G17-08 Ordinance No. G17-08
AN ORDINANCE GRANTING CONDITIONAL USE APPROVAL
FOR A DRINKING PLACE, AN OUTDOOR EATING AND DRINKING
PLACE, PACKAGED WINE SALES, AND EDUCATIONAL SERVICES
IN THE CC1 CENTER CITY DISTRICT
(74 South Grove Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
drinking place, an outdoor eating and drinking place, packaged wine sales, and educational
services in the CC 1 Center City District; 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 March 5, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which
rik is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit a drinking place, an outdoor eating and
drinking place, packaged wine sales, and educational services in the CC1 Center City District at
74 South Grove Avenue and legally described as follows:
Lot 11 and the North Four Feet of Lot 12 (Except for that Part Included in
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 74 South Grove Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Ellsworth James Canfield, dated January 22, 2008.
2. Substantial conformance with the Business Plan, prepared by Ellsworth James
Canfield, dated December 20, 2007.
3. Substantial conformance with the Floor Plan, prepared by Ellsworth James
Canfield, dated February 25, 2008.
4. Substantial conformance with the East (Front) Building Elevation, prepared by
the City of Elgin Community Development Group, dated March 27, 2008.
5. Improvements or changes to the west building elevation must be submitted to the
Development Community Group for approval.
6. Plans for a deck to be located along the west building elevation for use as an
outdoor eating and drinking facility must be submitted to the Community
Development Group for approval. Along with plans for the deck, plans for the
operation of the outdoor eating and drinking facility must also be submitted to the
Community Development Group for approval.
7. Exterior refuse collection areas must be enclosed according to the requirements of
the Elgin Municipal Code and approved by the Community Development Group.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
9. 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.
Ed Schock, Mayor
Presented: April 9, 2008
Passed: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 10, 2008
Published:
Attest:
Diane Robertson, City Clerk
C
March 5, 2008
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FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 02-08 Requesting Conditional Use Approval for a Drinking Place, an
Outdoor Eating and Drinking Place, Packaged Wine Sales, and Educational Services in the CC1
Center City District; Property Located at 74 South Grove Avenue,by Ellsworth James Canfield,as
Applicant, and Spring Lane Investments, LLC, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC1 Center City District
Existing Use: Multi-Tenant Commercial Building _
Proposed Use: Drinking Place, Outdoor Eating and Drinking Place,
Packaged Wine Sales, and Educational Services
Property Location: 74 South Grove Avenue
Applicant: Ellsworth James Canfield
Owner: Spring Lane Investments, LLC
Staff Coordinator: Lydia Treganza, 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)
EXHIBIT
Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008 •
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. The Statement of Purpose and Conformance Which Includes (see attached)
Statement of Purpose and Conformance, Business Plan,
Floor Plan and East Building Elevation.
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Ellsworth James Canfield,requesting conditional use approval for a
drinking place,an outdoor eating and drinking place,packaged wine sales,and educational services
in the CC 1 Center City District. The property is located at 74 South Grove Avenue (reference
Exhibits A, B, C, D, and E).
The applicant is proposing to establish an eating and drinking place that will offer a unique dining
and entertainment experience. A limited menu and wine tasting will be available. Wine making can
be experienced first hand on site by customers who select to produce their own wine in 30 bottle
batches. Classes on wine tasting,wine and food pairing and classic wines will also be offered.
This business will include an accessory winery that will produce wine for retail sales to customers
and for wholesale. All wine will be produced by fermenting"must"which is the raw unfermented
juice of the grape. Any of the wine produced at the winery can be purchased with customized
labeling for gift baskets or to serve events that range from private weddings to corporate purchases
(reference Exhibits F, G,H, and I).
The applicant needs conditional use approval for a drinking place, an outdoor eating and drinking
place,packaged wine sales,and educational services to be allowed in the CC 1 District. The purpose
and intent of the provisions for conditional use approval is to recognize that there are certain uses
which cannot be properly classified without individual review and consideration.
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 02-08 on March 5, 2008. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
E
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. The Statement of Purpose and Conformance Which Includes (see attached)
Statement of Purpose and Conformance, Business Plan,
Floor Plan and East Building Elevation.
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Ellsworth James Canfield,requesting conditional use approval for a
drinking place,an outdoor eating and drinking place,packaged wine sales,and educational services
in the CC1 Center City District. The property is located at 74 South Grove Avenue (reference
Exhibits A, B, C, D, and E).
The applicant is proposing to establish an eating and drinking place that will offer a unique dining
and entertainment experience. A limited menu and wine tasting will be available. Wine making can
be experienced first hand on site by customers who select to produce their own wine in 30 bottle
batches. Classes on wine tasting, wine and food pairing and classic wines will also be offered.
This business will include an accessory winery that will produce wine for retail sales to customers
and for wholesale. All wine will be produced by fermenting"must"which is the raw unfermented
juice of the grape. Any of the wine produced at the winery can be purchased with customized
labeling for gift baskets or to serve events that range from private weddings to corporate purchases
(reference Exhibits F, G,H, and I).
The applicant needs conditional use approval for a drinking place, an outdoor eating and drinking
place,packaged wine sales,and educational services to be allowed in the CC 1 District. The purpose
and intent of the provisions for conditional use approval is to recognize that there are certain uses
which cannot be properly classified without individual review and consideration.
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 02-08 on March 5, 2008. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
present. The Community Development Group submitted a Conditional Use Review dated February
21,2008.
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.
1927 E Commercial District
1950 E Commercial District
1962 B-2 Central Business District
1992 B-2 Central Business District
Present CC1 Center City District
r 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 located north, east and south of the subject property are zoned CC1 Center City
District and are developed with a variety of service and retail land uses.
The area located west of the subject property is zoned CF Community Facility District.
Riverside Drive is located adjacent to the property along the west side,adjoined by a row of
parking spaces. Further west is the Fox River.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
The subject property is located within the City's traditional downtown,which is developed
with a mix of office, retail, and commercial businesses, restaurants, residential uses and
institutional uses.
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 purpose of the CC1 Center City District is to facilitate the implementation of the official
comprehensive plan for the center city,as focused on a distinctive subarea 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.
The proposed land use brings an unusual dining and entertainment experience to center city '141)
which is in keeping with the objectives of the CC1 Center City District.
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 containing 12,888 square feet of lot area.
The property is improved with a three story building and an accessory parking area. The
subject property contains no natural features.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-08 March 5, 2008
The subject property is located within the City's traditional downtown,which is developed
with a mix of office, retail, and commercial businesses, restaurants, residential uses and
institutional uses.
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 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 subarea 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.
rhThe proposed land use brings an unusual dining and entertainment experience to center city
which is in keeping with the objectives of the CC1 Center City District.
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 containing 12,888 square feet of lot area.
The property is improved with a three story building and an accessory parking area. The
subject property contains no natural features.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
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 between South Grove Avenue and Riverside Drive. South
Grove Avenue and Riverside Drive are local streets serving the downtown.
Off street parking will be provided in conformance with the Off Street Parking Ordinance.
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"by the City's Comprehensive
Plan and Design Guidelines dated 2005. Downtown Elgin functions as a unique community
mixed-use center within the planning area. It is the historic and traditional heart of the
community. Recommended land uses include a compatible mix of residential (30+du/ac),
employment,educational,civic,and office uses,combined with a cultural and entertainment
center focus that extends activities throughout the day. Pedestrian, bicycle, transit and
vehicular circulation systems are coordinated and efficient. Streets and places are designed
to encourage pedestrian activity. Buildings and structures of historic or architectural value
are maintained in active service, where feasible.
The proposed land use is in keeping with the objectives and policies of this comprehensive
plan designation. The business will offer its customers a rare dining experience with food
and wine while allowing the customer the opportunity to learn about wine. This use will
hold cultural and entertainment value.
The applicant is maintaining the historic and architectural value of the building. The
applicant plans to give the front elevation of his business a customary and traditional retail
appearance that will remain compatible with the building elevation that currently exists.
runk*
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
4111)
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.
'11")
Positive Attributes. Downtown Elgin is the historic and traditional heart of the community
and functions as a unique community mixed-use center within the planning area. It is
designated"Community Mixed-Use"in the comprehensive plan. Recommended land uses
include a compatible mix of uses, combined with a cultural and entertainment center focus
that extends activities throughout the day. The proposed land use is in keeping with the
objectives and policies of this comprehensive plan designation. This business will offer its
customers a unique dining experience with food and wine while allowing the customer the
opportunity to learn about wine. This use will hold cultural and entertainment value.
It is also within the objectives and policies of the"Community Mixed-Use"designation in
the comprehensive plan that buildings and structures of historic or architectural value are
maintained in active service,where feasible. The applicant is aware of this and is committed
to establishing and maintaining the building front in a manner that will remain compatible
with what existed and with the downtown. More specifically,the applicant plans on using a
customary and traditional retail appearance on the front elevation of his business.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-08 March 5, 2008
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I. 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. Downtown Elgin is the historic and traditional heart of the community
and functions as a unique community mixed-use center within the planning area. It is
designated"Community Mixed-Use"in the comprehensive plan. Recommended land uses
include a compatible mix of uses, combined with a cultural and entertainment center focus
that extends activities throughout the day. The proposed land use is in keeping with the
objectives and policies of this comprehensive plan designation. This business will offer its
customers a unique dining experience with food and wine while allowing the customer the
opportunity to learn about wine. This use will hold cultural and entertainment value.
It is also within the objectives and policies of the"Community Mixed-Use" designation in
the comprehensive plan that buildings and structures of historic or architectural value are
maintained in active service,where feasible. The applicant is aware of this and is committed
to establishing and maintaining the building front in a manner that will remain compatible
with what existed and with the downtown. More specifically,the applicant plans on using a
customary and traditional retail appearance on the front elevation of his business.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
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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.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 02-08. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was six (6) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared
by Ellsworth James Canfield, dated January 22, 2008.
2. Substantial conformance with the Business Plan, prepared by Ellsworth James
Canfield, dated December 20, 2007.
(111.4‘ 3. Substantial conformance with the Floor Plan,prepared by Ellsworth James Canfield,
dated February 25, 2008.
4. Substantial conformance with the East (Front) Building Elevation, prepared by the
City of Elgin Community Development Group, dated February 08, 2008.
5. Improvements or changes to the west building elevation must be submitted to the
Development Community Group for approval.
6. Plans for a deck to be located along the west building elevation for use as an outdoor
eating and drinking facility must be submitted to the Community Development
Group for approval. Along with plans for the deck, plans for the operation of the
outdoor eating and drinking facility must also be submitted to the Community
Development Group for approval.
7. Exterior refuse collection areas must be enclosed according to the requirements of
the Elgin Municipal Code and approved by the Community Development Group.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
9. Compliance with all applicable codes and ordinances.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 02-08 March 5, 2008
Therefore, the motion to recommend approval was adopted.
s/Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
°I11)
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Findings of Fact Zoning and Subdivision Hearing Board
• Petition 02-08 March 5, 2008
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Therefore, the motion to recommend approval was adopted.
s/Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
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