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G74-03 Ordinance No. G74-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT AN OUTDOOR EATING AND DRINKING FACILITY AND AN OUTDOOR STAGE IN THE CC1 CENTER CITY DISTRICT (127 South Grove Street) WHEREAS, written application has been made for a conditional use for a planned development which will permit an outdoor eating and drinking facility and an outdoor stage in the CC1 Center City District at 127 South Grove Street; 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 : rik Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 16, 2003 , 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 planned development which will allow for the outdoor eating and drinking facility and an outdoor stage in the CC1 Center City District at 127 South Grove Street and legally described as follows : THAT PART OF LOT 9 IN BLOCK 13 OF JAMES T. GIFFORD' S ORIGINAL PLAT OF ELGIN (ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 11, 1843 IN PLAT BOOK 3 , PAGE 267, IN PARTS OF SECTION 13 AND 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN) , DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 9 AFORESAID 25 . 50 FEET NORTHERLY, NORTH 33 DEGREES 22 MINUTES 18 SECONDS WEST, FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY, NORTH 33 DEGREES 21 MINUTES 18 SECONDS WEST, ALONG SAID WESTERLY LINE, BEING ALSO THE EASTERLY LINE OF SOUTH GROVE AVENUE 10 . 11 FEET TO THE SOUTHWESTERLY EXTENSION OF THE SOUTHERLY FACE OF A BRICK BUILDING; THENCE NORTH 56 DEGREES 12 MINUTES 42 SECONDS EAST ALONG THE EXTENSION OF AND THE LAST SAID BRICK FACE 50 . 08 FEET TO THE BUILDING CORNER; THENCE NORTH 33 DEGREES 47 MINUTES 18 SECONDS WEST ALONG THE BRICK BUILDING FACE FOR 0 . 50 FEET; THENCE NORTH 56 DEGREES 12 MINUTES 42 SECONDS EAST PARALLEL WITH PENULT COURSE FOR 4 . 79 FEET; THENCE NORTH 33 DEGREES 15 MINUTES 43 WEST FOR 85 . 07 FEET TO THE NORTH LINE OF SAID LOT 9; THENCE EASTERLY: NORTH 89 DEGREES 38 MINUTES 33 SECONDS EAST, FOR 73 . 26 FEET ALONG THE NORTH LINE OF SAID LOT 9, TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY, SOUTH 01 DEGREES 18 MINUTES 45 SECONDS WEST FOR 66 . 58 FEET ALONG THE EAST LINE OF SAID LOT 9 TO A POINT 65 . 50 FEET NORTHERLY FROM THE SOUTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY, SOUTH 55 DEGREES 36 MINUTES 08 SECONDS WEST, FOR 78 . 59 FEET IN A DIRECT LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the letter submitted by Scott Lager, dated June 6, 2003 and June 24 , 2003 . 2 . Substantial conformance to the site plan, prepared by Scott Lager, July 8 , 2003 . 3 . The use of amplifiers for live performances on the outdoor stage is prohibited after 11 : 00 PM on Sundays through Thursdays and after 12 : 00 AM on emk Fridays and Saturdays . 4 . 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. ____47.256111114601Z- Ed Schock, Mayor Presented: August 27, 2003 Passed: August 27, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: August 28, 2003 Published: Attest : 0 4, eft Dolonna Mecum, City Clerk July 16, 2003 L FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 33-03 Requesting a Conditional Use for a Planned Development to Permit an Outdoor Eating and Drinking Facility and Outdoor Stage in the CC 1 Central City District; Property Located at 127 South Grove Street,by Rock Solid dba Prairie Rock Brewing Company,as Applicant, and Planned Development & Construction, Inc., as Owner. GENERAL INFORMATION Requested Action: Conditional Use, Planned Development Approval Current Zoning: CC 1 Center City District Existing Use: Temporary Permit: Outdoor Eating and Drinking Facility Proposed Use: Outdoor Eating and Drinking Facility and Outdoor Stage rik Property Location: 127 South Grove Street Applicant: Rock Solid dba Prairie Rock Brewing Company Owner: Planned Development& Construction, 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 Photo (see attached) E. Site Photos (see attached) frk F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board "" Petition 33-03 July 16, 2003 BACKGROUND An application has been filed by Rock Solid dba Prairie Rock Brewing Company, requesting a conditional use for a planned development to permit an outdoor eating and drinking facility and an outdoor stage. The subject property is located at 127 South Grove Street(reference Exhibits A,B,C, D, and E). The applicant proposes to provide a 3,000 square foot outdoor patio with tables and seating behind Prairie Rock Brewing Co. and adjacent to existing buildings to the north and west. The patio will have a stone slab and slate surface plus landscaped areas containing trees, shrubs and flowers. Decorative lighting will illuminate the patio. A full service bar and grill area will be constructed. A sound system will be installed and a stage with theatrical lighting will be located at the north side of the patio. A privacy fence adjacent to the existing Grove Street building will be provided and a gate at the Grove Street alley will control access to the patio(reference Exhibit F). This establishment will operate during the standard hours of operation for the existing Prairie Rock Brewing Company facility--11:30 a.m.to 1:00 a.m.Monday through Friday and noon to 1:00 a.m. Saturday and Sunday. Outdoor eating and drinking facilities are classified as a conditional use in the CC 1 Center City District. Outdoor stages are not classified as a permitted or conditional use within the zoning ordinance. Accordingly, the applicant is requesting approval of a conditional use for a planned development to permit both proposed uses. The purpose of the provisions which permit planned developments as a conditional use is to provide an ultimate element of flexibility in the zoning ordinance. Under these provisions, an applicant can literally request anything for the consideration of the Zoning Board and the City Council. Accordingly, each request made under these provisions should be highly scrutinized with respect to the standards for planned developments. GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 33-03 on July 16, 2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. No citizens attended the public hearing. The Community Development Group submitted a Conditional Use Review dated July 9, 2003. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned development: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development, with respect to its size, shape and any existing improvements. r - 2 - Findings of Fact Zoning and Subdivision Hearing Board e'* Petition 33-03 July 16, 2003 Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is an irregularly shaped lot containing 3,000 square feet oflot area,most of which is bounded by existing buildings. Topography on site is relatively level. The site is improved with a stone slab and slate surface patio with landscaped areas containing trees, shrubs,flowers and decorative lighting. A privacy fence provides a buffer between the patio and an existing Grove Street building. A full service bar and grill area, customer seating consisting of tables, chairs and umbrellas, a stage with lighting, and a sound system will be provided. A gate at the Grove Street alley will control access to the patio. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings:The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property is served with municipal water, sanitary sewer, and storm water control facilities. r C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 proposed planned development with respect to the traffic and parking standard. The subject property is located at the northeast corner of the intersection of Grove Avenue and Prairie Street. Grove Avenue is a collector street and Prairie Street is a local street serving the east side of Elgin. Pedestrian access to the site from Grove Avenue is being proposed,with access controlled by a gate located at the alley entrance. On-street parking is available on Grove Avenue and surrounding streets. A surface off-street parking lot is available at the southeast corner ofthe intersection of Grove Avenue and Prairie Street, directly across from the subject property. D. Zoning History Standard. The suitability of the subject property for the proposed planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings: The subject property may be suitable for the intended conditional use for a planned development with respect to the length of time the property has remained - 3 - Findings of Fact Zoning and Subdivision Hearing Board r Petition 33-03 July 16, 2003 undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: E Commercial 1950: E Commercial 1960: E Commercial 1962: B-3 Service Business District I992: B-3 Service Business District Present: CC1 Center City District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings: The subject property may be suitable for the proposed planned development with respect to the surrounding land use and zoning standard. The proposed outdoor eating and drinking facility will complement the surrounding land uses, which include financial, service and retail businesses. The areas directly north and east of the subject property are zoned CC 1 and are developed with businesses. The areas to the south and west of the subject property are zoned PCC and currently are developed with a surface parking lot and a coin shop. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property may be suitable for the proposed planned development with respect to the trend of development standard. The subject property is located on the edge of the Downtown Retail District in an area that has experienced some redevelopment in the last 10 years, including a mix of commercial, entertainment, and residential uses. The proposed use helps to promote the redevelopment and revitalization of the downtown and riverfront. Development plans for adjacent areas include Festival Park to the southeast and River Park Place, a condominium and townhouse development directly south of the subject property. G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. e The purpose of the CC I Center City District is to facilitate the implementation of the official comprehensive plan for the Center City, as focused on a distinctive sub-area of the city with a - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 33-03 July 16, 2003 common urban fabric. The CC 1 zoning district provides for a concentration of financial, 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. Findings.The subject property may be suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The proposed planned development conforms to the purpose and intent of the CC I Center City District and supports the vision and strategy of the Riverfront/Center City Master Plan. Outdoor eating and drinking establishments are identified as desirable uses in the Center City since they enhance the pedestrian and dynamic downtown character promoted by the Plan. H. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent of planned developments. 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. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use, the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design,function,operation,and traffic are imposed on the planned development. Findings: The subject property may be suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development. The proposed conditional use for a planned development is in substantial conformance with the purpose and intent of the planned development provisions. The proposed outdoor eating and drinking facility will be constructed in previously unused courtyard space, surrounded by existing buildings. The construction of a stage with theatrical lighting and the installation of a high quality sound system will allow an entertainment use. Landscaped areas, customer - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 33-03 July 16, 2003 seating consisting of tables, chairs and umbrellas, a full service bar, and a grill area are introduced into an interior courtyard setting. I. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings: The subject property may be suitable for the proposed planned development with regard to the comprehensive plan standard. The subject property is designated as part of the Downtown Commercial Center by the Official Comprehensive Plan of Elgin(1983). The Riverl`ront/C;enter City Master Plan(2000) designates the subject property as part of the Downtown Retail District. The subject property is located at the southern-most edge of this district. J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the natural preservation standard. The subject property is an interior courtyard space located behind existing buildings. This location has no significant natural features. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, Am requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the following departures from the standard requirements of the CC2 Center City District: - 6 - Findings of Fact Zoning and Subdivision Hearing Board elw Petition 33-03 July 16, 2003 19.35.530 (H) Land Use. In the CC 1 Center City District, the land uses allowed as permitted uses, conditional uses or as similar uses in the CC 1 Center City District are enumerated. The applicant is proposing the establishment of an outdoor stage which is not an enumerated use in the CC I Center City District. 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. Positive Attributes. The proposed development has been designed in a manner that is consistent with the character of the surrounding residential land uses and the plans to revitalize the downtown and riverfront areas as established in the Riverfront/Center City Master Plan. 2. Zoning District. The proposed conditional use for a planned development is in substantial conformance with the purpose and intent of the planned development provisions. The proposed outdoor eating and drinking facility will be constructed in previously unused courtyard space, surrounded by existing buildings. The construction of a stage with theatrical lighting and the installation of a high quality sound system will allow an entertainment use. Landscaped areas, customer seating consisting of tables, chairs and umbrellas, a full service bar, and a grill area are introduced into an interior courtyard setting. 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 Petition 33-03.On a motion b,, to recommend approval of the conditional use, subject to the following conditions, the vote was six (6)yes and zero (0) no: - 7 - Findings of Fact Zoning and Subdivision Hearing Board r Petition 33-03 July 16, 2003 1. Substantial conformance to the letters submitted by Scott Lager, dated June 6, 2003 and June 24, 2003. 2. Substantial conformance to the Site Plan, prepared by Scott Lager, and dated July 8, 2003. 3. The applicant shall comply with regulations as established for amplified music. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 33-03 was adopted. 4� !� Robert Lan Ch.':I an Cad Zoning and Subdivis.n Hearing Board rk / I ' .L I 0 a . .. It It en Pruss, Secretary Zoning and Subdivision Hearing Board r - 8 -