Loading...
HomeMy WebLinkAboutG27-23 Ordinance No. G27-23 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (1725 North State Street) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct an outdoor eating and drinking facility with a pergola in the street yard at 1725 North State Street; and WHEREAS, the zoning lot containing the premises at 1725 North State Street is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and an outdoor eating and drinking facility is listed as a permitted encroachment in the street yard,but a pergola is listed as a permitted encroachment only in the rear yard; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on June 5, 2023, 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 conditional use for a planned development in the AB Area Business 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 June 5, 2023, 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 a conditional use for a planned development to construct an outdoor eating and drinking facility with a pergola in the street yard with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 1725 North State Street, and commonly identified by Kane County Property Index Number 03-34-178-004, and legally described as follows: Parcel 1: That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: commencing at the Southwest corner of the Southeast Quarter of said Section 34;thence North 4 degrees 05 minutes 0 seconds East 2,972.68 feet through a point on the East and West Quarter section line that is 149.0 feet East of the center of said Section 34;thence North 78 degrees 44 minutes 0 seconds West 592.26 feet; thence South 9 degrees 17 minutes 0 seconds West parallel with the center line of State Route 31, a distance of 248.03 feet; thence North 81 degrees 08 minutes 0 seconds West 164.18 feet for the point of beginning; thence continuing North 81 degrees 08 minutes 0 seconds West 233.0 feet to the center line of State Route 31; thence South 9 degrees 17 minutes 0 seconds West along said center line 250.0 feet; thence South 81 degrees 08 minutes 0 seconds East 75.0 feet; thence South 9 degrees 17 minutes 0 seconds West parallel with the center line of State Route 31, a distance of 20.0 feet; thence South 81 degrees 08 minutes 0 seconds East 100.0 feet;thence South 7 degrees 52 minutes 0 seconds West 42.73 feet to the Northwest corner of a private road as platted in Miller's Hangars, a subdivision in part of said Section 34; thence South 89 degrees 21 minutes 0 seconds East along said North line 3 64.3 8 feet;thence North 0 degrees 39 minutes 0 seconds East 100.0 feet; thence North 89 degrees 21 minutes 0 seconds West parallel with the North line of said private road, a distance of 125.0 feet; thence South 00 degrees 39 minutes 0 seconds West 9.0 feet;thence North 89 degrees 21 minutes 0 seconds West,parallel with the North line of said private road, a distance of 148.35 feet; thence North 3 degrees 59 minutes 44 seconds East, 210.43 feet to the point of the beginning, in the City of Elgin, Kane County, Illinois. (commonly known as 1725 North State Street). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Bob Karas/Alexander's Restaurant, as applicant, and Karas and Karas Properties, LLC., as property owner,received April 25, 2023, and supporting documents including: a. Letter from Bob Karas regarding Alexanders Patio Variance, dated April 20, 2023; b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated December 12, 2000; 2 c. Undated Existing Parking Lot Site Plan, received May 2, 2023, with such further revisions as required by the Community Development Director; d. Undated Proposed Parking Lot Site Plan, received May 2, 2023, with such further revisions as required by the Community Development Director. e. Drawing# 3 for Alexanders Restaurant,prepared by Signature Inc., dated April 20, 2023, with such further revisions as required by the Community Development Director; f. Sheet Al Pergola Alexander's Cafe, prepared by FredeRick Gilmore, Architect, dated May 1, 2023, with such further revisions as required by the Community Development Director; and g. Undated 5-page renderings of the proposed outdoor patio, received April 24, 2023, with such further revisions as required by the Community Development Director. 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 construct a 18-foot wide by 34-foot long pergola as part of an outdoor eating and drinking facility (outdoor patio) in the street yard of the Subject Property with the minimum setback of 48 feet from the west (street) property line. 3. All street graphics must comply with the zoning ordinance requirements. 4. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. 09 &A, avid fKaptA, Mafor Presented: July 26, 2023 Passed: July 26, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: July 26, 2023 Published: July 26, 2023 r4 r imberly Dewis, WClerk 3 EXHIBIT A June 5, 2023 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 11-23, an application by Bob Karas/Alexander's Restaurant, as applicant, and Karas and Karas Properties, LLC., as property owner, requesting approval of a planned development as a conditional use with a departure from the Elgin Municipal Code requirements for the location of a pergola,and any other departures as may be necessary or desirable, to construct an outdoor eating and drinking facility (patio) partially covered by a pergola in the street yard of the existing restaurant at the property commonly referred to as 1725 N. State Street. GENERAL INFORMATION Petition Number: 11-23 Property Location: 1725 N. State Street Requested Action: Planned development as a conditional use Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Eating_nlace(restaurant) and drinking place(service of alcohol) Proposed Use: No change. Easting place(restaurant) Applicant: Bob Karas/Alexander's Restaurant Owner Karas and Karas Properties, LLC. Recommendation & Findings of Fact Petition 11-23 June 5,2023 Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Bob Karas/Alexander's Restaurant, as applicant, and Karas and Karas Properties, LLC., as property owner, are requesting approval of a planned development as a conditional use with a departure from the Elgin Municipal Code requirements for the location of a pergola,and any other departures as may be necessary or desirable, to construct an outdoor eating and drinking facility (patio) partially covered by a pergola in the street yard of the existing restaurant at the property commonly referred to as 1725 N. State Street. The 1.95-acre subject property is located on the northeast corner of N. State Street (Illinois Route 31) and Toll Gate Road intersection. The property is zoned AB Area Business District and is part of ARC Arterial Road Corridor Overlay District. The property is improved with a 5,854-square foot one-story restaurant building and accessory parking lot with 124 parking spaces.The property has one full access driveway to N. State Street and one limited,entrance-only,driveway off of Toll Gate Road. The original Alexander's restaurant was first established within the existing building in 1987. The restaurant was rebranded as Alexander's Cafd in 2014. The properties to the west and south are also zoned AB Area Business District. The property to the west across N. State Street is the BP gas station with a convenience store. The property to the south across Toll Gate Road is the Holiday Inn hotel. The properties to the north and east are part of the Village of West Dundee and are zoned SDD Special Development District. The property adjacent to the north is Thornton's gas station with a convenience store. The property adjacent to the east is the Sonesta Select Chicago Elgin West Dundee hotel. -2 - Recommendation& Findings of Fact Petition 11-23 June 5, 2023 fir. 4 a'' � c44 �` • ,., �� ��Subject Pro ert „ c +, t tOWL- f C s y _ r Figure 1.Site area map with zoning overlay Proposal The applicant, owner of the Alexander's Cafe, is proposing to construct an outdoor patio in front of restaurant, which would partially be covered by a wood pergola. While an outdoor eating and drinking facility(outdoor patio) is permitted in the street yard, a pergola is not. A pergola is only allowed in the rear yard of a property. The proposed 900-square foot outdoor patio would consist of two general areas.A 160-square foot area would be constructed adjacent to the building, while a larger 742-square foot area would be constructed south of the existing entrance canopy and would replace five existing parking spaces. The 18-foot wide by 34-foot-long pergola(612 square feet)would be centered over the 742-square foot patio with a 48-foot setback from the west (street) lot line. Both outdoor patio areas would have a new brick paver surface. The 742-square foot portion south of the entrance canopy would also be enclosed with two 24-inch-high planters, and a 20-inch-high seating wall. The pergola would be made of cedar wood. Extensive new landscaping would be installed around the entire outdoor patio area. The applicant is proposing minor building renovation to construct a new door for direct access from the restaurant to the new patio. -3 - Recommendation & Findings of Fact Petition 11-23 June 5,2023 B KARENS AZALEA 9 ETDLE%SUM1n'DRANGEA - NEW DOOR 3 GREEN MOUdTAN BOXWOOD ELECTRICAL SERMCE FROM I WE EURM IB'-HAIL WALL CONXIT W M CORVV V CE OUTLET AND ODE%MT i CEDAR POST ONLY-NO C UXI NS : \ (CUT OUT CONCRETE FOR NEW PORTS) WKX PAVERS EX.CONCRETE DEL S4LOR COURSE BRC<PA S F7h13 F k ' • 53' PLANTER PLANTER (24'TALL) (24"TALL) W KF REED GRA55 CEDAR PERGOLA NOTE 4 PANTRR NNEBARK REMOVE 3 NANDCIP PARpJG SPACES AND 3 REGULAR PARKING SPACES 20 NN`ELN DWARF FOINTAN GRASS SEAT WAIL(20'TALI.) CONCRETE CURB Figure 2.Proposed patio plan The proposed patio would replace five existing parking spaces (two regular stalls and three accessible stalls). The applicant plans to restripe a portion of the parking lot immediately north of the building to reestablish the three lost accessible parking spaces,which results in the loss of three regular spaces.Overall,the proposed outdoor patio would result in the loss of eight parking spaces. The property would still be left with 116 parking spaces which exceeds the zoning ordinance parking requirement for the restaurant(98 parking spaces). Figure 3. Renderings of the proposed patio - 4 - Recommendation &Findings of Fact Petition 11-23 June 5,2023 As the property is less than two acres in size, the applicant is requesting approval of a planned development as a conditional use to allow for the one departure from the zoning ordinance requirements to allow a pergola in the street yard. The required departure is listed in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1.Detail of Departures for 1725 N. State Street Requirement Proposal Pergola location In rear yard only In street yard,48 feet from the west (street) lot line If the conditional use for a planned development(zoning approval)is granted,the applicant would still have to apply for and obtain an updated liquor license prior to the start of alcohol service on the proposed patio. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the City in 1985. Upon annexation,the property was classified B3 Service Business District. In 1992,the property was rezoned to AB Area Business District. In 2001,the property became part of the ARC Arterial Road Corridor Overlay District. The existing building was constructed prior to the 1985 annexation to the City.At that time the property was home to the Elgin Watchworks Restaurant. In 1987, Alexander's restaurant opened within the existing building, and in 2014, the restaurant was renamed and rebranded as Alexander's Cafd restaurant. B. Surrounding Land Use and Zoning. The properties to the west and south are also zoned AB Area Business District. The property to the west across N. State Street is the BP gas station with a convenience store. The property to the south across Toll Gate Road is the Holiday Inn hotel. The properties to the north and east are part of the Village of West Dundee and are zoned SDD Special Development District. The property adjacent to the north is Thornton's gas station with a convenience store. The property adjacent to the east is the Sonesta Select Chicago Elgin West Dundee hotel. C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and intersection, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian- - 5 - Recommendation &Findings of Fact Petition 11-23 June 5,2023 friendly. D. Zoning District. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population.AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC Center City District. E. Trend of Development.The subject property is located along N. State Street north of I-90 Tollway. Properties on both sides of N. State Street with direct access/frontage to N. State Street north of Toll Gate Road have developed with commercial uses due to their proximity to the I-90 and IL 31 (N. State Street) interchange, and because of their proximity to the industrial properties further to the east and west along I-90 Tollway. Most recent development in the area is the expansion of the BP gas station to include the diesel fuel stations for semi-trucks. Staff anticipates the development of all surrounding properties with State Street access will continue to be that of commercial auto-oriented type and character. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 11-23 on June 5,20233.Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated June 5, 2023. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 1.95-acre property has been developed in the same configuration with a 5,854-square foot restaurant and accessory parking since prior to its annexation to the City in 1985. The applicant is proposing what can be considered minor site improvements to construct an outdoor patio that would replace five existing parking spaces. The proposed patio, in addition to the pergola, would be separated by a -6- Recommendation & Findings of Fact Petition 11-23 June 5,2023 typical 6-inch-high concrete curb from the adjacent parking lot drive-aisle, 24-inch-high planter boxes, and 20-inch-high seating wall. The applicant would also install additional landscaping on all sides of the proposed patio. No existing site features including topography,watercourses,vegetation, and property improvements exist that would have a negative impact on the proposed patio construction. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer,and stormwater systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The subject property is improved with a 5,854- square foot restaurant and accessory parking lot with 124 parking spaces.The property has one full access driveway to N. State Street, and one secondary, limited-access, entrance- only driveway to Toll Gate Road. The existing access driveways provide adequate access to and from the property. The proposed outdoor patio will not have any effect on the existing safe on-site and off-site traffic circulation. The proposed patio will result in the loss of eight parking spaces on site. The property is - 7- Recommendation & Findings of Fact Petition 11-23 June 5,2023 required to have 98 parking spaces based on the requirement for one parking space per 60 square feet of floor area. Even with the loss of eight parking spaces, the property would still have 116 parking spaces left,which exceeds the minimum parking requirement for the property- D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed to the City in 1985. Upon annexation, the property was classified B3 Service Business District. In 1992,the property was rezoned to AB Area Business District. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing building was constructed prior to the 1985 annexation to the City.At that time the property was home to the Elgin Watchworks Restaurant. In 1987, Alexander's restaurant opened within the existing building, and in 2014, the restaurant was renamed and rebranded as Alexander's Cafe restaurant. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning.The properties to the west and south are also zoned AB Area Business District. The property to the west across N. State Street is the BP gas station with a convenience store. The property to the south across Toll Gate Road is the Holiday Inn hotel.The properties to the north and east are part of the Village of West Dundee and are zoned SDD Special Development District. The property adjacent to the north is Thornton's gas station with a convenience store. The property adjacent to the east is the Sonesta Select Chicago Elgin West Dundee hotel. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located along N. State Street north of I-90 Tollway. Properties on both sides of N. State Street with direct access/frontage to N. State Street north of Toll Gate Road have developed with commercial uses due to their proximity - 8 - Recommendation & Findings of Fact Petition 11-23 June 5,2023 to the I-90 and IL 31 (N. State Street) interchange, and because of their proximity to the industrial properties further to the east and west along I-90 Tollway. Most recent development in the area is the expansion of the BP gas station to include the diesel fuel stations for semi-trucks. Staff anticipates the development of all surrounding properties with State Street access will continue to be that of commercial auto-oriented type and character. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan.Located along the City's heavily traveled corridors and intersection, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-friendly. I. 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 of planned 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 to allow for the one departure from the site design requirements of the zoning ordinance. The 1.9- acre property is less than two acres,which is necessary to establish a Planned Development District. The proposed conditional use for a planned development would allow for establishment of an outdoor eating and drinking facility for an existing restaurant with a -9- Recommendation& Findings of Fact Petition 11-23 June 5,2023 fully developed site and no ability to construct an attractive, meaningful, and code- compliant outdoor patio with a pergola. While the proposed pergola is located in the street yard,it is designed is such way that would will enhance the aesthetic appeal of the property and thereby its value. This in turn will have a positive effect on the surrounding properties. The proposed pergola and outdoor patio is still located approximately 48 feet from the west (street)lot line along N. State Street and would not have any effect on the existing on-site and off-site traffic circulation. 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 subject property is improved with a 5,854- square foot restaurant building and accessory parking lot. The majority of the property is improved. The proposed outdoor patio would replace five existing parking space. An unimproved area of approximately 15,000 square feet exists at the back of the existing parking lot.This undeveloped area would remain without any changes.The proposed patio would also include extensive new landscaping on all sides of the new patio. 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 existing restaurant serves breakfast and lunch only and is open from 7 am to 2:30 pm Monday to Sunday. The applicant is not proposing to make any changes to the restaurant's hours of operation following the installation of the outdoor patio. Although no live music is proposed,the applicant is permitted to have accessory live or recorded music for its customers on the patio. The applicant will have to obtain an updated liquor license prior the start of alcohol service on the patio.No evidence has been submitted or found that the proposed packaged liquor sales establishment would be operated in a manner that will exercise undue detrimental impact on 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". The pergola is only allowed in the rear - 10- Recommendation & Findings of Fact Petition 11-23 June 5,2023 yard. The applicant is proposing to construct the pergola in the street yard approximately 48 feet from the west(street)lot line. Staff finds the proposed departure is appropriate and will enhance the appearance of the subject property. The property is almost entirely built out with a 5,854-square foot restaurant and accessory parking lot. The applicant has limited space to construct a meaningful outdoor patio. The applicant has chosen to locate the patio in the street yard to enhance the appearance of the restaurant. While an outdoor patio is permitted to be located in the street yard, the applicant is proposing to include a pergola as part of the outdoor patio to enhance the look of the patio. The proposed cedar pergola would be located approximately 48 feet from the west (street) lot line and would not have any negative effect on the existing on-site and off-site traffic circulation. The patio surface would be brick pavers and the applicant would install substantial new landscaping on all sides of the new patio. With the new pergola and landscaping, the proposal will enhance the appearance of the property which will have a positive impact on the surrounding properties. 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 1.95-acre property has been developed in the same configuration with a 5,854-square foot restaurant and accessory parking since prior to its annexation to the City in 1985. The applicant is proposing what can be considered minor site improvements to construct an outdoor patio that would replace five existing parking spaces. The proposed patio, in addition to the pergola, would be separated by a typical 6- inch-high concrete curb from the adjacent parking lot drive-aisle, 24-inch-high planter boxes, and 20-inch-high seating wall. The applicant would also install additional landscaping on all sides of the proposed patio. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed patio construction. 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. - 11 - Recommendation & Findings of Fact Petition 11-23 June 5,2023 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 existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The subject property is improved with a 5,854-square foot restaurant and accessory parking lot with 124 parking spaces. The property has one full access driveway to N. State Street, and one secondary, limited-access, entrance-only driveway to Toll Gate Road.The existing access driveways provide adequate access to and from the property.The proposed outdoor patio will not have any effect on the existing safe on-site and off-site traffic circulation. The proposed patio will result in the loss of eight parking spaces on site. The property is required to have 98 parking spaces based on the requirement for one parking space per 60 square feet of floor area. Even with the loss of eight parking spaces, the property would still have 116 parking spaces left,which exceeds the minimum parking requirement for the property. 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 applicant is proposing to construct a new outdoor patio in front of the restaurant building. The new patio with a pergola would replace five existing parking spaces. The patio and pergola would be separated from the adjacent parking lot drive-aisle with a standard 6-inch-high concrete curb, 20-inch high concrete seating wall, and 24-inch high planter. Additional landscaping would be installed on all sides of the new patio. The proposed patio with the pergola would not have any effect on the existing on-site and off- site traffic circulation.No evidence has been submitted or found that the proposed use will exercise any detrimental impact on surrounding properties. In fact, the proposal will enhance the appearance of the subject property and the values of surrounding properties. - 12 - Recommendation & Findings of Fact Petition 11-23 June 5,2023 E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 11-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Bob Karas/Alexander's Restaurant, as applicant, and Karas and Karas Properties, LLC., as property owner,received April 25, 2023,and supporting documents including: a. Letter from Bob Karas regarding Alexanders Patio Variance,dated April 20, 2023; b. Plat of Survey,prepared by Alan J. Coulson,P.C.,dated December 12, 2000; c. Undated Existing Parking Lot Site Plan, received May 2, 2023, with such further revisions as required by the Community Development Director; d: Undated Proposed Parking Lot Site Plan, received May 2, 2023, with such further revisions as required by the Community Development Director. e. Drawing # 3 for Alexanders Restaurant, prepared by Signature Inc., dated April 20, 2023,with such further revisions as required by the Community Development Director; f. Sheet Al Pergola Alexander's Cafe, prepared by FredeRick Gilmore, Architect, dated May 1, 2023, with such further revisions as required by the Community Development Director; and g. Undated 5-page renderings of the proposed outdoor patio,received April 24,2023,with such further revisions as required by the Community Development Director. 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 construct a 18-foot wide by 34-foot long pergola as part of an outdoor patio in the street yard of the Subject Property with the minimum setback of 48 feet from the west(street)property line. 3. All street graphics must comply with the zoning ordinance requirements. 4. Compliance with all applicable codes and ordinances. - 13 - Recommendation & Findings of Fact Petition 11-23 June 5,2023 The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department,was four(4)yes, zero(0) no, and zero (0)abstentions. Three members were absent. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 14- v � t Cante�e/d o Subject Property • ~' Petition 11 -23 Q. -�c MR d •• CIFUT Rd 1 EXHIBITA Aerial/Location Map N \k+E 0 90 180 360 540 720 Map prepared by City of Elgin Feet Department of Community Development o` 4�. Duchess&Dr v� Io Canterfte/d p C Subject Property Petition 11 -23 Mar mot br Legend GI Church Rd River Ridge Dr � CF AB 0 PAB m 0 v Toll Gate Rd � c � w O -- o. PG�I EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 90 180 360 540 720 Department of Community Development Feet Rarriot Dr ti Subject Property w 1725 N. State St. ti Petition 11 -23 0334178004 M w J EXHBIIT C Parcel Map N A City of Elgin 0 20 40 80 120 160 Department of Community Development Feet EXHIBIT D SITE LOCATION 1725 N. State Street Petition 11-23 Sub ect I ropert if I N. 40 f Church Road s 2 �' ,•• -- ■- �i, vr•` '�_ _...- - -- ..-� - -- Bird's eye view looking north bit- .. .s �oa`� �r i•.. A" ' - r ' • 4 AIL SOUth Sth Stwet (IL 31) — ,r+— North State Street IL 31) �a N State Sheet (IL 31) ~ 7* Toll Gate Road %i r Bird's eye view looking east EXHIBIT D SITE LOCATION 1725 N. State Street Petition 11-23 SPEE LIMITD yy ">r .. •o• View 1 of the restaurant from N. State Street View 2 of the restaurant from N. State Street EXHIBIT D SITE LOCATION 1725 N. State Street Petition 11-23 GIAJ •�YY 1 � _ Y r o e e View of the restaurant from Toll Gate Road .11 I R - View of the rear parking lot