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G54-13 Ordinance No. G54-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE WITH AN OUTDOOR EATING AND DRINKING FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (550 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a drinking place with an outdoor eating and drinking facility in the NB Neighborhood Business District; and WHEREAS, the Planning & 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 & 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 November 4, 2013, made by the Planning & 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 drinking place with an outdoor eating and drinking facility in the NB Neighborhood Business District at 550 South McLean Boulevard, and legally described as follows: Lot 1 of Burnidge Bros. Industrial Park, Unit No.5, in the City of Elgin, Kane County, Illinois (Property commonly known as 550 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the revised Statement of Purpose and Conformance, and Attachments, submitted by Mike Deol on behalf of D Hangout Bar and Grill, dated received October 29, 2013. 2. Substantial conformance to the Site Plan (Sheet A1.0) and Floor Plans (Sheet A2.0), dated October 3, 2013, last revised dated October 29, 2013, prepared by Group A Architecture. 3. Substantial conformance to the First Floor Layout Plan, Mike Deol on behalf of D Hangout Bar and Grill, dated received October 28, 2013. 4. Use of the lower level will be restricted to an office space and storage only until such time that the applicant can demonstrate compliance with the parking requirements provided for within Chapter 19.45 of the Zoning Ordinance entitled "Off-Street Parking." Compliance with the requirements of this chapter, and all other applicable codes and ordinances, shall allow the use of the lower level as a banquet facility, restaurant, drinking place, and/or a listed permitted use without requiring an amendment to this conditional use ordinance. 5. The installation of the vehicle use area landscape yards and associated planting materials shall be completed no later than 24 months from the date of this conditional use approval. 6. 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. avid J. Kapt ' , M or Presented: December 4, 2013 Passed: December 4, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 4, 2013 Published: December 6, 2013 Attest: Kimberly Dewis, ity C erk ` r November 4, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT OVERVIEW Mike Deol, Noel Lara, Jose Arboleda Junior, and Florentino Delcarmen, d/b/a D Hangout Bar and Grill request approval of a conditional use to establish a drinking place, with an outdoor eating and drinking facility at 550 South McLean Boulevard. GENERAL INFORMATION Petition Number: 31-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: Mike Deol,Noel Lara,Jose Arboleda Junior, and Florentino Delcarmen d/b/a ) Hangout Bar and Grill History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 31-13 on November 4, 2013. The applicant submitted a Statement of Purpose and Conformance dated received October 29, 2013, and testified at the public hearing. Staff Coordinator: Denise Momodu Associate Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, Application F. Draft Conditional Use Ordinance BACKGROUND & PROJECT DETAIL Mike Deol, Noel Lara, Jose Arboleda Junior, and Florentino Delcarmen, d/b/a D Hangout Bar and Grill are requesting conditional use approval to operate a bar and grill, with an outdoor seating area at the property located at 550 South McLean Boulevard. The proposed restaurant will mainly operate as a sports bar and grill with video gaming machines, karaoke machines, dart Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 31-13 November 4, 2013 board games, and pool tables for entertainment. An outdoor eating and drinking facility is being proposed at the west side (rear) of the building. The restaurant will occupy about 5,112 square feet of floor area on the main floor of the exiting restaurant building. The proposed hours of operation will be Monday through Thursday from 11:00 a.m. to 12:00 a.m., Friday and Saturday from 11:00 a.m. to 2:00 a.m. and Sunday from 11:00 a.m. to 11:00 p.m. The applicants are requesting to stay open longer on certain holidays such as New Year's Eve and St. Patrick's Day. As part of obtaining conditional use approval, the applicants have agreed to bring the existing non-conforming parking lot into compliance to the greatest extent possible by removing some of the asphalt to provide for a six-foot vehicle use area interior setback and install the required landscape materials along the parking lot perimeter. The applicants had initially proposed to establish a banquet facility and piano bar in the lower level (basement) of the building, but after evaluating the demand for off-street parking, have since revised their application. The lower level will strictly be used only for storage and an office. Restaurants are a permitted use in the NB Neighborhood Business District. However, drinking places, 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. FINDINGS OF FACT The Planning and Zoning Commission 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. The subject property was annexed as part of Burnidge Brothers Industrial Park in 1962, under ordinance No. 5-694, and zoned M 1 Limited Manufacturing. In 1972 a variation was granted to rezone the property from M1 to B3 Service Business District to permit the construction of a restaurant and cocktail lounge. (It should be noted that the only mechanism provided in the zoning ordinance at that time to rezone a property was a variation). In 1992, the property was reclassified to NB Neighborhood Business District as part of a comprehensive amendment to the zoning ordinance. The existing building was built in 1973, as a restaurant and bar called Dieterle's Restaurant Lounge. City records indicate that since that time, various business owners 2 Recommendation & Findings of Fact Planning& Zoning Commission Petition 31-13 November 4, 2013 have operated a bar and restaurant at the subject property until 2011, following which the premises have remained vacant and any conditional uses on the property abandoned. The current applicant is therefore required to apply for a conditional use to use the property in the proposed use as a bar and grill. 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 to the north, south and west of the subject property are zoned NB Neighborhood Business District. The area to the north is improved with a gas station and the areas to the immediate west and south abutting the subject property are currently vacant and controlled by the restaurant located farther south (Colonial Ice Cream). . The area farther west of the property is zoned PCF Planned Community Facility District and is developed with the campus of Elgin Community College. The area to the east of the subject property is zoned PRC Planned Residence Conservation District and is improved with a multi-family residential development. The area to the immediate northwest is zoned GI General Industrial District and is developed with a carpet store (Abbey Tri State Carpet)and surface parking lot. 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 within an area that has developed with a mix of commercial, industrial, institutional and residential 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, and location and size of the 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, and location and size of the zoning district. 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 regulations due to its function and resulting close proximity to residences. 3 Recommendation & Findings of Fact Planning& Zoning Commission Petition 31-13 November 4, 2013 The Planning & Zoning Commission has made the following findings concerning the standards for conditional uses: 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 proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property is an irregular shaped parcel containing contains 61,565 square feet of land area. The property is improved with a 5,608 square feet one-story stucco and frame building with a total usable floor area of 8,178 square feet and a paved vehicle use area that covers the entire lot. There are no natural features located on the site. 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. The subject property is served by municipal water and sanitary sewer systems. 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 has frontage along South McLean Boulevard with two points of access. South McLean Boulevard is a regional arterial road serving the west side of Elgin. In 1973, a building permit for the existing building was issued with the condition that sufficient parking was provided for use of the main floor only, and that at such time the lower level (basement) was to be used; additional parking would need to be provided. However in 1974, the parking demand was reevaluated by staff and guidance was provided to the property owner stating that all areas not directly associated with the consumption of food (including the kitchen areas) were excluded from the calculations of the parking demand. As a result it was determined that the 113 stalls that were provided on-site were sufficient for the restaurant and cocktail lounge to operate utilizing 6,812 square feet of floor area. However, there are no occupancy or building permits within 4 Recommendation & Findings of Fact Planning & Zoning Commission Petition 31-13 November 4, 2013 city records to indicate that the guidance provided by staff at that time was lawfully established on the property. As a change in business ownership did not require the reevaluation of the number of required off-street parking stalls, staff subsequently issued change-in-ownership occupancy permits for several businesses since that time. However, as the property has currently remained vacant for more than a year, any new land use requires full compliance with the parking demand requirements of the zoning ordinance. The current zoning ordinance requires that the floor area of the kitchen be taken into consideration to calculate the parking requirement on the property. The proposed restaurant and bar (main floor only), the outdoor seating area and the downstairs office have a combined parking demand of 100 parking stalls. Currently, 112 parking stalls are available on site. However, in the future, if the lower level is to be used for the banquet facility and piano bar along with the restaurant on the main level an additional 39 parking stalls will need to be provided. The applicant proposes to bring the existing non-conforming parking lot into compliance to the greatest extent possible by removing some of the asphalt to provide for a six-foot vehicle use area interior setback and install the required landscape materials along the parking lot perimeter. However, the most northerly portion of the parking lot will remain at a zero foot setback, in order to provide the required twenty-two feet wide drive aisle and accommodate the maximum number of parking stalls. Therefore, the off street parking will be provided in conformance to the greatest extent possible 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 "Highway Commercial" in 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. The proposed land uses are in keeping with the objectives and policies of this comprehensive plan designation. I. Location, Design, and Operation Standard. The suitability of the subject property for 5 Recommendation & Findings of Fact Planning& Zoning Commission Petition 31-13 November 4, 2013 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. J. 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. This standard is not applicable as the subject property is not designated as a historic landmark nor is it located within a historic district. RECOMMENDATION DETAIL By a vote of seven (7) yes, zero (0) no, the Planning & Zoning Commission recommends the approval of Petition 31-13, subject to the following conditions: 1. Substantial conformance to the revised Statement of Purpose and Conformance, and Attachments, submitted by Mike Deol on behalf of D Hangout Bar and Grill, dated received October 29, 2013. 2. Substantial conformance to the Site Plan (Sheet A1.0) and Floor Plans (Sheet A2.0), dated October 3, 2013, last revised dated October 29, 2013, prepared by Group A Architecture. 3. Substantial conformance to the First Floor Layout Plan, Mike Deol on behalf of D Hangout Bar and Grill, dated received October 28, 2013. 4. The use of the lower level will be restricted to the office space and storage only, until such time that additional parking stalls are provided on the property. 5. The installation of the planting materials shall be completed no later than 24 months from the date of this conditional use approval. 6. Compliance with all applicable codes and ordinances. 6 Recommendation & Findings of Fact Planning& Zoning Commission Petition 31-13 November 4, 2013 Therefore, the motion to recommend approval of Petition 31-13 was adopted. s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/Dave Waden Dave Waden, Secretary Planning and Zoning Commission 7 ` x � e�4; ' rates ain : o Ta�c` . eat B er 'eY US 20E From=�Ylc _ a leetwoo oo 00 Sports P` a� pat fT .t , r G Subject Property Petition 31 -13 Legend OResidence Conservation 1 QResidence Conservation 2 Residence Conservation 3 Planned Residence Conservation J Single Family Residence 1 OSingle Family Residence 2 Planned Single Family Residence 2 Two Family Residence -Multiple Family Residence -Planned Multiple Family Residence Residence Business Planned Residential Business -Neighborhood Business -Planned Neighborhood Business -Area Business -Planned Area Business -Center City 1 -Center City 2 -Planned Center City -Office Research Industrial -Planned Office Research I ndustrial -General Industrial =Planned General Industrial -Commercial Industrial -Planned Community Facility -Community Facility -Fox River Preservation -Planned Center City 2 OPlanned Single Family Residence 1 Planned Two Family Residence MIT Zoning Map H W+E City of Elgin S Department of Community Development 0 10(200 400 600 800 Feet M i QJ� Fleetwood i Subject Property 550 S. McLean Blvd. Petition 31-13 j� 0622328004 i i XHBIIT C Parcel Map N City of Elgin Department of Community Development 0 20 40 80 120 160 Feet Pr SITE LOCATION EXHIBIT 550 South McLean Boulevard Petition 31-13 i Site Location Perspective View #1 Attachment D • � " r SITE LOCATION EXHIBIT 550 South McLean Boulevard Petition 31-13 Perspective View #2 Site Pictures 0