G48-04 Ordinance No. G48-04
AN ORDINANCE
AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE
COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS,the City of Elgin is a home rule unit pursuant to the Constitution of the State of
Illinois; and
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any
function pertaining to its government and affairs; and
WHEREAS,the establishment of ranks within the City of Elgin Fire Department pertains to
the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
• Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976,as amended,entitled
"Duties;Appointments;Exceptions"be and is hereby further amended by amending Subparagraph B
thereof to read as follows:
"B. The fire chief, assistant fire chiefs, battalion fire chiefs and fire marshal, of
the fire department are and exempt ranks and positions and shall be
rappointed or promoted by the shall city be manager and shall be subject to removal by
the city manager. The chief and deputy chiefs of the police department are
and shall be exempt ranks and positions and shall be appointed or promoted
by the city manager and shall be subject to removal by the city manager."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
7_�«
Ed Schock, Mayor
Presented: May 12, 2004
Passed: May 12, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 13, 2004
Published:
Attest:
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Dolonna Mecum, ity Clerk
April 7, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 20-04 Requesting a Conditional Use for a Cocktail Lounge in the CC 1
Center City District; Property Located at 161 East Chicago Street by Leng Prathammanon, as
Applicant, and Chauthanvong Amarathithada, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
Existing Use: Vacant Commercial
Property Location: 161 East Chicago Street
Applicant: Leng Prathammanon
Owner: Chauthanvong Amarathithada
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. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
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Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 20-04 April 7, 2004
G. Draft Conditional Use Ordinance (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Leng Prathammanon,requesting conditional use approval to permit
the establishment of a cocktail lounge the CC1 Center City District and the ARC Arterial Road
Corridor Overlay District.The property is located at 161 East Chicago Street(reference Exhibits A,
B, C,D, and E).
The applicant is proposing to renovate the interior of the first floor tenant space and establish a
cocktail lounge to be known as the"Martini Room."The applicant is also proposing to renovate the
façade of the first floor by removing the existing metal gate,and adding new windows and lighting
fixtures,painting the exterior,as well as replacing the existing door.The establishment of a cocktail
lounge in the downtown requires conditional use approval, as well as a liquor license (reference
Exhibits F and G).
elihk
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 05-04 on April 7, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Written correspondence has been submitted. Staff submitted a
Conditional Use Review dated March 17, 2004.
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927: E Commercial District
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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 Findings. The areas to the north,south,east,and west
are zoned CC1 Center City District and are developed with a mix of retail, service,
professional, and residential land uses.
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Findings of Fact Zoning and Subdivision Hearing Board
r Petition 20-04 April 7, 2004
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 CC 1 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 common urban fabric. The CC1 zoning district
provides for a concentration of finance, 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.
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 Yis a regularly sha p ed parcel containing approximately 2,904 square feet
of lot area. The property is improved with a masonry structure several stories in height.
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.
The subject property is located on East Chicago Street. East Chicago Street is an arterial
street serving the east and west sides of Elgin.
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Findings of Fact Zoning and Subdivision Hearing Board
eglik Petition 20-04 April 7, 2004
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Off street parking will be provided in conformance with the off street parking ordinance.
Additionally, limited on street parking is permitted on East Chicago Street.
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.
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.
Positive Attributes. The introduction of the proposed cocktail lounge within the center city
will help further the City's efforts towards revitalization of the downtown. The proposed
Martini Room will provide an opportunity to bring residents and other customers into the
downtown and will help to establish a desirable 24-hour presence in the area.Additionally,
the tenant space is currently underutilized,and the proposed renovation of the first floor will
add a viable commercial space in the downtown.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 20-04 April 7, 2004
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 20-04. 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 with the Statement of Purpose and Conformance,prepared
by Leng Prathammanon, dated March 17, 2004.
2. Substantial conformance to the Floor Plan,submitted by Leng Prathammanon,dated
March 17, 2004.
3. Substantial conformance to the Sign Plan,submitted by Leng Prathammanon,dated
March 17, 2004. The sign surface area for all wall signs shall conform to the
requirements of EMC 19.50 Signs.
4. Any additional wall signs placed on the building shall not advertise a specific
manufacturer's product.
5. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 20-04 was adopted.
Respectfully submitted:
Robert Langloi r hai
Zoning and Subdivisio ' earing Board
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.'wren Pruss, Secretary
Zoning and Subdivision Hearing Board
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