G8-08 Ordinance No. G8-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR THE
ESTABLISHMENT OF A MEMBERSHIP ORGANIZATION
AND A DRINKING PLACE WITH ALCOHOLIC BEVERAGES
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(139-141 West River Road)
WHEREAS, written application has been made requesting conditional use approval for
the establishment of a membership organization and a drinking place with alcoholic beverages in
the NB Neighborhood Business 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 December 19, 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 to permit the establishment of a membership
organization and a drinking place with alcoholic beverages in the NB Neighborhood Business
District at 139-141 West River Road and legally described as follows:
Parcel 1:
That part of Section 1 and part of the Southeast Quarter of Section 2, all in
Township 41 North, Range 8 east of the Third Principal Meridian, described as
follows: Commencing at the Northeast corner of said Section 2; thence South 0
degrees 26 minutes East along the East line of said Section 504.04 feet to the
Southeast corner of a tract of land conveyed to Northern Illinois Gas Company by
deed recorded November 28, 1958, in book 1932, page 239, as Document
876705; thence South 89 degrees 08 minutes West along the South line of said
Northern Illinois Gas Company Tract 537.23 feet; thence South 0 degrees 26
minutes East parallel with the East line of said Section 2, 600 feet for the Point of
Beginning; thence North 89 degrees 08 minutes east parallel with the South line
and South line extended of said Northern Illinois Gas Company tract 751.07 feet;
thence North 59 degrees 12 minutes 45 seconds East 344.63 feet; thence North 30
degrees 51 minutes West 236.05 feet; thence North 59 degrees 12 minutes 45
seconds East 241.48 feet; thence North 0 degrees 51 minutes West 185.67 feet to
the Southerly line of Parcel No. N-4D-67.2 acquired by the Illinois State Toll
Highway Commission through proceeding filed in the Circuit Court of Kane
County, Illinois as Case No. 57-344; thence Easterly along said Southerly line to
the Westerly bank of the Fox River; thence Southwesterly along said Westerly
bank to a line drawn South 0 degrees 26 minutes East, parallel with the East line
of said Section 2, from the Point of Beginning; thence North 0 degrees 26 minutes
West along said parallel line 1895 feet to the Point of Beginning; (excepting that
part conveyed to Northern Illinois Gas Company by deed recorded June 3, 1959,
in Block 1963, Page 385, as Document 891107, and by deed recorded February 3,
1969, in Book 2008, Page 347, as Document 912108); in the City of Elgin, Kane
County, Illinois (Property Commonly Known as 139-141 West River Road).
Parcel 2:
Easement for ingress and egress created by instrument recorded November 24,
1970, as Document 1178068 made by Northern Illinois Gas Company, to Willow
Lake Estates, Inc. for the benefit of Parcel 1 over that part of the West Fractional
Half of Section 1, Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the Northwest corner of said
Fractional Section 1; thence South along the West line of said Section 504.04 feet
to the Southerly line of a tract of land conveyed to Northern Illinois Gas Company
by deed recorded June 3, 1959, as Document 891107; thence Easterly along said
Southerly line 1137.72 feet for the Point of Beginning; thence Easterly along said
Southerly line 70.55 feet;; thence Northerly along a line which forms an angle of
87 degrees 51 minutes to the left with the prolongation of the last descried course,
82.56 feet to the Northerly line of said Northern Gas Company tract; thence
Westerly along said Northerly line 74.35 feet; thence Southerly 82.50 feet to the
line of Beginning, in the City of Elgin, Kane County, Illinois.
Parcel 3:
Easement for ingress and egress created by instrument recorded June 25, 1971, as
Document 1195227 made by Northern Illinois gas Company to Willow Lakes
Estates, Inc. for the benefit of Parcel 1 over that part of the west Fractional Half of
Section 1, Township 41 North, Range 8 East of the third Principal Meridian,
described as follows: range 8 East of the Third Principal Meridian, descried as
follows: Commencing at the Northwest corner of said Fractional Section 1; thence
South along the West line of said Section 504.04 feet to the Southerly line of a
tract of land conveyed to Northern Illinois gas Company by deed recorded June 3,
1959, as Document 891107; thence Easterly along said Southerly line 1530.85
feet for the Point of Beginning; thence Easterly along said Southerly line 70 feet;
thence Northerly at right angles to the last described course, 82.50 feet to the
Northerly line of said Northern Illinois Gas Company tract; thence Westerly along
said Northerly line 70 feet; thence Southerly at right angles to the last described
course 82.50 feet to the Point of Beginning, in the City of Elgin, Kane County,
Illinois.
r
,,,, be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted by Don Westphal, dated August 9, 2007.
2. Substantial conformance with the Site Plan/Landscape Plan, prepared by
Brickman, dated November 26, 2007.
3. Substantial conformance with the Floor Plan, submitted by Don Westphal, dated
August 9, 2007.
4. Parking is approved for the Elk's Club Lodge based on a maximum occupancy
load of 63 people. The Elks Club will not hold any special events at this location in
which attendance will exceed the maximum occupancy load.
5. The parking lot must be seal coated and striped according to approved plans prior
to the issuance of an occupancy permit.
6. Curbing must be completed around the entire interior landscape yard west of the
building. A curbed island should be included on each end of the row of parking
spaces along the west side of this interior landscape yard. This curbing must be
completed prior to the issuance of an occupancy permit.
7. The refuse collection area must be enclosed according to the requirements of the
Elgin Municipal Code prior to the issuance of an occupancy permit.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code. Note: The exposed framework on the sign that exists on
the mansard roof of the commercial building must be covered to bring this wall
sign into conformance to ordinance requirements. Covering the exposed
framework on the sign must be completed prior to the issuance of an occupancy
permit.
9. Compliance with all applicable codes and ordinances.
r
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.
tIC"1"j
d Schock, Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published:
Attest:
Cam ,�a- zT�
Diane Robertson, Cit Clerk
r
December 19, 2007
rah
FINDINGS OF FACT
Zoning and Subdivisiohi Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petitio 168-07 Requesting Conditional Use Approval in the NB Neighborhood
Business District,to Permit the Establishment of a Membership Organization and a Drinking Place
with Alcoholic Beveragc s;Property Located at 139-141 West River Road,by Elgin Lodge,Number
737,B.P.O.Elks of USA,as Applicant,and Willow Lakes Estates/Equity LifeStyle Properties,Inc.,
as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval _
Current Zoning: NB Neighborhood Business District _
Existing Use: Vacant Multi-Tenant Commercial Building
Proposed Use: Elks Lodge with Bar within Two of Six Vacant
Tenant Spaces in the Commercial Building
Property Location: 139-141 West River Road
Applicant: Elgin Lodge,Number 737, B.P.O. Elks of USA
Owner: Willow Lakes Estates/Equity LifeStyle Properties, Inc.
Staff Coordinator: L dia Tre.anz. 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 A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-07 December 19, 2007
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Elgin Lodge, Number 737, B.P.O. Elks of USA requesting
conditional use approval in the NB Neighborhood Business District,to permit the establishment of a
membership organization and a drinking place with alcoholic beverages. The property is located at
139-141 West River Road (reference Exhibits A, B, C, D, and E).
The Elgin Elks Club is proposing to establish a lodge in two of six vacant tenant spaces in the multi-
tenant commercial building at 139-141 West River Road. The lodge will include a bar. The Elks '
lodge and bar will be open three or four evenings a week,with bar service being available only for
lodge members and their guests. There will not be a formal restaurant at this location. When
needed, food will be catered in. The Elks Club wants to have a popcorn maker, hot dog cooker,
pizza oven and microwave on site for the preparation of snacks.
Most of the club's activities will take place in the evening. The Elks Club will not hold any special
events at this location in which attendance will exceed the maximum occupancy load of 63 people.
On these occasions, the Elks Club will rent a facility that can adequately handle larger groups of
people(reference Exhibits F, G, H, and I).
The applicant needs conditional use approval for a membership organization and a drinking place
with alcoholic beverages to be allowed in the NB District. The purpose and intent of the provisions
for conditional use approval is to recognize that there are certain uses which cannot be properly
located 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 68-07 on December 19, 2007. The applicant testified at the
public hearing and presented documentary evidence in support of the application. No objectors were
2
Findings of Fact
Petition 68-07 Zoning and Subdivision Hearing Board
December 19, 2007
present. The Community Development Group submitted a Conditional Use Review dated December
5, 2007.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property use w.th respect to the length of time the property p ��' for the intended
ope dor
unused in its can %nt zoning district. P Ply has remained undeveloped or
Findings. The sl bject 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.
1 92 7: Out of City
1950: Ott of City
1960: Chat of City
1962: B' General Service District
1992: B' General Service District
Present: NB Neighborhood Business District
The subject property is a commercial site that is part of the Willow Lakes Estates
development. The Willow Lakes property was annexed to the City in 1963. The subject
property was imp:oved with an 8,180.4 square foot multi-tenant commercial building and an
accessory off-street parking lot in 1971.
B. Surrounding La ad 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 zoni ng.
Findings. The ss.bject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The undeveloped parcel of land located north of the subject property is zoned PRC Planned
Residence Consei vation District and is owned by Northern Illinois Gas Company. North of
the vacant parcel pf land is West River Road and the Northwest Toll Highway respectively.
The areas located east and south of the subject property are zoned PRC Planned Residence
Conservation Di:trict and are developed with mobile homes that are part of the Willow
Lakes Estates del elopment.
The area located'west of the subject property is zoned PRC Planned Residence Conservation
District. Cheryl Lane is located adjacent to the property. The land west of Cheryl Lane is
3
•
Findings of Fact
Petition 68-07 Zoning and Subdivision Hearing Board
December 19, 2007
developed with the administrative building and with accessory off-street ark'
Willow Lakes Estates development. p ing for the
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 oan
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 multi-tenant commercial building adjoining the mobile home park is located east of the
main administrative office for the mobile home community. The proposed Elks Club lodge
is a compatible land use within the commercial setting established within the mobile home
park.
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.
.44)
The purpose of the NB neighborhood business district is to provide for commercial areas
supplying daily convenience commodities and services to a neighborhood population. The
scale of development of an NB zoning district is limited by the applicable site design
regulations due to its function and resulting close proximity to residences.
The ability of the Elks Club to establish occupancy within the commercial building allows
the membership organization to relocate back into the City of Elgin, close to residential
neighborhoods. It gives the organization the opportunity to interact and to supply services to
the residents of Elgin from within city limits.
As part of the conditional use approval, additional landscaping will be added to the vehicle
use area located on the commercial site to bring this area into conformance with landscaping
ordinance requirements. The parking lot will be seal coated and striped. Curbing will be
completed around the entire interior landscape yard west of the commercial building and a
curbed island will be included on each end of the row of parking spaces along the west side
of this interior landscape yard. The refuse collection area will be enclosed according to
ordinance requirements and existing signs will be brought into conformance to street graphic
ordinance requirements.
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-07 December 19,2007
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,v(getation, and existing improvements.
Findings.The si ibj e ct property is suitable for the intended conditional use with respect to the
site characteristi:s standard.
The subject pro)erty is an irregularly shaped parcel consisting of approximately 89,487
square feet of pal id. The site is improved with an 8,180.4 square foot,single-story multiple-
tenant brick commercial building and accessory off-street parking lot. A 6 ft fence runs
along the rear of the building. There are mature trees located along the north and south side
of the parking lo:and there is a row of mature bushes located in the interior landscaped yard
west of the built ing.
The subject prop erty is part of the Willow Lakes Estates development,a mobile home park
located on 124 E cres of land. There are approximately 582 homes within this park. The
park also include s an administrative office,recreation center,bath house and pool,lift station
and lake.
Pik
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 si orm water control facilities.
Findings. The s abject property is suitable for the intended conditional use with respect to
the sewer and w Ater 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 circulk tion designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended conditional use with respect to
the traffic and pi lrking standard.
The subject prop erty is connected to West River Road at the northeast end of the lot. The
subject property also has a point of access to Cheryl Lane on the west end of the lot and to
Mel Brooke Drip re on the south end of the lot.
West River Roac.is a collector road that serves residential developments,businesses,services
and schools on tie northwest side of the Fox River within the City of Elgin. Cheryl Lane and
5
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-07 December 19, 2007
Mel Brooke Drive are local roads that serve the Willow Lakes Estates development.
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 "Medium Density Residential" by the City's
Comprehensive Plan and Design Guidelines dated 2005. Areas with the medium density
residential designation provide a wide range of residential uses, including single family
attached and detached homes. Appropriate locations offer neighborhood access to collector
roads, access to water and sanitary sewer systems, and proximity to public safety services.
The provision of park and open space is encouraged to provide opportunities for recreation
and access to bicycle and pedestrian trail networks. Other uses allowed in this category may
include neighborhood commercial centers, churches, and schools in locations deemed
appropriate by the City.
The proposed membership organization is in keeping with the objectives and policies of this
comprehensive plan designation. Neighborhood commercial center uses are included under
"other uses" allowed in this category.
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.
The subject property is located at the northern end of the Willow Lakes community. The
subject property can be accessed directly from West River Road,making travel through the
Willow Lakes development unnecessary.
6
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-07 December 19, 2007
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and SubdiN ision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Fi:dings.
Positive Attribut?s. The proposed membership organization is in keeping with the objectives
and policies of t ie"Medium Density Residential"designation in the comprehensive plan.
Neighborhood commercial center uses are included under "other uses" allowed in this
category.
The subject property is located at the northern end of the Willow Lakes mobile home park
community. The subject property can be accessed directly from West River Road, making
travel through the Willow Lakes development unnecessary. The subject property is
connected to the Elgin community by way of this frontage road system.
As part of the conditional use approval, additional landscaping will be added to the vehicle
use area located in the commercial site to bring this area into conformance with landscaping
ordinance requil ements. The parking lot will be seal coated and striped. Curbing will be
completed arour d the entire interior landscape yard west of the commercial building and a
curbed island will be included on each end of the row of parking spaces along the west side
of this interior 1 andscape yard. The refuse collection area will be enclosed according to
ordinance requir:,ments and existing signs will be brought into conformance to street graphic
ordinance requiu ements.
B. Summary of Unresolved Issues.
There are no urn esolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substanti,re alternatives.
DECISION
The Zoning and Subdi,rision Hearing Board recommends the approval of Petition 68-07. On a
motion to recommend a,proval 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
Petition 68-07 g
December 19, 2007
1. Substantial conformance with the Statement of Purpose and Conformance,submitted
by Don Westphal, dated August 9, 2007.
2. Substantial conformance with the Site Plan/Landscape Plan,prepared by Brickman,
dated November 15, 2007.
3. Substantial conformance with the Floor Plan, submitted by Don Westphal, dated
August 9, 2007.
4. Parking is approved for the Elk's Club Lodge based on a maximum occupancy load
of 63 people. The Elks Club will not hold any special events at this location in
which attendance will exceed the maximum occupancy load.
5. The parking lot must be seal coated and striped according to approved plans.
6. Curbing must be completed around the entire interior landscape yard west of the
building. A curbed island should be included on each end of the row of parking
spaces along the west side of this interior landscape yard.
7. The refuse collection area must be enclosed according to the requirements of the
Elgin Municipal Code.
8. All signs must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code. Note: The exposed framework on the sign that exists on the
mansard roof of the commercial building must be covered to bring this wall sign into
conformance to ordinance requirements.
9. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval was adopted.
s/Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
8
Findings of Fact Zoning and Subdivision Hearing Board
Petition 68-07 December 19, 2007
s/ Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
9