
Presented: March 18, 2015
Passed: March 18, 2015 `( OF k"
Vote: Yeas: 9 Nays: 0 ;•G� ��'C>2
Recorded: March 18, 2015 '�
Published: March 20, 2015 - , -44 §
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Attest:
Kimberly Dewis, Cit Clerk
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February 2, 2015
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Communit■ Development Department ('it■ of II.
OVERVIEW
John Haight and Raul Negron request conditional use approval to permit the addition of land
uses that involve the assembly of people within the existing building which is located at 166
Symphony Way. The Planning & Zoning Commission recommends approval of the
application, subject to the conditions outlined at the end of this report.
GENERAL INFORMATION
Petition Number: 20-14
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report(See Recommendation Detail)
History: After due notice as required by law, the Planning & Zoning
Commission held a public hearing and considered Petition 20-14
on February 2, 2015. The applicant submitted a Statement of
Purpose and Conformance dated received December 9, 2014, and
testified at the public hearing.
Applicant: John Haight and Raul Negron d/b/a THE HAIGHT
Owner: Linda Haight d/b/a 231 Douglas LLC
Staff Coordinator: Denise Momodu, Associate Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance,Application
F. Draft Conditional Use Ordinance
G. Related Correspondence
Exhibit A
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
BACKGROUND & PROJECT DETAIL
An application has been filed by John Haight and Raul Negron for proposed activities involving
the assembly of people which is classified as a conditional use within the CC2 Center City
District and requires a public hearing and City Council approval. The subject property located at
166 Symphony Way.
The applicants request to operate an event space (ballroom/banquet hall) operation to be known
as THE HAIGHT,which will be made available to rent for special events such as,but not limited
to baby showers, bridal showers, wedding receptions, birthday parties, corporate offsite
meetings, holiday parties, etc. The proposed business will offer an alternative event space which
will include unique vintage features such as 100-year old wood beams, exposed brick walls,
original plank flooring, and recycled decorations.
The event space will occupy 9,000 square feet of floor area within the 28,968 square foot
commercial building; with 2,000 square feet of floor area on the first floor, and 7,000 square feet
on the second floor. The event space will be available for rent weekends and weekdays. At this
time the applicants are not proposing to cook any food on-site, all foods will be prepared off-site
by licensed catering companies. The applicants are requesting to have alcohol served on the
premises.
The existing 3-story brick building, currently owned and operated by Linda Haight, was built in
1890 (according to the Elgin Township records) by A.C. Muntz for his business and residence.
Muntz owned and operated the Elgin Storage and Transfer Company for more than 25 years,
running horse drawn buses carrying the Elgin watch factory workers to and from their homes. In
1985, John Haight purchased and renovated the building. The main floor walls still show small
square windows, which have since been bricked up, where each stable once was and the iron
rings where the horses were tethered. The original structure measured 34 by 132 feet. An
addition was created later which expanded the building to its present size that now stretches from
Symphony Way northwards towards Kimball Street.
The second floor apartment where Muntz and his family lived includes features such as wide
wood baseboards; wood doors with surrounding trim and floors inlaid with the original oak and
maple features. The original kitchen still exists with its original wood case cabinetry and also
includes a wainscoted bathroom which features the apartment's first hot water heater - a tank
raised off the floor with a connected heating device.
Since 2014, Town& Country Gardens has occupied the northerly portion of the first floor. Pop's
Plus recording studio has occupied the front half of the second floor since 2002. The third floor,
which once served as storage for the hay& oats to feed the team of horses, is private space being
used by the Haight family.
Primary access to the event space is provided through a single entrance along Symphony Way. A
required secondary means of egress from the second floor of the existing building to the roof
platform of Town & Country Gardens has recently been approved, and is currently under
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
construction. The Building & Development Manager determined that the total maximum
occupancy of the proposed space would be 493 people total; with 360 persons on the second
floor, and 133 persons on the first floor, provided the proposed second means of egress is
established.
The proposed activities involving the assembly of people are classified as a conditional use
within the CC2 Center City District and require a public hearing and City Council approval. The
purpose and intent of the provisions for conditional use approval is to recognize that there are
certain uses which cannot be properly classified without individual review and consideration.
GENERAL FINDINGS
The Planning and Zoning Commission has made the following general findings:
A. Zoning History. The subject property was part of the original plat of Elgin which was
laid out in 1842 by James T. Gifford. The property was reclassified in 1992 to CC2
Center City District as part of a comprehensive amendment to the zoning ordinance. The
original building on the property was constructed in 1890 as a storage/warehouse and
residence. From 1926-1929 the Elgin Saddlery and Milk Company occupied the building
followed by the Elgin Sanitary Milk Company and then by Cable Piano Company. From
1940 until 1983, Ludwig Dairy, then owned by Dominick's Food stores occupied the
building. Grater Wisconsin Inc. was the last business that occupied the building in a
storage-warehousing capacity. In the past several years the city has approved numerous
temporary use occupancies for special events.
B. Surrounding Land Use and Zoning. The areas located to the north, west and east of the
subject property are zoned CC2 Center City District and developed with a mix of
commercial and residential uses, and surface parking lots.
The area located immediately south of the subject property is zoned CC1 Center City
District and is developed with the Elgin Police Department facility.
C. Trend of Development. The subject property is located on the edge of the central
business district in an area that is developed with a mix of business, residential and
institutional uses.
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
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
transition between the more intense development in the CC1 zoning district and the
residential neighborhoods surrounding the center city.
STANDARDS FOR CONDITIONAL USES
The Planning & Zoning Commission has made the following findings regarding this application
against the standards for conditional uses outlined within§ 19.65:
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 proposed use meets the site characteristics standard in that this standard
evaluates only the site at which the use is proposed. The subject property is a rectangular
shaped parcel consisting of approximately 4,488 square feet of lot area. The property is
developed with a 3-story masonry building, which is almost built lot-line-to-lot-line.
There are no significant natural features on the subject property.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings. The proposed use meets the sewer and water standard. The subject property is
served by municipal water and sanitary sewer systems.
C. Traffic and Parking Standard. The availability of the subject property for the intended
conditional use with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
Findings. The proposed use meets the traffic and parking standard. The project is located
on Symphony Way, which is a local street serving the downtown.
The subject property is located within 300 feet of a municipal parking facility — the
Centre Parking garage. Within the CC2 Zoning District, land uses located within 800 feet
of a municipal off street parking facility are not required to provide off street parking. A
city-owned parking lot is located immediately to the west of the subject property.
D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The proposed use meets the comprehensive plan standard. The subject
property is designated "Community Mixed Use" in the City's Comprehensive Plan and
Design Guidelines dated 2005. Areas designated Commercial Mixed Use provides focus,
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
identity, and convenient goods and services as well as some employment, for a number of
surrounding neighborhoods in a larger trade area. The ideal community mixed use center
should be between 30-100 acres of commercial, office, entertainment, medium density
residential, and institutional uses accessed by arterial streets and transit services. The
center would have parcels and buildings scaled to pedestrians, small enough to encourage
parking once and walking to more than one destination. Off-street parking is shared and
on-street parking helps to contribute to the intimate scale of well-functioning pedestrian
environments. Parking located between and behind buildings permits people to walk
more safely and comfortably between uses that front onto sidewalks rather than large
parking lots. Seating and shade along pedestrian routes promotes walking and informal
gathering.
The proposed uses within the tenant space are in keeping with the goals, objectives, and
policies of the comprehensive plan designation. The applicants offer to establish a unique
event space within downtown Elgin.
E. 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 proposed use will meet the location, design, and operation standard. 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.
F. 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. The proposed use meets the historic preservation standard. The subject
property is not designated as a historic landmark nor is it located within a historic district.
The proposed adaptive reuse of a building built in 1890 as storage/warehouse/residence
into a unique, rustic, romantic event space will be an appropriate use for the downtown
area.
APPLICABLE CODE ISSUES
The following are additional comments and/or requirements of the city's various reviewing
departments pertaining to life, fire safety and other applicable code issues pertaining to the
property that are required to be addressed either prior to obtaining the requested conditional use
approval and prior to obtaining a final Certificate of Occupancy.
1. Fire Department
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
Comments that materially affect the site and/or building plans
As long as the secondary exit to the roof platform is approved, no additional comments
from Fire Department.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
2. Community Development—Building and Development Division
Comments that materially affect the site and/or building plans
The proposed exterior staircase and platform has been reviewed and approved and a
construction permit has been issued. It is currently under construction.
Comments that will be addressed during the Plan Review/Permitting process
All necessary building permits as required by the City of Elgin.
3. Community Development—Code Enforcement Division
Comments that materially affect the site and/or building plans
No issues from Code Enforcement.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
4. Public Works-Engineering Division
Comments that materially affect the site and/or building plans
No Comments
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
5. Police Department
Comments that materially affect the site and/or building plans
No issues from Police Department.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
6. Public Works—Parks and Open Space Maintenance
Comments that materially affect the site and/or building plans
Not Applicable
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
7. Water Department
Comments that materially affect the site and/or building plans
The building is currently served with a 5/8" water meter. If any additional bathroom
6
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 20-14 February 2, 2015
fixtures are installed or the need for additional flow through the current service/meter,
both the water service size and water meter may need to be increased as required by the
Plumbing Code.
Comments that will be addressed during the Plan Review/Permitting process
Not Applicable
ADDITIONAL PERMITS/APPROVALS REQUIRED
A liquor license for the consumption and sale of alcohol within the ballroom hall will need to be
approved by the city's Liquor Control Commission.
RECOMMENDATION DETAIL
By a vote of five (5) yes, zero (0) no, the Planning & Zoning Commission recommends the
approval of Petition 20-14, subject to the following conditions:
1. Substantial conformance with the Application and Attachments, submitted by John
Haight and Raul Negron, dated received April 18, 2014.
2. Substantial conformance with the Statement of Purpose and Conformance and Examples
of Floor Plans Layouts, as revised by Doree Haight, on behalf of the applicants, dated
received December 9, 2014.
3. Substantial conformance to the Exterior Egress Stair Project Rendering (Sheet A-2),
prepared by Proffit and Wallen LLC., dated January 21, 2015.
4. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
5. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 20-14 was adopted.
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Dave Waden
Dave Waden, Secretary
Planning&Zoning Commission
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EXHIBITA Aerial/Location Map N
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Petition 20-14
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EXHIBITS Zoning Map "
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EXHBIIT C Parcel Map N
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SITE LOCATION EXHIBIT D
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SITE LOCATION EXHIBIT D
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SITE LOCATION EXHIBIT D
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