G54-07 Ordinance No. G-54-07
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND AN
OUTDOOR EATING AND DRINKING FACILITY
(56-58 South Grove Avenue)
WHEREAS,written application has been made for a conditional use for a drinking place and
an outdoor eating and drinking facility in the CC 1 Center City District at 56-58 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 August 15, 2007, 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 and an outdoor eating and drinking
facility in the CC1 Center City District at 56-58 South Grove Avenue and legally described as
follows:
The Southerly 22 Feet of Lot 8 and the Northerly 22 Feet Lot 9(except that Part lying
Westerly of the Easterly line of Riverside Avenue)in Block 21 of the Original Town
of Elgin on the East Side of the Fox River,in the City of Elgin,Kane County,Illinois
(Property Commonly Known as 56-58 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,
submitted with the development application prepared by Sean Davis,dated June 29,
2007.
2. Substantial conformance to the Site and Floor Plans prepared by Dahiquist and
Lutzow Architects, Ltd. and dated August 15, 2007.
3. Substantial conformance to the Building Elevations(Sheets 1-3)prepared Dahiquist
and Lutzow Architects, Ltd. and dated August 15, 2007.
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, Mayor
Presented: September 12, 2007
Passed: September 12, 2007
Vote: Yeas: 7 Nays: 0
Recorded: September 13, 2007
Published:
Attest:
Diane Robertson, City lerk
rulk
r
August 15, 2007
•
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 48-07 Requesting a Conditional Use for a Drinking Place and Outdoor
Eating and Drinking Facility in the CC1 Center City District, to Permit the Establishment of a
Restaurant; Property Located at 56-58 South Grove Avenue; by Mad Maggie's Inc., as Applicant,
and TST Buildings LLC., as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
Existing Use: Vacant
Proposed Use: Drinking Place and Outdoor Eating and Drinking Facility
Property Location: 56-58 South Grove Avenue
Applicant: Mad Maggie's Inc.
Owner: TST Buildings LLC.
Staff Coordinator: Denise Momodu, Associate 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 Photo (see attached)
G. Development Plan and Statement of Purpose and Conformance (see attached)
EXHIBIT A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 48-07 August 15, 2007
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Shaun Davis on behalf of Mad Maggie's Inc.requesting conditional
use approval in the CC1 Center City District, to permit the establishment of a drinking place, and
outdoor eating and drinking facility. The property is located at 56-58 South Grove Avenue
(reference Exhibits A, B, C, D, E and F).
The applicant is proposing to remodel the interior of the existing 7,905 square foot masonry building
and convert it into restaurant and bar with banquet room facilities. The proposed restaurant will
feature live entertainment and an outdoor seating area along Riverside Drive and South Grove
Avenue. The proposed land uses are conditional uses in the CC1 Center City district and require a
public hearing and City Council approval (reference Exhibits G, and H).
GENERAL FINDINGS
After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 48-07 on August 15,2007. 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 August 8,
2007.
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 zoning
district 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:
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
- 2 -
ANN
Findings of Fact Zoning and Subdivision Hearing Board
Petition 48-07 August 15, 2007
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 south and east of the subject property are zoned CC1 Center City and are
developed with a mix of commercial uses, including restaurants, offices and service
businesses, and residential land uses. The area to the north of the subject property is zoned
PCC Planned Center City and is currently under construction with the Fountain Square Plaza
mixed use development. To the west, the subject property fronts onto Riverside Drive and
the Fox River.
The proposed outdoor eating and drinking facility is consistent, compatible and will
complement the surrounding land uses.
C. Trend of Development. 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 zoning
district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
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 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 is suitable for the intended conditional use with respect to
conformance to the provision for the purpose and intent,and the location and size of a zoning
- 3 -
Findings of Fact Zoning and Subdivision Hearing Board
110,, Petition 48-07 August 15, 2007
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.
Outdoor eating and drinking establishments are identified as desirable uses in the Center City
since they enhance the pedestrian environment and dynamic downtown character promoted
by the plan. Outdoor eating and drinking places are classified as a conditional uses in the
CC1 Center City District. The intent of the conditional use process is to ensure the
protection of public health,safety and welfare. The proposed conditional uses conform to the
purpose and intent of this regulation.
STANDARD FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standard for conditional uses.
A. 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, watercourse and vegetation), and existing improvements.
eilmk
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property is a regularly shaped parcel consisting of 8,096 square feet of land area,
which is bounded by existing buildings on both the north and south lot lines. The property is
currently developed with a two story commercial brick building that fronts on both South
Grove Avenue and Riverside Drive. There are no natural features on site that are worthy of
preservation.
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 suitable for the intended conditional use with respect to
the sewer and water standard.
The subject property is served by existing municipal sanitary sewer and water systems. The
proposed new restaurant and bar will be served from these existing systems.
C. 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.
- 4 -
Findings of Fact Zoning and Subdivision Hearing Board
Petition 48-07 August 15, 2007
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 South Grove Avenue. South Grove Avenue is a local
street serving downtown Elgin, east of the river.
The zoning ordinance does not require off-street parking for businesses located in the CC 1
Center City Districts.
D. 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.
E. Location,Design, and Operation. The suitability of the subject property for the intended
conditional use 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 intended conditional use with respect to it
being located,designed, and operated so as to promote the purpose and intend 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 unresolved
issues and alternatives:
- 5 -
Findings of Fact Zoning and Subdivision Hearing Board
Petition 48-07 August 15, 2007
A. Summary of Findings.
Positive Attributes: The proposed outdoor eating and drinking facility and live entertainment
to the proposed restaurant are customary and traditional component land uses. If approved,
the proposed conditional uses will help the new restaurant expand its services to its
customers, and help the City realize its plans for the development 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
elk The Zoning and Subdivision Hearing Board recommends the approval of Petition 48-07. 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 Petitioner's Statement of Purpose and Conformance,
submitted with the development application prepared by Sean Davis, dated June 29, 2007.
2. Substantial conformance to the Site and Floor Plans prepared by Dahlquist and Lutzow
Architects,Ltd. and dated August 17, 2007.
3. Substantial conformance to the Building Elevations (Sheets 1-3) prepared Dahlquist and
Lutzow Architects, Ltd. and dated August 17, 2007.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully Submitted,
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
- 6 -