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G17-17Ordinance No. G17 -17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (ALCOHOLIC BEVERAGES) IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (481 Bluff City Boulevard) WHEREAS, written application has been made requesting conditional use approval to establish a drinking place (alcoholic beverages) at 481 Bluff City Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 481 Bluff City Boulevard is legally described herein (the "Subject Property "); and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and a drinking place (alcoholic beverages) is listed as a conditional use within the NB Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 3, 2017 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 NB Neighborhood Business District pertains 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 April 3, 2017, 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 for a "drinking place (alcoholic beverages) (5813)" is hereby granted for the property commonly known as 481 Bluff City Boulevard and commonly identified by Kane County Property Identification Number (PIN) 06 -24- 453 -010, and legally described as follows: The East Half of Lot 1 in Block IV in Plat of William Redeker's Second Addition to Elgin, being a Subdivision of part of the Southeast Quarter of Section 24, Township 41, North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1891 as Document No. 37257, in the City of Elgin, Kane County, Illinois. Section 3. That the conditional uses for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: Substantial conformance to the Development Application submitted by Maria Ibarra, as applicant, and Robert Julien, as property owner, received February 17, 2017 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance prepared by La Tremenda 2, 481 Bluff City Boulevard Elgin IL 60120, received February 15, 2017; b. Plat of Survey, prepared by John D. Rebik & Associates, dated January 24, 2017; c. Undated General Plat Restaurant: La Tremenda 2 481 Bluff City Boulevard, received February 20,2017; d. Undated Basements plan, received February 20, 2017; e. Undated Store & Restaurant plan, received February 20, 2017; and f. Undated 2nd Story Apartments plan, received February 20, 2017. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. Davi J. Kaptai ay -2- Presented: May 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 11, 2017 Attest: < Kimberly Dewis, City k -3- April 3, 2017 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 05 -17, an application by Maria Ibarra, as applicant, and Robert Julien, as owner, requesting approval of a conditional use to establish a drinking place (alcoholic beverages) at the property located at 481 Bluff City Boulevard, zoned NB Neighborhood Business District. The conditional use would allow the applicant to serve alcoholic beverages at the existing restaurant, La Tremenda 2. GENERAL INFORMATION Petition Number: Requested Action: Approval of Conditional Use Current Zoning: NB Neighborhood Business District Existing Use: A 2.500 - square foot restaurant within a mixed -use building Proposed Use: Drinking place (alcoholic beverages) Property Location: 481 Bluff City Boulevard Applicant: Owner: Staff Coordinator: Damir Latinovic, AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial /Location Map B. Zoning Map C. Parcel Map Exhibit A Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 D. Site Location E. Development Application and Attachments F. Draft Conditional Use Ordinance BACKGROUND Maria Ibarra, as applicant, and Robert Julien, as property owner, are requesting conditional use approval to establish a drinking place (alcoholic beverages) as part of the existing La Tremenda 2 restaurant located at 481 Bluff City Boulevard. The applicant is seeking approval to be able to sell beer and wine to its customers. The 4,356- square foot property is located at the southwest comer of Bluff City Boulevard and St. Charles Street, and is improved with a two -story mixed -use commercial building and an accessory parking lot with eight parking spaces. The access to the parking lot is provided via a two -way driveway along Bluff City Boulevard. A second one -way driveway access to St. Charles Street is located south of the building. The existing La Tremenda 2 restaurant is a corner unit located on the ground floor of the building with frontage along both Bluff City Boulevard and St. Charles Street. One additional commercial unit, currently occupied by a bike shop retail store, is located in the western portion of the building's ground floor. Four one - bedroom residential units are located on the 2nd floor of the building. La Tremenda 2 restaurant, which opened in December of 2016, operates as a sit -down restaurant with limited carry-out and delivery services. The hours of operation are 7:00 am — 9:00 pm Monday — Friday, and 7:00 am — 8:00 pm Saturday and Sunday. The applicant is not proposing any changes to the building or the restaurant operation other than service of beer and wine. The subject property has been occupied by various types of restaurants since the early 1980s. The owner of the current La Tremenda 2 restaurant is the daughter of the former La Tremenda Taqueria restaurant owner who owned the restaurant on the subject property from 1987 to 2010. The restaurant was closed when the owner passed away. No previous restaurants on site served alcohol. Of the surrounding businesses, only the Old Towne Inn bar and restaurant, located one block to the west at 412 Bluff City Boulevard, currently serves alcoholic beverages. If the conditional use for a drinking place (alcoholic beverages) is approved, the applicant will have to apply for and obtain a liquor license to serve beer and wine. In addition, the applicant has indicated that if the zoning and liquor license approvals are granted, she will most likely seek approval to also install video gaming devices. In addition to separate State of Illinois requirements, the City also issues amusement license, and a separate business occupancy permit for video gaming devices. If the proposed video gaming devices are accessory to the restaurant use and occupy less than 10% of the restaurant floor area, no separate conditional use approval is required. If, however, -2- Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 the proposed video gaming devices occupy more than 10% of the floor area, they are classified as an additional principal use, or a component use, and a separate approval for a conditional use would be required. The applicant has indicated that she would seek only accessory use approval for the video gaming devices. The proposed drinking place (alcoholic beverages) use is listed as a conditional use in the NB Neighborhood Business District, and it requires a recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was subdivided and annexed to the City in 1891. In 1927, the property was zoned G Industrial District with the adoption of the first zoning ordinance. In 1962, the property was rezoned to B3 Service Business District. In 1992, the property was rezoned to its current zoning classification NB Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. The existing 5,500- square foot mixed -use building was constructed in 1932. The building has always been occupied in the same manner, with commercial uses occupying the ground floor, and residential use on the second floor of the building. A restaurant has been located in the subject commercial space at 481 Bluff City Boulevard since the early 1980s. B. Surrounding Land Use and Zoning. All surrounding properties to the north, south, east and west are also zoned NB Neighborhood Business District. The property to the north across Bluff City Boulevard is improved with a BP gas station and McDonald's restaurant. The property to the east across St. Charles Street is improved with a one story commercial building occupied by Boost Mobile retail store. The properties adjacent to the west and south are improved with single family residences. C. Comprehensive Plan. The subject property is designated as Community Mixed -Use Center by the City's 2005 Comprehensive Plan and Design Guidelines. Community Mixed -Use Centers provide focus, identity, and convenient goods and services, as well as some employment opportunities, for a number of surrounding neighborhoods in a larger trade area. The ideal community mixed -use center includes a total of 30 -100 acres of commercial, office, entertainment, medium density residential, and institutional uses accessed by arterial streets and transit service. The center should include parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off -street parking is limited, 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. Seating and shade along pedestrian routes promotes walking and informal gathering. -3- Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 D. 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 a NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. The proposed drinking place (alcoholic beverages) use, part of the existing La Tremenda 2 restaurant, is consistent with the purpose and intent of the NB Neighborhood Business District. E. Trend of Development. The subject property is located at the intersection of Bluff City Boulevard and St. Charles Street. The subject property and other surrounding properties adjacent to the intersection have been developed and occupied with commercial uses that provide services to the other uses in the area. Those uses include a mix of residential, light industrial and commercial uses. The applicant is not proposing any exterior changes to the building or the site. The applicant seeks approval to sell beer and wine to its customers, and thereby increase the amount of goods and services offered to the surrounding neighborhood. The proposal is consistent with the Comprehensive Plan's designation for a Neighborhood Community Center, the purpose and intent of the NB Neighborhood Business District, and the trend of development in the area. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 05 -17 on April 3, 2017. 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 April 3, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses 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 subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, and vegetation, and existing improvements. The applicant is not proposing any exterior changes to the building or the site. The existing building and site layout are similar and compatible to other developments in the vicinity of the intersection of Bluff City Boulevard and St. Charles Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 Street. A restaurant has been located on the subject property since the early 1980s. If the proposed conditional use is approved, it will not have a negative effect on the suitability of the property to accommodate the proposed use. 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 subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property and the subject commercial space are currently served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing water and sewer facilities can adequately serve the proposed use. 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. The subject property is suitable 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. Wbile the property does include an on -site accessory parking lot, it is nonconforming in respect to the parking requirement. The property, with four one- bedroom units, one commercial space and one restaurant space, is required to have a total of 49 off - street parking spaces, but only eight parking spaces currently exist. The property has, however, been improved and occupied in its current configuration since it was constructed in 1932. With its current configuration and tenant mix, the property has an efficient on -site vehicular circulation and does not contribute to off -site traffic congestion. If the proposed use is approved, staff does not anticipate any change in the property's suitability to maintain a safe and efficient on -site and off -site traffic circulation. 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 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. The property was developed as a mixed use building in what the current Comprehensive Plan designates for Community Mixed -use Center. The property has been used and operated in a matter that is consistent with the purpose and intent of the NB Neighborhood Business District, and Comprehensive Plan's designation for a Community Mixed -use Center. -5- Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 No evidence has been submitted or found that the proposed conditional use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. All activities will be conducted within the building. The hours of operation of the existing restaurant are consistent with those of other surrounding businesses, and will not change if the proposed conditional use is approved. E. 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. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 05 -17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Maria Ibarra, as applicant, and Robert Julien, as property owner, received February 17, 2017, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, prepared by La Tremenda 2, 481 Bluff City Elgin IL 60120, received February 15, 2017; b. Plat of Survey, prepared by John D. Rebik & Associates, dated January 24, 2017; c. Undated General Plat Restaurant: La Tremenda 2 481 Bluff City Boulevard, received February 20, 2017; d. Undated Basements plan, received February 20, 2017; e. Undated Store & Restaurant plan, received February 20, 2017; and f. Undated 2nd Story Apartments plan, received February 20, 2017 In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all applicable codes and ordinances. Recommendation & Findings of Fact Petition 05 -17 April 3, 2017 The vote of the Planning & Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was five (5) yes, zero (0) no, and zero (0) abstentions. Two members were absent. Respectfully Submitted, s/ Robert Siliestrom Robert Siljestrom, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission 7-