G23-16Ordinance No. G23 -16
AN ORDINANCE GRANTING
A CONDITIONAL USE TO ESTABLISH A COMMERCIAL RESTAURANT,
BANQUET AND RETAIL/EVENT SPACE INVOLVING VARIOUS
ASSEMBLIES OF PEOPLE IN THE CC CENTER CITY DISTRICT
(13 Douglas Avenue)
WHEREAS, written application has been made requesting conditional use approval to
establish a commercial space to host various restaurants, banquets, ceremonies, celebrations,
meetings, seminars, classes, exhibitions, retail sales and other like activities and events that involve
the assembly of persons within a portion of the building located at 13 Douglas Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 13 Douglas
Avenue comprises of the properties at 11 -13 Douglas Avenue, which lot is legally described herein
(the "Subject Property "); and
WHEREAS, the Subject Property is located within the CC Center City District and such
uses are listed as conditional uses within the CC 1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on March 7, 2016, following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the CC 1 Center City District pertain to the government and affairs of the city.
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 7, 2016, and the recommendations made by the Community Development
Department and 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 establish a commercial event space that involves
various assemblies of people within the tenant space at 13 Douglas Avenue, contained within the
zoning lot at I 1 -13 Douglas Avenue, commonly identified by Kane County Property Identification
Numbers (PIN) Numbers 06 -14- 284 -004 and 06 -14- 284 -016, is legally described as follows:
PARCEL ONE: THAT PART OF LOTS 3,4 AND 5 IN BLOCK 16 OF THE ORIGINAL
TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET; THENCE
EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5, 4 AND 3 TO THE
WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT
OF WAY LINE TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG
THE SOUTH LINE OF SAID LOTS 3,4 AND 5 TO THE POINT OF BEGINNING, IN
THE CITY OF ELGIN, KANE COUNTY. ILLINOIS.
PARCEL TWO: THAT PART OF LOTS 3,4 AND 5 IN BLOCK 16 OF THE ORIGINAL
TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET FOR THE
POINT OF BEGINNING; THENCE NORTH ALONG WEST LINE OF SAID LOT 5,
21.5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 5,4
AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND
NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG THE
WESTERLY RIGHT OF WAY TO A LINE DRAWN PARALLEL WITH THE
SOUTHERLY LINE OF SAID LOTS 5,4 AND 3 FROM THE POINT OF BEGINNING,
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
Permanent Index Number (PIN) 06 -14- 284 -016
PARCEL THREE: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF THE
ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 43.5 FEET FROM THE
POINT OF BEGINNING; THENCE EASTERLY PARALLEL WITH THE SOUTH
LINE OF LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE: OF THE
CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE
NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO A LINE
DRAWN PARALLEL WITH AND 66.5 FEET SOUTHERLY OF THE NORTHERLY
LINE OF SAID LOTS 5,4 AND 3 AS MEASURED ALONG THE WESTERLY LINE
OF SAID LOT 5; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE
WEST LINE OF SAID LOT 5, THENCE SOUTHERLY ALONG SAID WESTERLY
LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN. KANE COUNTY,
ILLINOIS.
Permanent Index Number (PIN) 06 -14- 284 -004
be and is hereby granted subject to the following conditions:
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Substantial conformance to the Development Application and Attachments, submitted
by PKE Enterprises, Inc., as applicant, and consisting of the following exhibits:
a. Statement Purpose prepared by PKE Enterprises, Inc dated January 5, 2016
b. Letter from I1 -17 Douglas Land Trust dated January 5, 2016 providing the
consent of the property owner
c. Tenant space floor plan submitted by PKE Enterprises, Inc dated January 5,
2016
d. Plat of Survey prepared by Gerald Sopha, Professional Surveyor dated
September 10, 2001.
In the event of any conflict between the foregoing documents and the provisions of this
ordinance or other applicable city ordinances, the provisions of this ordinance or other
applicable city ordinances shall supersede and control.
2. Assembly uses permitted by this grant of conditional use include:
Savory Cooking Classes
Cooking and Baking Classes
Wine tasting and Parings
Cooking competitions
Business Dinners, Breakout Sessions, and/or Round -Table Discussions;
Banquets (General);
Baby Showers and/or Bridal Showers;
Baptisms and/or Christenings;
Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and
Bat Mitzvahs);
Conferences, Conventions, and/or Seminars;
Colloquiums;
Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
Corporate and/or Non - profit Events;
Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting
Classes;
Exhibitions, including but not limited to Art Shows;
Expositions;
Fairs and/or Festivals;
Fundraisers;
Galas;
Gallery Displays, including but not limited to works of art, either temporary or
permanent;
Live Performances, Readings, and/or Plays;
Meetings, including but not limited to Board, Business, Public and/or Shareholders
Meetings;
Mind and Body Classes and Sessions, including but not limited to Meditation and/or
Yoga;
Networking Events;
Plenary or General Sessions;
Political Events;
Press Conferences;
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Product Launch Events;
Receptions;
Retreats and Team Building Events;
Social Events;
Symposiums;
Weddings Ceremonies & Receptions, including but not limited to traditional weddings,
elopements, and/or civil unions;
Other like assemblies of people.
3. Any event of an above assembly use may be catered, with food preparation and service
provided either by the applicant, a registered food service provider operating on a
temporary basis within the premises, or from an off -site establishment, subject to
compliance with applicable health and sanitation codes, ordinances, rules, and
regulations. Similarly, any event of an above assembly use may include the incidental
service of alcohol, with such service provided either by the applicant, a registered food
service provider operating on a temporary basis within the premises or from an off -site
establishment, subject to compliance with applicable health, sanitation, and liquor
codes, ordinances, rules, and regulations. Finally, any event of an above assembly use
may include the incidental playing of amplified live or recorded music, subject to
compliance with applicable noise codes, ordinances, rules, and regulations.
4. The above assembly uses are authorized for the indoor tenant space at 13 Douglas
Avenue as described within the associated application for conditional use.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
6. Compliance with all applicable codes and ordinances.
Section 3. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
Presented: April 27, 2016
Passed: April 27, 2016
Vote: Yeas: 7 Nays: 0 Abstain:
Recorded: April 27, 2016
Published: April 29, 2016
Attest:
Kimberly Dewis, City leri
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D. ..4 MAfor
March 7, 2016
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, ILLINOIS
SUBJECT
Recommendation and findings of fact for Petition 05 -16, an application by PKE Enterprises Inc.,
as applicant and 11 -17 Douglas Land Trust, as owner to establish a Restaurant and Banquet
Facility at the property located at 13 Douglas Avenue, located within the CC1 Center City
District.
GENERAL INFORMATION
Petition Number:
Requested Action: Approval of a Conditional Use
Current Zoning: CC 1 Center City District
Existing Use: Partially vacant, three story commercial building
Property Location: 13 Douglas Avenue
Applicant: PKE Enterprises, Inc., d/b /a "Local -yore"
Owner: 11 -17 Douglas Land Trust
Staff Coordinator: Sarosh Saber, AICP, Senior Planner
LIST OF EXHIBITS ATTACHED
A. Aerial /Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Development Application and Attachments
F. Draft Conditional Use Ordinance
Exhibit A
Findings of Fact
Petition 05 -16
March 7, 2016
BACKGROUND
PKE Enterprises, Inc., d/b /a "Local -Vore" requests conditional use approval to establish a
Restaurant and Banquet facility that will offer rental space for catering/restaurant /gallery /art and
performing arts and classes establishment within the 1 st floor of the building. The establishment
is proposed to be known as "Local- Vore" and will primarily be used as a "pop -up"
retail/restaurant space, where such uses will be conducted on a temporary basis as the need
arises. Changes to the interior will be carried out to accommodate the intended and uses, but no
structural changes to the building are proposed at this time.
The applicant describes a pop -up retail space as follows:
"A pop -up retail space is a venue that is temporary: the space could be a sample sale one day and
host a private cocktail party the next evening. The trend involves "popping up" one day, then
disappearing anywhere from one day to several weeks later. These shops, while small and
temporary, can build up interest by consumer exposure. Pop -up retail allows a company to create
a unique environment that engages their customers by generating a feeling of relevance and
interactivity. Pop- ups also allow entrepreneurs to test a business concept with a targeted area. In
this sense `Local -Yore was designed to serve as an entrepreneurial platform. Entrepreneurs far
and near [will] now have an opportunity to introduce and showcase their services; within a
community that has the infrastructure, support, traffic, and ability to help them grow. All
qualified pop -ups must see a value in the local community. "'
A number of the proposed land use components involve the assembly of people and are therefore
classified as conditional uses within the CC1 Center City District and as such require approval
through a public hearing process of the Planning & Zoning Commission and final approval of the
city council. Based on the configuration of seating within the space and the number of
conforming exit doors, the maximum occupant load for the space is 145 persons.
The only graphics proposed at this time is the company logo located on the door to the tenant
space. The existing sign band above the storefront is designed to accommodate wall signage.
Future signage within this frame will meet the requirements of the zoning ordinance.
The Community Development Department offers the following additional information
A. Zoning History. The subject property was originally platted in 1871 within the
Assessor's Subdivision of Part of Block 16 of James T Gifford's Plat of Elgin. The
property was classified as E Commercial District in 1927. The property was reclassified
to B2 Central Business District in 1962. In 1992, the property was classified within the
CC 1 Center City District as part of a comprehensive amendment to the zoning ordinance
and in 2000 it was included within the Center City Preservation Overlay Zoning District
to provide for the implementation of the Riverfront/Center City Master Plan.
The three -story building on the property was built in 1883. The subject tenant space is
currently vacant but has been set up and occupied by restaurant land uses since 2001. A
2
Findings of Fact
Petition 05 -16
March 7, 2016
restaurant currently occupies a portion of the basement level of the building, the second
floor is currently used for office space and the third floor is used as a residential dwelling
unit.
B. Surrounding Land Use and Zoning. The areas surrounding the subject property are
zoned CC Center City District and PCC Planned Center City District and are developed
with a mix of residential, office, commercial, and retail uses.
C. Comprehensive Plan. The subject property is designated as "Community Mixed Use" by
the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that,
"Community Mixed -Use Centers provide focus, identity, and convenient goods and
services, as well as some employment, for a number of surrounding neighborhoods in a
larger trade area. The ideal community mixed -use center should be between 30 -100 acres
of commercial, office, entertainment, medium density residential, and institutional uses
accessed by arterial streets and transit service. The center would have parcels and
buildings scaled to pedestrians, small enough to encourage parking once and walking to
more than one destination. Off - street parking is shared and on- street parking helps to
contribute to the intimate scale of well - functioning pedestrian environments. Parking
located between and behind buildings permits people to walk more safely and
comfortably between uses that front sidewalks rather than large parking lots.
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 plus 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.
D. 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.
E. Trend of Development. The subject property is located within an area that has
developed with a mix of commercial, retail, restaurants, and residential uses. The Elgin
Tower Building across the street is currently undergoing an adaptive reuse to residential
dwelling units. Phase 1 of the multi -story development known as "Fountain Square on
the River" was recently built and contains a number of retail /service land uses within its
street level storefronts and residential condominiums on the upper floors. Phase II of that
3
Findings of Fact
Petition 05 -16
March 7, 2016
project remains unbuilt and the land is currently used as a parking lot. Several businesses
have opened in the immediate area, including Chooch's Pizza, Elgin Books, Realty
World and Habitat for Humanity. Since 1991, over thirty -five buildings have partnered
with the city to restore their building facades using the city's Facade Improvement
Program.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 05 -16 on March 7, 2016. Testimony was presented at the
public hearing in support of the application. The Community Development Department
submitted a Conditional Use Review and Written Findings & Recommendation to the Planning
& Zoning Commission dated March 7, 2016.
The Community Development Department and the Planning & Zoning Commission have made
the following general findings against the standards for a conditional use as outlined within §
19.65.030:
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 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 part of a
zoning lot addressed as 11 -13 Douglas Avenue. The site is approximately 7,430 square
feet in land area (0.17 acre) and is improved with an approximately 1,880 square foot
three -story building. The building is constructed to the lot line on all sides. An adjacent
alley to the south and east provides access to the rear of the building.
The improvements on the property are characteristic of development within the center
city or core of downtown Elgin.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The conditional use meets the sewer and water standard as the subject
property is currently served by municipal water, sanitary sewer and storm water systems.
C. Traffic and Parking Standard. The suitability 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 of Fact
Petition 05 -16
March 7, 2016
Findings. The proposed use meets the traffic and parking standard. The property has
frontage on Douglas Avenue, which is a local street serving the various businesses and
amenities of downtown Elgin.
Primary access to the building is provided from Douglas Avenue through street level
entrances to the tenant space as well as through a common lobby space.
The zoning ordinance does not require off -street parking to be provided by any land use
within the CC district. However, it should be noted that public on -street parking is also
provided on Douglas Avenue and within the parking garage on Spring Street located
approximately 600 feet from the subject property and a municipal parking lot located
approximately 187 feet of the subject property.
D. 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 conditional use meets the location, design, and operation standard. 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 activities proposed within the tenant space will be conducted within normal business
hours allowed by the municipal code. Access to and from the office building is through
the main entrance off Douglas Avenue or through the front lobby.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an eficient 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 neither designated as a
local historic landmark nor is it located within a locally designated historic district.
However, it should be noted that the property along with those located within downtown
Elgin was recently listed in the National Register of Historic Places. No regulation
accompanies this designation.
RECOMMENDATION
The Community Development Department recommends approval of Petition 05 -16, subject to
conditions. The Planning & Zoning Commission concurs with the Community Development
Department and recommends approval of Petition 05 -16 subject to conditions. On a motion to
Findings of Fact
Petition 05 -16
March 7, 2016
recommend approval, subject to the conditions outlined by the Community Development
Department the vote was five (5) yes and zero (0) no. The conditions for approval voted on by
the Planning & Zoning Commission are:
Substantial conformance to the Development Application and Attachments, submitted by
PKE Enterprises, Inc., as applicant, and consisting of the following exhibits:
a. Statement Purpose prepared by PKE Enterprises, Inc dated January 5, 2016
b. Letter from 11 -17 Douglas Land Trust dated January 5, 2016 providing the
consent of the property owner
c. Tenant space floor plan submitted by PKE Enterprises, Inc dated January 5, 2016
d. Plat of Survey prepared by Gerald Sopha, Professional Surveyor dated September
10, 2001.
In the event of any conflict between the foregoing documents and the provisions of this
ordinance or other applicable city ordinances, the provisions of this ordinance or other
applicable city ordinances shall supersede and control.
2. The proposed land uses shall be restricted to the property at 13 Douglas Avenue.
3. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/ Robert Siliestrom
Robert Siljestrom, Chairman
Planning & Zoning Commission
s/ Sarosh Saher
Sarosh B. Saber, AICP, Secretary
Planning & Zoning Commission
1J
— XHIBITA Aerial /Location Map N
W+
s
Map prepared by City of Elgin o 25 so too tso 20 Feet
Department of Community Development
Legend
ORC1 Residence Conservation 1
ORC2 Residence Conservation 2
JRC3 Residenw ConsarvaGOn 3
PRC Planned Residence Conservation
O SFR1 Single Family Residence 1
O PSFR1 Planned Single Family Residence 1
O SFR2 Single Family Residence 2
PSFR2 Planned Single Family Residence 2
OTRF Taro Family Residence
OPTRF Planned Two Family Residence
O MFR Multiple Family Residence
O PMFR Planned Multiple Family Residence
ORB Residence Business
OFRS Planned Residential Business
- NB Neighborhood Business
- PNB Planned Neighborhood Business
- AS Area Business
- PAB Planned Area Business
- CC1 Center City 1
- CC2 Center City 2
- PCC Planned Center City
- ORI Office Research Industrial
- PORI Planned Off. Research Industrial
- GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industrial
- CF Community Facility
- PCF Planned Community Facility
_ FRP Fox River Preservation
WBIT B
Map prepared by City of Elgin
Department of Community Development
Zoning Map
Subject Property
Petition 05 -16
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0 55 110 220 330 440
Subject Property
13 Douglas Ave
Petition 05 -16
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City of Elgin 0 15 30 60 e6 120
Department of Community Development Feet
SITE LOCATION EXHIBIT: D
13 Douglas Avenue
Petition 05 -16
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Subject Property
View from West
SITE LOCATION EXHIBIT: D
13 Douglas Avenue
Petition 05 -16
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View of Property from
Douglas Avenue
Z -go Ga
View looking Southwest
from property
View of Tenant Space and
Main Entrance
View looking Northwest
from property