G19-12 Ordinance No. G19-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND
AN OUTDOOR EATING AND DRINKING FACILITY
IN THE PAB PLANNED AREA BUSINESS DISTRICT
(1350 East Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for a
drinking place and outdoor eating and drinking facility in the PAB Planned Area Business
District; and
WHEREAS, the Planning and Zoning Commission 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 with the findings and
recommendation of the Planning and Zoning Commission.
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, 2012, made by the Planning and Zoning Commission, 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 and
outdoor eating and drinking facility in the PAB Planned Area Business District at 1350 East
Chicago Street and legally described as follows:
That part of Section 17 and Section 20, both in Township 41 North, Range 9 East
of the third principal meridian, described as follows: commencing at the
northwest corner of the southwest quarter of aforesaid Section 17 and running
thence North 87 degrees 51 minutes 25 seconds East, along the North line of said
southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East
863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet;
thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64
degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1
minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8
seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East,
70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42
seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park
Road) as said road was dedicated by document no. 11200329; thence North 85
degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet: thence
South 6 degrees 5') minutes 24 seconds East, along said line 15 feet; thence North
• 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4
degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0
minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46
• seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West,
10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded
to the people of the State of Illinois, Department of Transportation, by deed
recorded August 5, 1998 as Document Number 98688397 more specifically
described as follows: that part of the northwest quarter of Section 20, Township
41 North, Range 9 East of the third principal meridian, in Cook County, Illinois
described as follows: commencing at the northwest corner of said northwest
quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet
(bearings assumed for description purposes only) along the north line of said
northwest quarter to the west right of way of Shales Parkway (Lovell Road) as
established by document no. 88486058; thence south 9 degrees 48 minutes 16
seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees
26 minutes 10 seconds west 36.64 feet, along said right of way line for the point
of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west;
20.00 feet, along said west right of way to the north right of way line of Chicago-
Elgin Road (Illinois Route 19) as established by document no. 11200329; thence
south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of
way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the
point of beginning: also excepting there from that part dedicated for public street
(a portion of Philips Way) by plat of dedication recorded June 7, 1990 as
Document No. 90267579 more particularly described as follows: beginning at the
northwest corner of the subject land; thence south 85 degrees 33 minutes 12
• seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46
seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured
perpendicular, easterly of and parallel with a line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence south 03 degrees 59
minutes 42 seconds east, along said parallel line, a distance of 70.00 feet: thence
south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described
line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence north 03 degrees 59
minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of
beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57
acres more or less (Property commonly known as 1350 East Chicago Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance; and
attachments, submitted by James McGrath, date received January 13, 2012.
2. Substantial conformance to the letter submitted by James McGrath, dated March 27,
2012.
3. Substantial conformance to the Floor Plan, prepared by Larry Anderson Planning Design,
date received January 13, 2012.
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4. The drinking place is restricted to the tenant spaces at Suites 12, 13, 14, and 15 located
• within the Highpoint Plaza Shopping Center at 1350 East Chicago Street. The outdoor
eating and drinking facility associated with the drinking place is generally limited to the
sidewalk in front of the tenant spaces associated with the drinking place and/or within no
more than four (4) parking spaces that front same adjacent sidewalk.
5. The outdoor eating and drinking facility shall comply with all local, state, and federal
regulations at all times, including but not limited to providing a 36-inch clear travel path
through it as required by the American Association of Disability Act Design Standards.
6. The final design and layout of the outdoor eating and drinking facility shall be reviewed
and approved by the Community Development Department. Minimally, if said facility is
to use parking spaces as allowed above, it shall (a) protect persons therein from vehicles
by including Jersey wall barriers on all sides adjacent to a parking space or drive aisle,
and (b) minimize trip hazards and provide accessibility by including a platform raised
such that the floor of the facility is level with the adjacent sidewalk. All barriers shall be
fully covered and include planter boxes. This facility is temporary in nature and is
permitted only from April to October. During all other months, the facility and all
associated parts shall be removed and the parking spaces there under made useable for
parking.
7. Umbrellas are the only free-standing shading or sheltering devices permitted within the
outdoor eating and drinking facility, provided they are appropriately secured to prevent
tipping. No artificial heating devices shall be permitted outside of the drinking place.
8. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code. Signage is not permitted within, upon, or along the outdoor eating and
drinking facility, including upon table umbrellas.
9. Compliance with all applicable codes and ordinances. In the event of any conflict
between the documents referred to in conditions 1 through 3 above, and this ordinance or
other applicable city ordinances, this ordinance or other applicable city ordinances shall
supersede and control.
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.
David J. Wain, ayor
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F� II
Presented: April 25, 2012 ,,gBaUM�,
• Passed: April 25, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 25, 2012 t
Published: April 27, 2012
Attest:
Kimberly Dewis, Clity Clerk
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•
March 5, 2012
�• FINDINGS OF FACT
Planning and Zoning Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 02-12 Requesting a Conditional Use in the PAB Planned Area
Business District, to Permit the Establishment of a Drinking Place and Outdoor Eating and
Drinking Facility; Property Located at 1.350 East Chicago Street, by James McGrath, d/b/a
McGrath Builders, as Applicant and Dearborn Construction and Development, Ltd., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PAB Planned Area Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 1350 East Chicago Street
• Applicant: James McGrath, d/b/a McGrath Builders
Owner: Dearborn Construction and Development. Ltd.
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 Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see att ached)
Exhibit A
Findings of Fact Planning and Zoning Commission
Petition 02-12 March 5, 2012
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by James McGrath, d/b/a McGrath Builders, requesting a
conditional use to permit the establishment of a drinking place and outdoor eating and drinking
facility in the PAB Planned Area Business District. The subject property is located at 1350 East
Chicago Street (reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a restaurant and sports bar, McGruder's Irish Pub, serving
alcohol and with an outdoor eating and drinking seating area. The proposed business will
occupy 4,000 square feet of vacant tenant space in the Highpoint Plaza Shopping Center. The
proposed restaurant-will operate mainly as a sports bar with arcade machines and board games
for entertainment. The proposed hours of operation will be Monday through Thursday from 7:00
a.m. to 12:00 a.m., Friday and Saturday from 11:00 a.m. to 2:00 a.m. and Sunday from 7:00 a.m.
to 12:00 a.m. The hours of operation have been revised to include opening up the restaurant at
7:00 a.m. in order to have the ability to serve breakfast in the future. The applicant will request to
stay open longer on New Year's Day, St. Patrick's Day, and the Day-After Thanksgiving Day.
• Restaurants are a permitted use in this. PAB zoning district. However, drinking.places and
outdoor eating and drinking facilities are conditional uses, and require 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 F, G, and H).
GENERAL FINDINGS
After due notice, as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 02-12-on March 5, 2012. Testimony was presented at the
public hearing in support -of the application. No objectors were present. The Community
Development Department submitted a Conditional Use Review dated March 5, 2012.
The Planning and Zoning Commission has made the following general findings:
A. Zoning History. The subject property was zoned as follows:
1927: Outside City Limits
190: Outside City Limits
1960: Outside City Limits
1962: Outside City Limits
• 1992: B4 General Service Business District
Present: PAB Planned Area Business District
Findings of Fact Planning and Zoning Commission
Petition 02-12 March 5, 2012
/ • ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned 134 General Service Business District in
1988 as part of the Woodland Creek Subdivision Annexation. The subject property was
rezoned to Cl Commercial Industrial District as part of the comprehensive amendment to
the zoning ordinance in 1992. In 2006 it was reclassified from Cl Commercial Industrial
District to PAB Planned Area Business District to provide for the development of the
shopping center.
B. Surrounding Land Use and Zoning. The area located to the north of the subject
property is zoned PRC Planned Residence Conservation District, and is improved with
single family residential homes.
The areas to the west and south are zoned CI Commercial Industrial District, and are
improved with automobile sales and service related uses.
The - area to the east lies within unincorporated Cook County and includes a
Commonwealth Edison right-of-way and vacant land.
C. Trend of Development. The subject property is located in an area developed primarily
with commercial uses, and residential uses to the north.
SD. Zoning District. The purpose of the AB Area Business district is to provide
commodities and services to several neighborhoods, and in some instances to a
communitywide or regional supporting population. AB zoning districts are limited by the
applicable site design regulations to an intermediate scale of development relative to NB
Neighborhood Business districts and the CCl Center City district.
The proposed drinking facility and outdoor eating and drinking facilities are customary._
and traditional component land uses in the AB District. Conditional use approval to
serve alcohol will allow the restaurant expand its service to its customers.
The proposed McGruders Irish Pub establishment will be located, designed and operated
in accordance with the appearance, character, public health, safety and welfare of the
community, and is consistent with the other land uses of this PAB Planned Area Business
District.
STANDARDS FOR CONDITIONAL USES
The Planning & Zoning Commission has made the following findings concerning the standards
for conditional uses:
Findings of Fact Planning and Zoning Commission
Petition 02-12 March 5, 2012
• 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 comprised of a 4.57 acre commercial subdivision commonly
known as High Point Plaza Shopping Center. The shopping center was developed in
2006, with a 33,000 square feet commercial :building, containing 32 tenant spaces, and
off-street parking. The proposed 4,000 square foot McGruder's Irish Pub will occupy
four vacant tenant spaces within the existing commercial building.
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 facilities. The design of stormwater management systems is in compliance with
• the Kane County Stormwater Ordinance.
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 northwest corner of East Chicago Street and Shales
Parkway and has frontage along East Chicago Street. The site has two points of access
which include a right-in/right-out access drive along East Chicago Street and a full access .
drive along Shales Parkway.
East Chicago Street is an arterial street serving the east side of Elgin. Shales Parkway is
a collector street serving the neighborhoods in the vicinity of the commercial center.
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.
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Findings of Fact Planning and Zoning Commission
Petition 02-12 March 5, 2012
�• Findings. The subject property is suitable for the intended conditional use with respect
to the Comprehensive Plan Standard.
Even thought the subject property is designated "Highway Commercial" by the City's
Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway
Commercial typically serves surrounding neighborhood areas, but also larger trade areas
connected by the arterial street system. They may include all of the commercial uses
found in the mixed-use centers. In addition, they typically include highway-serving uses
such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto
parts stores, and other stand alone retail uses. These commercial areas are generally auto
dominated with few pedestrian amenities.
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 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 in a well-established
commercial area.
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 subject property is not located within a designated historic district.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
The Planning and Zoning Commission has developed or identified the-following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
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Findings of Fact Planning and Zoning Commission
Petition 02-12 March 5, 2012
0 Positive Attributes: The proposed outdoor eating and drinking facility and,provision of
entertainment within the proposed restaurant are customary and traditional component
land uses. If approved, the conditional uses will allow the new restaurant expand its
services to its customers.
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 Planning and Zoning Commission recommends the approval of Petition 02-12. On a motion
to recommend approval of the conditional use, subject to the following conditions, the vote was
eight (8) yes and zero (0) no:
• 1. Substantial conformance with the Statement of Purpose and Conformance, and
attachments, submitted by James McGrath, date received January 13, 2012.
2. Substantial conformance to the Floor Plan, prepared by Larry Anderson Planning Design,
date received January 13, 2012.
3. Amend the hours of operation to begin at 7:00 a.m. to provide the future option of serving
of breakfast, offer a late night food menu after 9:00 p.m, and provide for. carryout
services.
4. The proposed outdoor eating and drinking facility shall be restricted to a defined space
within the parking lot on the subject property. Proposed plan to be reviewed and
approved by the Community Development Department.
5.
6. The drinking place and outdoor eating and drinking facility will be restricted to the tenant
spaces at Suites 12, 13, 14, and 15 located within the Highpoint Plaza Shopping Center at
1350 East Chicago Street.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
• 8. Compliance with all applicable codes and ordinances.
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Findings of Fact Planning and Zoning Commission
.Petition 02-12 March 5, 2012
Therefore, the motion to recommend approval of Petition 02-12 was adopted.
Respectfully submitted:
s/Robert Siliestrom
Robert Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
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