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Home My WebLink AboutG31-14 Ordinance No. G31-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN OUTDOOR EATING AND DRINKING PLACE IN THE ORI OFFICE RESEARCH INDUSTRIAL DISTRICT (2290 Point Boulevard—Jimmy's Charhouse) WHEREAS, written application has been made requesting conditional use approval to permit an outdoor eating and drinking place in the ORI Office Research Industrial District at 2290 Point Boulevard; and WHEREAS, the Planning & Zoning Commission 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 with the findings and recommendation of 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 May 5, 2014, 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 permit an outdoor eating and drinking place in the ORI Office Research Industrial District at 2290 Point Boulevard, and legally described as follows: Lot 7 Of Randall Point Executive Center Subdivision, Being A Subdivision Of Part Of The Southwest Quarter Of Section 29 And Part Of The Northwest Quarter Of Section 32. Township 42 North. Range 8 East Of Third Principal Meridian, Recorded As Document Number 98k034512, In Kane County, Illinois, Except That Part Described As Follows. Beginning At The Northeast Corner Of Said Lot 7; Thence South 00 Degrees 56 Minutes 06 Seconds West Along The East Line Of Said Lot 7. A Distance Of 494.93 Feet To The Southeast Conger Of Said Lot 7. Thence North 59 Degrees 05 Minutes 22 Seconds West Along The Southwesterly Line Of Said Lot 7. A Distance Of 14.45 Feet To An Angle Point In Said Southwesterly Line: Thence North 36 Degrees 25 Minutes 23 Seconds West Along Said Southwesterly Line, 181.76 Feet:. Thence North 56 Degrees 57 Minutes 25 Seconds East, 29.00 Feet; Thence South 89 Degrees 03 Minutes 54 Seconds East., 79.16 Feet To A Line That Is Parallel With And 19.60 Feet Westerly Of. As Measured At Right Angles To The East Line Of Said Lot 7: Thence North 00 Degrees 56 Minutes 06 Seconds East Along Said Parallel Line. At Right Angles To The Last Described Course.. 326.96 Feet To The North Line Of Said Lot 7:Thence South 89 Degrees 17 Minutes 06 Seconds East Along Said North Line To The Point Of Beginning, In The City Of Elgin, Kane County. Illinois. (Property commonly known as 2290 Point Boulevard). be and is hereby granted subject to the following conditions: I. Substantial conformance to the Application and Attachments prepared and submitted by Patrick Marzullo, Owners Agent and Architect, dated received March 21, 2014, with a Statement of Purpose and Conformance dated April 16, 2014. In the event of any conflict between such documents and the terms and provisions of this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to exhibits for Jimmy's Charhouse, Sheets A.1—A.4 prepared by Pat Marzullo, Architect including the following: a. Floor Plan—New Outdoor Cafe - dated Received May 22, 2014 b. South Elevation @ New Outdoor Cafe - dated Received May 22, 2014 c. Partial Site Plan - dated Received March 21, 2014 d. Site Plan—Jimmy's Charhouse - dated Received March 21, 2014 3. The proposed outdoor eating and drinking facility will be restricted to the south of the existing restaurant building known as "Jimmy's Charhouse located at 2290 Point Boulevard. 4. The use of "Sound Amplification Devices" must conform to the requirements of Chapter 10.30 "Noise" of the Elgin Municipal Code. The employment of "live" music shall not be permitted within the outdoor eating and drinking facility. 5. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. K ain, Mayor Presented: June 11, 2014 Passed: June 11, 2014 z Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 11, 2014 ��eSF`ume��S Published: June 12, 2014 Attest: Kimberly Dewis,City Clerk May 5, 2014 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT PROJECT OVERVIEW George Kyriazis, d/b/a Jimmy's Charhouse Restaurant requests approval of a conditional use to permit the establishment of an Outdoor Eating and Drinking Facility at the restaurant. The Planning & Zoning Commission recommends approval of the application, subiect to the conditions outlined at the end of this report. GENERAL INFORMATION Petition Number: 16-14 Requested Action: Conditional Use Approval Current Zoning: ORI Office Research Industrial District Existing Use: Eating and Drinking Place Property Location: 2290 Point Boulevard Applicant: George Kyriazis d/b/a Jimmy's Charhouse Restaurant Owner: Northstar Trust Company Staff Coordinator: Sarosh B. Saher, AICP Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, and Application F. Draft Conditional Use Ordinance G. Related Correspondence Exhibit A Findings of Fact Planning and Zoning Commission Petition 16-14 May 5, 2014 BACKGROUND The new outdoor and eating and drinking area proposed for Jimmy's Charhouse Restaurant will be located in front of the building along the south (front) elevation. The proposed 14'-0"x59'-6" outdoor seating area will comprise of approximately I tables with accompanying seating. Modifications to allow for the new outdoor area will require replacement of the existing foundation landscape area and 5 feet wide sidewalk with the new 14 feet wide paved patio and 3 feet wide sidewalk. The seating area will be separated from the existing private driveway with an ornamental metal fence supported by masonry columns with stone caps designed to match the existing masonry building. A new landscape area outside the railing is proposed to be designed with trees and shrubs. Access to the new outdoor area will be provided only from the interior of the restaurant, requiring modifications to the south elevation of the building to provide for three new bi-folding glass doors. An outdoor eating and drinking facility is classified as a conditional use in an ORI district and as such,requires a public hearing with the Planning & Zoning Commission and approval by the city council. GENERAL FINDINGS After due notice, as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 16-14 on May 5, 2014. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Department submitted a Conditional Use Review dated May 5, 2014. The Planning and Zoning Commission has made the following general findings: A. Zoning History. The subject property was annexed to Elgin as part of the Crown Corporation annexation in 1990, under ordinance No. S14-90, and zoned M-2 General Manufacturing District. In 1992, the property was reclassified to ORI Office Research Industrial District as part of a comprehensive amendment to the zoning ordinance. The land use as an eating and drinking place (cocktail bar and restaurant) was approved through a conditional use in 2000 through ordinance G30-00. The construction of the building was completed in 2001. Additionally, at the time of receiving zoning approval, the property also received approval of a "Master Signage Plan" for the installation of an additional monument graphic, as well as approval of site design variations to allow for the location and design of the vehicle use areas and refuse collection areas in their current configurations on the property. B. Surrounding Land Use and Zoning. The areas located to the south and east of the subject property are zoned ORI Office Research Industrial District and are developed with multi-story office buildings and a hotel. The areas to the west are zoned PORI 2 Findings of Fact Planning and Zoning Commission Petition 16-14 May 5, 2014 Planned Office Research Industrial District and are developing with automotive retail uses within the Randall-90 Auto Mall . The area north of the property is located within the Village of Sleepy Hollow and developed with single-family residential uses. The nearest residentially zoned property within the Village of Sleepy Hollow located approximately 190 feet to the north of the proposed outdoor eating and drinking facility will be screened by the restaurant building itself and a 50 feet wide transition yard landscape buffer consisting of trees and shrubs that currently exists along the northerly lot line between the subject property and the residentially zoned areas further north. The transition yard landscape buffer was installed by the developer of Randall Point Executive Center as a requirement of approval of the subdivision. C. Trend of Development. The subject property is located within an area that is developing in Elgin with a mix of offices, commercial and institutional uses. D. Zoning District. The purpose of the ORI Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations. The restaurant was established as part of a master plan for the development of Randall Point Executive Center. E. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. STANDARDS FOR CONDITIONAL USES The Planning & Zoning Commission has made the following findings concerning the standards for conditional uses: A. 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 located within an 110,700 square feet (2.54 acres) parcel of land within Randall Point Executive Center. The parcel is improved with a two- story brick commercial building and a paved vehicle use and landscaped area. The building occupies approximately 9,360 square feet and comprises of a restaurant, cocktail bar and lounge, and banquet room. 3 Findings of Fact Planning and Zoning Commission Petition 16-14 May 5, 2014 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 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 subject property has frontage along Randall Road and Point Boulevard. Randall Road is an arterial street serving Elgin and the communities located to the north and south of Elgin. Access to the property is from Point Boulevard, a local street providing the properties within Randall Point Executive Center with access to Randall Road. Off street parking is provided in conformance with the off street-parking ordinance. The property additionally has a shared parking,joint access and maintenance agreement with the adjacent hotel parcel to the east thereby providing for additional parking spaces when required. 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. 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. The proposed outdoor eating and drinking facility is proposed to be designed with adequate separation from the adjacent private drive to the main entrance drop-off with no direct access from the outside, thereby preventing any pedestrian/traffic conflicts. The reduction in the width of the existing adjacent private driveway to 24 feet in width will continue to maintain the width required for two-way vehicular circulation. 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 as the subject property is not designated as a historic landmark nor is it located within a historic district. 4 Findings of Fact Planning and Zoning Commission Petition 16-14 May 5, 2014 RECOMMENDATION On a motion to recommend approval of Petition 16-14, and subject to the following conditions, the Planning & Zoning Commission voted five (5) yes, one (1) no: 1. Substantial conformance to the Application and Attachments prepared and submitted by Patrick Marzullo, Owners Agent and Architect, dated received March 21, 2014, with a Statement of Purpose and Conformance dated April 16, 2014. 2. Substantial conformance to exhibits for Jimmy's Charhouse, Sheets A.1—A.4 prepared by Pat Marzullo, Architect and dated Received March 21, 2014 including the following: a. Floor Plan—New Outdoor Cafe b. South Elevation @ New Outdoor Cafe c. Partial Site Plan d. Site Plan—Jimmy's Charhouse 3. The proposed outdoor eating and drinking facility will be restricted to the south of the existing restaurant building known as "Jimmy's Charhouse located at 2290 Point Boulevard. 4. The use of"Sound Amplification Devices" must conform to the requirements of Chapter 10.30 "Noise"of the Elgin Municipal Code. The employment of"live" music shall not be permitted within the outdoor eating and drinking facility. 5. Compliance with all applicable codes and ordinances. Respectfully submitted: s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning& Zoning Commission 5 ..;. :F 1 E R a� Auto Mall Saddle Club Q - � . 1 „i ' �l erj 1O. Q2\a Pimlico eAw YE ......... � �,�„�'�" �� '�_ � ,_ {` �� _ qtr► a (e a 41 - -- l 11 4. 90 IV 0 Ranoa// of mes n er s owns 0 E m ara o a o e u Subject Property PORI ° Petition 16-14 �a Legend ` QResidence Conservation 1 Residence Conservation 2 OResidence Conservation 3 OPlanned Residence Conservation = Q Single Family Residence 1 ORI O Single Family Residence 2 O Planned Single Family Residence 2 a � Two Family Residence MMultiple Family Residence �a ®Planned Multiple Family Residence OResidence Business OPlanned Residential Business -Neighborhood Business =Planned Neighborhood Business Area Business -Planned Area Business =Center City 1 PORI -Center City 2 -Planned Center City -Office Research Industrial ��G -Planned Office Research Industrial O`er -General Industrial O� -Planned General Industrial -Commercial Industrial =Planned Community Facility �a -Community Facility -Fox River Preservation -Planned Center City 2 O Planned Single Family Residence 1 PORI PORI Planned Two Family Residence EXHIBIT B Zoning Map W+E S City of Elgin 0 105 210 420 630 840 Department of Community Development Feet Pimlico j Subject Property - 2290 Point Blvd Petition 16-14 03-29-351-019 a ` e EXHBIITC Parcel Map N A City of Elgin 0 30 60 120 180 240 Department of Community Development Feet • r— r s. pp— 1 • e. ew x' SITE LOCATION EXHIBIT 2290 Point Boulevard - Jimmy's Charhouse Petition 16-14 �t View of South Elevation Showing Location of Proposed Outdoor Seating Area Pq A Pq A View towards Randall Road View towards property to the East �r .._, View from Randall Road