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HomeMy WebLinkAboutG26-08 Ordinance No. G26-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (51 South Grove Avenue) WHEREAS, written application has been made for a conditional use for a drinking place in the CC1 Center City District at 51 South Grove 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, dated April 16, 2008, 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 in the CC 1 Center City District at 51 South Grove Avenue and legally described as follows: The North 75 Feet of Lot 2 in Block 14 of J.T. Gifford's Plat of East Elgin, in the City of Elgin,Kane County,Illinois(Property Commonly Known as 51 South Grove Avenue) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the petitioner's Statement of Purpose and Conformance, prepared by Sean Davis, dated March 27, 2008; Application for Conditional Use, prepared by Sean Davis, dated March 25, 2008; and Mad Maggie's Business Plan, prepared by Sean Davis, dated April 8, 2008. 2. Substantial conformance to the Site and Floor Plans (Sheets 1-5) prepared by Dahlquist and Lutzow Architects, Ltd. and dated March 27, 2008 with revisions,as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (Sheets 1 & 2) prepared Dahlquist and Lutzow Architects, Ltd. and dated April 10, 2008 with revisions as required by the Community Development Group. r 4. Petitioner will comply with the City of Elgin Zoning Ordinance,Chapter 19.50 Street Graphics for all building signage. 5. 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, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: Diane Robertson, City lerk r April 16, 2008 r FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 20-08 Requesting a Conditional Use for a Drinking Place in the CC1 Center City District, to Permit the Establishment of a Restaurant; Property Located at 51 South Grove Avenue; by Mad Maggie's Inc., as Applicant, and LV Management Inc., as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: Vacant Proposed Use: Drinking Place Property Location: 51 South Grove Avenue Applicant: Mad Maggie's Inc. Owner: LV Management Inc. Staff Coordinator: Janice Ward, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Environmental Map (see attached) F. Site Photos EXHIBIT (see attached) Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 °mg/ G. Statement of Purpose and Conformance (see attached) H. Development Plan (see attached) I. Draft Conditional Use Ordinance (see attached) J. Related Correspondence (see attached) BACKGROUND An application has been filed by Sean Davis on behalf of Mad Maggie's Inc.requesting conditional use approval to permit the establishment of a drinking place in the CC1 Center City District. The property is located at 51 South Grove Avenue (reference Exhibits A, B, C, D, E and F). The applicant is proposing to remodel the interior of the existing masonry building and convert it into a restaurant and bar. The proposed restaurant will feature live entertainment,a game room,and an outdoor seating area on DuPage Court. The proposed drinking place is a conditional use in the CC 1 Center City district and requires a public hearing and City Council approval(reference Exhibits G, H and I). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 20-08 on April 16, 2008. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated April 11, 2008. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 4.1111) 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 r G. Statement of Purpose and Conformance (see attached) H. Development PL in (see attached) I. Draft Conditions 1 Use Ordinance (see attached) 1. Related Correspondence (see attached) BACKGROUND An application has been filed by Sean Davis on behalf of Mad Maggie's Inc.requesting conditional use approval to permit the establishment of a drinking place in the CC 1 Center City District. The property is located at 51 South Grove Avenue(reference Exhibits A, B, C, D, E and F). The applicant is propos ng to remodel the interior of the existing masonry building and convert it into a restaurant and bar The proposed restaurant will feature live entertainment,a game room,and an outdoor seating area on DuPage Court. The proposed drinking place is a conditional use in the CC 1 Center City district and requires a public hearing and City Council approval(reference Exhibits /s" G, Handl). GENERAL FINDINGS After due notice,as reqi Lired by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 20-08 on April 16, 2008. The applicant testified at the public hearing and presented Iocumentary evidence in support of the application. No objectors were present. The Communi.y Development Group submitted a Conditional Use Review dated April 11, 2008. The Zoning and SubdiN ision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of tine the property has remained undeveloped or unused in its current zoning district. The subject pro 3erty was zoned as follows for the years listed: 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 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 B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north, south and east of the subject property are zoned CC1 Center City and are developed with a mix of commercial uses, including restaurants, offices, service businesses, and residential land uses. The area to the west of the subject property is zoned PCC Planned Center City and is currently under construction with the Fountain Square Plaza mixed use development. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use with respect to the trend of development standard. The Center City is developed with a mix of business,residential,and institutional uses. The subject property is located within this traditional downtown,which continues on its course of revitalization. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent of a zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent of a zoning district. The proposed conditional use conforms to the purpose and intent of the CC1 Center City District and supports the vision and strategy of the Riverfront/Center City Master Plan. Eating and drinking establishments, outdoor dining, and entertainment are identified as desirable uses in the Center City since they enhance the pedestrian environment and dynamic 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 downtown character promoted by the plan. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. The proposed conditional use conforms to the purpose and intent of this regulation. The proposed outdoor eating and drinking facility is consistent, compatible and will complement the surrounding land uses. A lease agreement with the City of Elgin will be required since this use will be conducted on City-owned property,specifically in the DuPage Court plaza. 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 an irregularly shaped parcel consisting of approximately 5,640 square feet. A two-story brick building, consisting of approximately 22,274 gross square feet of floor area, occupies 100%of the site. The building is bounded by existing buildings on the south and east lot lines. The property is currently developed with a two story commercial brick building that fronts on DuPage Court on the north and South Grove Avenue on the west. There are no natural features on site. 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. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16,2008 r downtown charm:ter promoted by the plan. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. The proposed conditional use conforms to the purpose and intent of this regulation. The proposed o utdoor eating and drinking facility is consistent, compatible and will complement the surrounding land uses. A lease agreement with the City of Elgin will be required since th s use will be conducted on City-owned property,specifically in the DuP'age Court plaza. 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 sl ibject property is suitable for the intended conditional use with respect to the site characteristi ,s standard. The subject property is an irregularly shaped parcel consisting of approximately 5,640 square feet. A two-stoi y brick building, consisting of approximately 22,274 gross square feet of floor area, occupies 100%of the site. The building is bounded by existing buildings on the south and east lot lines. The property is currently developed with a two story commercial brick building that fronts on DuPage Court on the north and South Grove Avenue or the west. There are:io natural features on site. F. Sewer and Wfter Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and s;arm water control facilities. Findings. The s ubject property is suitable for the intended conditional use with respect to the sewer and v,ater standard. The subject pr)perty 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 circul ition designed to minimize traffic congestion. Findings. The :,ubject property is suitable for the intended conditional use with respect to the traffic and parking standard. r 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 The subject property is located on South Grove Avenue which is a local street serving downtown Elgin,east of the Fox River. This property also fronts onto DuPage Court which was converted into a pedestrian mall in the mid 1970's. The zoning ordinance does not require off-street parking for businesses located in the CC1 Center City Districts. H. 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 subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as "Community Mixed-Use Center" by the City's Comprehensive Plan and Design Guidelines, dated 2005. Community Mixed-Use Centers provide focus,identity and convenient goods and services,as well as some employment,for a number of surrounding neighborhoods in a larger trade area. Downtown Elgin functions as a unique community mixed-use center. Recommended land uses include a compatible mix of residential, employment, educational, civic and office uses combined with a cultural and entertainment center focus that extends activities throughout the day. The proposed outdoor eating and drinking facilities are in substantial conformance with this designation. 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. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: 5 Findings of Fact Zoning and Subdivision Hearing Board • Petition 20-08 April 16, 2008 Ani) A. Summary of Findings. Positive Attributes. The proposed drinking place is a customary and traditional component of full service restaurants. If approved, the proposed conditional use will allow Mad Maggie's to offer additional services to customers and help the City realize its plans for the creation of quality entertainment and destination land uses within 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. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 20-08. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was seven (7) yes and zero (0) no: 1. Substantial conformance to the petitioner's Statement of Purpose and Conformance,prepared by Sean Davis, dated March 27, 2008; Application for Conditional Use, prepared by Sean Davis, dated March 25, 2008; and Mad Maggie's Business Plan, prepared by Sean Davis, dated April 8, 2008. 2. Substantial conformance to the Site and Floor Plans(Sheets 1-5)prepared by Dahlquist and Lutzow Architects, Ltd. and dated March 27, 2008 with revisions, as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (Sheets 1 &2)prepared Dahlquist and Lutzow Architects, Ltd. and dated April 10, 2008 with revisions as required by the Community Development Group. 4. Petitioner will comply with the City of Elgin Zoning Ordinance, Chapter 19.50 Street Graphics for all building signage. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. 6 Findings of Fact Zoning and Subdivision Rearing Board Petition 20-08 April 16,2008 r A. Summary of Findings. Positive Attribu`es. The proposed drinking place is a customary and traditional component of full service -estaurants. If approved, the proposed conditional use will allow Mad Maggie's to offs r additional services to customers and help the City realize its plans for the creation of qual ty entertainment and destination land uses within the downtown. B. Summary of U:iresolved Issues. There are no un-esolved issues. C. Summary of Al ternatives. Other than an of proval,a denial,or an approval with some combination of conditions,there are no substanti'ie alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 20-08. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was seven(7) yes and zero (0) no: 1. Substantial conf=lance to the petitioner's Statement of Purpose and Conformance,prepared by Sean Davis, dated March 27, 2008; Application for Conditional Use,prepared by Sean Davis, dated March 25, 2008; and Mad Maggie's Business Plan, prepared by Sean Davis, dated April 8, 2008. 2. Substantial conf)rmance to the Site and Floor Plans(Sheets 1-5)prepared by Dahlquist and Lutzow Archite cts, Ltd. and dated March 27, 2008 with revisions, as required by the Community Deg elopment Group. 3. Substantial conf)rmance to the Building Elevations (Sheets 1 &2)prepared Dahlquist and Lutzow Architects, Ltd. and dated April 10, 2008 with revisions as required by the Community Deg elopment Group. 4. Petitioner will comply with the City of Elgin Zoning Ordinance, Chapter 19.50 Street Graphics for all ,uilding signage. 5. Compliance witl L all other applicable codes and ordinances. Therefore, the motion tc recommend approval was adopted. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 20-08 April 16, 2008 r s/Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Sarosh Saher Sarosh Saher, Secretary Zoning and Subdivision Hearing Board r 7