G13-11 Ordinance No. G13-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE
(221 National Street)
WHEREAS; written application has been made for a conditional use to permit the
establishment of a drinking place in the CC2 Center City District, the ARC Arterial Road Corridor
Overlay District, and the HP Historic Preservation Overlay District at 221 National 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:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact;
dated March 2, 2011, 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 drinking place in the CC2
Center City District, the ARC Arterial Road Corridor Overlay District, and the HP Historic
Preservation Overlay District at 221 National Street and legally described as follows:
Lot 5 (Except the Westerly 14.0 Feet Thereof)and That Part of Lot 6 Lying Westerly
of a Line Described as Follows: Beginning in the Northerly Line of Said Lot, 21.0
Feet Westerly From the Northeast Corner Thereof; Thence Southerly to a Point on
the Southerly Line of Said Lot, 20 Feet 11 '/4 Inches (20.94 Feet) Westerly From the
Southeast Corner of Said Lot and That Part of Lot 6 Lying Easterly of a Line
Described as Follows: Beginning in the Northerly Line of Said Lot; 21.0 Feet
Westerly From the Northeast Corner Thereof; Thence Southerly to a Point on the
Southerly Line of Said Lot, 20 Feet 11 '/4 Inches (20.94 Feet) Westerly From the
Southeast Corner of Said Lot of C.S. Mixer's Subdivision, Being a Subdivision of
Lots 6, 7, 1, 2 and Part of Lot 3 of John K. Bigelow's Subdivision of Lot I and 2 in
Block II (2) of Sherman's Addition to Elgin, in the City of Elgin, Kane County,
Illinois (Property Commonly Known as 221 National Street)
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,submitted
by Kathy Cherry, dated February 17, 2011;
•
• 2. The JJ Fish&Chicken wall sign;located at the southeast corner of the building,is an
unlawful, off-premise sign and shall be removed:
3. A maximum of two (2) signs relating to alcoholic sales will be allowed to be posted
on the subject property building:
4. Parking lot stalls on site shall be restriped; and
5. 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 Sc ock, Mayor
Presented: April 13, 2011
Passed: April 13, 2011
• Vote: Yeas: 4 Nays: 3
Recorded: April 14, 2011 ?�
Published: April 15, 2011
Attest: o .
Diane Robertson, City Cl rk
•
Attachment A March 2, 2011
• FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 04-11 Requesting a Conditional Use in the CC2 Center City District,
the ARC Arterial Road Corridor Overlay District and the HP Historic Preservation Overlay
District to Permit the Establishment of a Drinking Place; Property Located at 221 National
Street, by Kathy Cherry, as Applicant, and National LLC, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
CC2 Center City District
ARC Arterial Road Corridor Overlay District
Current Zoning: HP Historic Preservation Overlay District
Existing Use: Restaurant
• Property Location: 221 National Street
Applicant: Kathy Cherry
Owner: National 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 Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
• G. Statement of Purpose and Conformance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
•
H. Draft Conditional Use Ordinance (see attached)
L Related Correspondence (see attached)
BACKGROUND
An application has been filed by Kathy Cherry, requesting a conditional use to permit the
establishment of a drinking place in the CC2 Center City District, the ARC Arterial Road
Corridor Overlay District, and the HP Historic Preservation Overlay District. The subject
property is located at 221 National Street (reference Exhibits A, B, C, D, E and F).
The applicant operates a restaurant known as JJ Fish and Chicken at the subject property. The
restaurant is a permitted use in the CC2 Center City District, the ARC Arterial Road Corridor
Overlay District, and the HP Historic Preservation Overlay District. The applicant currently is
remodeling the interior of the restaurant and is requesting to add the sale of beer and wine to the
menu. The proposed sale of alcohol is a conditional use and requires a public hearing and City
Council approval.
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
(reference Exhibits G, H, and I).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 04-11 on March 2, 2011. Testimony was presented at
the public hearing in support of the application. No objectors were present. The Community
Development Group submitted a Conditional Use Review dated February 23, 2011.
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: D Commercial District
1960: D Commercial District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
• 1962: 134 General Service District
1992: 134 General Service District
Present: CC2 Center City District
ARC Arterial Road Corridor Overlay District
HP Historic Preservation Overlay District
The subject property was classified an E Commercial District in 1927. It was reclassified
to 134 General Service District in 1962 and to CC2 Center City District in 1992 as part of
the comprehensive amendment to the zoning ordinance.
In 1996, because the building on the subject property was destroyed by fire, a conditional
use for a planned development and a variation was passed to allow the reconstruction and
expansion of the original building's footprint. The conditional use reestablished an upper
floor apartment destroyed by the fire. Since 2007, a restaurant has occupied the first
floor tenant space at 221 National Street. The current resturant owner received
occupancy approval in October of 2010. The owner has not requested a liquor license
until now.
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 may be suitable for the intended conditional use with
respect to consistency and compatibility with surrounding land use and zoning.
The area located north of the subject property is zoned CC2 Center City District and is
developed with a day care facility and a state government building for the Illinois Army
National Guard.
The area located west of the subject property is zoned CC2 Center City District and is
developed with commercial uses and residential uses. The area further west and
northwest of the subject property is zoned PCC and is developed with the Clock Tower
Shopping Center, the Grand Victoria Casino parking deck, surface parking lot, and the
Grand Victoria Riverboat Casino.
The area located northeast of the subject property is zoned CC2 and is developed with a
restaurant and a computer service business. The area located east of the subject property
is zoned CF Community Facility and is developed with a public parking lot.
The area located south of the subject property is zoned RC3 Residence Conservation
District and is developed with residential uses.
•
Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
•
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.
The subject property is located on the edge of center city and a mature residential
neighborhood. The surrounding area is developed with a mix of institutional,
entertainment, restaurant, commercial, service, and residential uses.
D. Zoning District 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.
The purpose of the CC2 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 CC2 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
development standards are intended to promote a transition between the more intense
development in the CC1 zoning district and the residential neighborhoods surrounding
the center city.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote
and facilitate the implementation of the objectives, policies, and strategies of the city of
Elgin "Comprehensive Plan." The ARC overlay district is a zoning overlay district, and
accordingly, the property located within the district shall also be subject to the regulations
of the underlying zoning district in which it is located.
The purpose of the HP Historic Preservation district is to promote and to facilitate the
provisions of title 20 of the municipal code. The HP zoning district is an overlay zoning
district, and accordingly, the property located within such a district shall also be subject
to the regulations of the underlying zoning district in which it is located.
•
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
•
The proposed use is in keeping with the purpose and intent of the CC2 Center City
District, the ARC Arterial Road Corridor Overlay District, and the HP Historic
Preservation Overlay District. It proposes placing a retail use as a transition between
Center City and the residential neighbohoods that adjoin it.
The proposed drinking facility is a customary and traditional component land use in the
CC2 District. Conditional use approval to sell beer and wine will help the restaurant
expand its service to its customers.
JJ Fish and Chicken intends to install new large screen TV's and update the pool table
and two video games that occupy less than 10% of the tenant floor space. The
restaurant's hours of operation are Monday through Thursday from 11:00 am to 9:00 pm,
Friday to Saturday from 11:00 am to 10:00 pm, and Sunday from 11:00 am to 6:00 pm.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards 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 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 a regular shaped parcel containing approximately 9,744 square
feet of lot area. The property is improved with a two-story brick commercial building
and paved vehicle use area.
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 municipal water, sanitary sewer and storm water
control services.
•
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Findings of Fact Hearing Board
Petition 04-11 March 2, 2011
•
C. 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 at the southwest corner of National Street and Raymond
Street. National Street is an arterial street and Raymond Street is a collector street.
Parking will be provided in conformance with the requirements of the zoning ordinance.
Within the CC2 zoning district, land uses located within 800 feet of a municipal off street
parking facility are not required to provide off street parking. A city-owned parking lot is
located approximately 125 feet east of the subject property.
Off street parking is provided in conformance with the Off Street Parking Ordinance.
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 "Transportation Corridor' and "Medium Density
Residential (4.1-8.7 d.u./net acre)" by the Ciry's Comprehensive Plan and Design
Guidelines dated 2005. Transportation Corridors connect designated mixed-use centers
and provide part of the guiding framework for growth and development throughout the
planning area. These corridors are intended to optimize public transit and to move people
in a timely and efficient manner. They are candidates for higher intensity mixed-use and
corridor residential (7-14du/acre) development to promote the use of transit. The
location and mapping of mixed-use and corridor residential development areas along
designated transportation corridors will be determined during the course of more focused
corridor planning efforts and development review.
The Medium Density Residential designation provides a wide range of residential uses,
including single family attached and detached homes, duplexes and townhomes.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
The subject property fits the "Transportation Corridor' and "Medium Density
Residential" Comprehensive Plan designations.
E. 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.
F. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of, or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
• Findings. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The restaurant is not proposing any changes to the exterior of the building, including
signage. Such changes would necessitate the approval of the Elgin Heritage Commission.
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 proposed use is in keeping with the purpose and intent of the
CC2 Center City District, the ARC Arterial Road Corridor Overlay District, and the HP
Historic Preservation Overlay District. It proposes placing a retail use as a transition
between Center City and the residential neighbohoods that adjoin it.
The proposed drinking facility is a customary and traditional component land use in the
CC2 District. Conditional use approval to sell beer and wine will help the restaurant
expand its service to its customers.
7
Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
• JJ Fish and Chicken intends to install new large screen TV's and update the pool table
and two video games that occupy less than 10% of the tenant floor space. The
restaurant's hours of operation are Monday through Thursday from 11:00 am to 9:00 pm,
Friday to Saturday from 11:00 am to 10:00 pm, and Sunday from 11:00 am to 6:00 pm.
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
The Zoning and Subdivision Hearing Board recommends the approval of Petition 04-11. On a
motion to recommend approval of the conditional use, subject to the following conditions, the
vote was five (5) yes and one (1) no:
1. Substantial conformance with the Statement of Purpose and Conformance, submitted by
Kathy Cherry, dated February 17, 2011.
2. The JJ Fish & Chicken wall sign, located at the southeast corner of the building, is
considered an off-premise sign and prohibited. The sign must be removed.
3. A maximum of two (2) signs relating to alcoholic sales will be allowed to be posted on
the subject property building.
4. Parking lot stalls on site should be restriped.
5. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 04-11 was adopted.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 04-11 March 2, 2011
•
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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