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HomeMy WebLinkAboutG76-01 emk Ordinance No. G76-01 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE, OUTDOOR EATING AND DRINKING FACILITY, PACKAGE LIQUOR SALES ESTABLISHMENT, AND A CIGAR STORE IN ASSOCIATION WITH AN EATING PLACE (11-15 DOUGLAS AVENUE) WHEREAS, written application has been made for a conditional use for a drinking place, outdoor eating and drinking facility, package liquor sales establishment, and a cigar store in association with an eating place in the CC1 Center City District at 11-15 Douglas Avenue; 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 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 drinking place, outdoor eating and drinking facility, package liquor sales establishment, and a cigar store in association with an eating place in the CC1 Center City District at 11-15 Douglas Avenue and legally described as follows : PARCEL ONE: THAT PART OF LOTS 3 , 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTH LINE OF SAID LOT 3 ; THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 3 , 4 AND 5 TO THE POINT OF BEGINNING IN eok THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL TWO: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5 ; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET FOR THE POINT OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 21 . 5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO A LINE DRAWN PARALLEL WITH THE SOUTHERLY LINE OF SAID LOTS 5, 4 AND 3 FROM THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 15 DOUGLAS AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance, submitted by Fred Steffen, undated. 2 . Substantial conformance to the Interior Floor Plan, submitted by Fred Steffen, undated. 3 . Substantial conformance to the Site Plan, submitted by Fred Steffen, undated. 4 . Compliance with all other 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. Ed Schock, Ma or Presented: November 28 , 2001 Passed: November 28 , 2001 Vote : Yeas : 7 Nays : 0 Recorded: November 29, 2001 Published: Attest : ;114-1, Ae'r....(24,-- Dolonna Mecum, City Clerk November 7, 2001 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 57-01 Requesting a Conditional Use for a Drinking Place,Outdoor Eating and Drinking Facility, Package Liquor Sales Establishment, and a Cigar Store in Association With an Eating Place in the CC1 Center City District; Property Located at 15 Douglas Avenue, Elgin, Illinois by Fred and Judy Steffen as Applicants and Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Intended Use: Eating Place, Drinking Place, Outdoor Eating and Drinking Facility, Package Liquor Sales Establishment, and a Cigar Store Property Location: 11-15 Douglas Avenue Applicant and Owner: Fred and Judy Steffen Staff Coordinator: Todd Wyatt, Associate 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. Photographs of Site (see attached) F. Statement of Purpose and Conformance (see attached) G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 57-01 November 7, 2001 BACKGROUND An application has been filed by Fred and Judy Steffen requesting conditional use approval to establish a new restaurant at 15 Douglas Avenue in the CC2 Center City District(reference Exhibits A, B, C, D and E). The applicants are proposing to renovate the first floor of an existing building located at 11-15 Douglas Avenue in order to establish a gourmet Italian restaurant. The proposed restaurant will feature seating for 110 customers, a bar with package liquor sales of wine, a cigar smoking room with cigar sales, a banquet room, valet parking service, and an outdoor dining area to the rear of the building (reference Exhibits F and G). FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 57-01 on October 17,2001. The applicant testified at the public hearing and presented documentary evidence in support of the petition. Written correspondence has been received. The Community Development Group has submitted a Conditional Use Review dated October 11, 2001. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 E Commercial District 1950 E Commercial District 1962 B2 Central Business District 1992 B2 Central Business District Present CC1 Center City District B. Surrounding Land Use and Zoning Findings. The property directly to the north is zoned CC1 and is improved with a three story building which contains a ground floor office with upper floor residential use. The property directly to the south is zoned CC1 and is developed with a multi-story office building. An alley which runs east to west separates the subject property from the office building. The property located to the east is zoned CC1 and is developed with a bank. The Spring Street parking deck is located further east, across Spring Street. An alley separates the subject property from the bank. -2- Findings of Fact Zoning and Subdivision Hearing Board Petition 57-01 November 7, 2001 The properties located directly to the west are zoned CC1 and are developed with multi-story mixed-use buildings consisting of office and commercial uses on the ground floor and upper floor residential uses above. 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. 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. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use 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 conditional use with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 10,890 square feet of lot area. The property is improved with a 3 story masonry building which was originally constructed in 1883.The south and east property lines of the subject property are adjacent to a public alley.A retaining wall is located approximately 23 feet south ofthe north property line.The area located south of the retaining wall is approximately 4 feet lower than the area which is north of the retaining wall. 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 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 eguk the traffic and parking standard. -3- Findings of Fact Zoning and Subdivision Hearing Board Petition 57-01 November 7, 2001 The subject property is located on Douglas Avenue, which is a local street. Land uses located within the CC1 Center City District are not required to provide off street parking. A municipal parking lot is located to the northwest of the subject property, across highland Avenue. A second municipal parking facility is located one block east of the subject property. The applicant is proposing to provide a valet parking service during peak business hours on Friday and Saturday,with access via the Highland Avenue entrance to the public alley. 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 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. 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. This standard will also be met because of the conditions imposed upon the conditional use. 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. 1. General. The establishment of an upscale restaurant in the downtown is consistent with the city's ongoing revitalization efforts. Such a facility should be an asset to the center city. 2. Location, Design and Operation. 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. This standard will also be met because of the conditions imposed upon the conditional use. -4- Findings of Fact Zoning and Subdivision Hearing Board Petition 57-01 November 7, 2001 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. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of the conditional use for a drinking place,outdoor eating and drinking facility,package liquor sales establishment,and a cigar store in association with an eating place. 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 to the Statement of Purpose and Conformance, submitted by Fred Steffen, undated. 2. Substantial conformance to the Interior Floor Plan, submitted by Fred Steffen, undated. 3. Substantial conformance to the Site Plan, submitted by Fred Steffen, undated. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend the approval of Petition 57-01 was adopted. Claude Hamlin, Chairman Zoning and Subdivision Hearing Board 4 / G D avid Sundland, Secretary Zoning and Subdivision Hearing Board -5-