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G48-17 Ordinance No. G48-17 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (219 West Highland Avenue) WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 219 W. Highland Avenue; and WHEREAS, the zoning lot with the building containing the premises at 219 W. Highland Avenue is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the CC Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on October 2, 2017 following due notice by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 Center City 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 October 2, 2017, and the recommendations made by the Community Development Department and 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 for a commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 219 W. Highland Avenue and commonly identified by Kane County Property Identification Numbers (PINs)06-14- 406-001, 06-14-406-002, 06-14-406-003, and 06-14-406-004, and legally described as follows: PARCEL ONE: LOTS 9 AND 10 AND PART OF LOTS 7 & 8 IN BLOCK 29 OF WILLIAM C. KIMBALL'S PLAT OF ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK: THENCE SOUTHERLY ALONG THE EAST LINE OF SAID BLOCK, 132 FEET TO THE SOUTHEAST CORNER OF LOT 10; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 10 AND 7 TO THE FORMERLY EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, BEING THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID LOTS 7 & 8; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTH LINE OF SAID BLOCK 29; THENCE EAST ON SAID NORTH LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF LOTS 5 & 6 IN BLOCK 29 OF THE ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 5, 69 1/2 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 5; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 5, 27 '/2 FEET TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY 66 FEET TO THE NORTHERLY LINE OF LOT 5; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, 10 FEET; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY 17 FEET TO THE SOUTH LINE OF LANDS CONVEYED TO THE BORDEN COMPANY BY WARRANTY DEEDS RECORDED JANUARY 10, 1940, AS DOCUMENT 448001; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF LANDS SO CONVEYED TO THE BORDEN COMPANY TO A POINT 69 '/2 FEET WESTERLY FROM THE EAST LINE OF LOTS 5 & 6; THENCE SOUTHERLY TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF LOT 6 IN BLOCK 29 OF THE ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF FOX RIVER,DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF LOT 5 IN SAID BLOCK 29, 69 '/2, WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 5: THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOTS 5 & 6 , 83.20 FEET FOR THE POINT OF BEGINNING: THENCE CONTINUING NORTHERLY ON A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 6, 48.80 FEET TO THE NORTHERLY LINE OF SAID LOT 6, THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, 37 '/2 FEET MORE OR LESS TO THE 2 FORMERLY EASTERLY LINE OF THE RIGHT OF WAY FOR THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY, 49 FEET; THENCE EASTERLY TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF LOTS 1, 6, 7 & 8 IN BLOCK 29 OF THE ORIGINAL TOWN OF ELGIN , ON THE WEST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE 1 FOOT WESTERLY FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 63.75 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOTS 1 AND 8, A DISTANCE OF 4.68 FEET TO THE EASTERLY FACE OF AN EXISTING RETAINING WALL; THENCE SOUTHEASTERLY ALONG THE EASTERLY PACE OF SAID RETAINING WALL 38.8 FEET TO A POINT 13 FEET EASTERLY, AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID LOT7 THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 7, A DISTANCE OF 32.5 FEET TO THE NORTHERLY LINE OF SAID LOT 6; THENCE CONTINUING SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF 49 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 12 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF 49 FEET TO THE NORTHERLY LINE OF SAID LOT 6; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6,A DISTANCE OF 5 FEET TO A POINT 20 FEET EASTERLY, AT RIGHT ANGLE, FROM THE WESTERLY LINE OF SAID LOT 7 & 8, A DISTANCE OF 184.1 FEET MORE OR LESS TO THE NORTHERLY LINE OF SAID LOT 8; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 8 A DISTANCE OF 21 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Frida's Party Room and Kurt Kresmery, as applicants, and Kurt Kresmery, as property owner, received July 28, 2017 and supporting documents including: a. Undated letter titled "Frida's Party Room", received July 28, 2017; b. Undated First Floor Plan, Existing Conditions, prepared by Silva Architects, dated July 25, 2017; c. Undated First Floor Plan — 3,387 S.F. (Including Area I1), prepared by Silva Architects, dated September 20, 2017; and d. Plat of Survey, prepared by Zarko Sekerez and Associates, dated February 16, 1995; 3 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. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs; f. Conferences, Conventions, and/or Seminars; g. Colloquiums; h. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; i. Corporate and/or Non-profit Events; j. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: k. Exhibitions, including but not limited to Art Shows; 1. Expositions; m. Fairs and/or Festivals; n. Fundraisers; o. Galas; p. Gallery Displays, including but not limited to works of art, either temporary or permanent; q. Live Performances, Readings, and/or Plays; r. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; s. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; t. Networking Events; u. Plenary or General Sessions; v. Political Events; w. Press Conferences; x. Product Launch Events; y. Receptions; z. Retreats and Tam Buildings Events; aa. Social Events; bb. Symposiums; cc. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; dd. Wine and/or Food Tastings; and ee. 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 or from an off-site establishment, subject to 4 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 or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4. 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. No amplified sound is permitted from the courtyard, including music. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 "Noise" of the Elgin Municipal Code, 1976 as amended. 5. The above assembly uses are authorized for only the indoor tenant space and the courtyard located immediately south and adjacent to the tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and that the temporary use permit does not prevent parking in the on-site parking lot for commercial event attendees. The applicant is subject to all temporary use provisions including but not limited to the number and duration and requirement for separate permit for each outdoors event. 6. All exterior street graphics must comply with the zoning ordinance requirements. 7. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. K ptain, ayor Presented: November 15, 2017 Passed: November 15, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 15, 2017 Published: November 17, 2017 J-�` A�gSflUMlpl� ZAtteF ;_ r imberly Dewis, ' Clerk 5 EXHIBIT A October 2, 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 17-17, an application by Frida's Party Room and Kurt Kresmery, as applicants, and Kurt Kresmery, as property owner, requesting approval of a conditional use to establish a commercial event space for activities pertaining to assembly of people at the property located at 219 W. Highland Ave, zoned CC1 Center City District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 17-17 Requested Action: Approval of a Conditional Use Current Zoning: CC 1 Center City District &ARC Arterial Road Corridor Overlay District Existing Use: Vacant Proposed Use: Commercial event space for activities pertaining to ass mbly of people Property Location: 219 W. Highland Avenue Applicant: Frida's Party Room and Kurt Kresmery Owner: Kurt Kresmery Staff Coordinator: Damir Latinovic, AICP, Senior Planner Recommendation & Findings of Fact Petition 17-17 October 2, 2017 LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location F. Development Application and Attachments G. Draft Conditional Use Ordinance BACKGROUND The subject property is located at the southwest corner of N. State Street and W. Highland Avenue. The 39,177-square foot property is improved with a four-story commercial building (18 N. State Street), a one-story commercial building (219 W. Highland Avenue), and a surface parking lot with 22 parking spaces and six loading docks. The surface parking lot is accessible from W. Highland Avenue, while the rear of the building includes an access driveway from W. Chicago Street. Pedestrian access is available along W. Highland Avenue, N. State Street and W. Chicago Street. The property is adjacent to the Union Pacific railroad embankment on the west side. The four-story building is partially occupied with three cabinet-making contractor's offices and warehouse uses, and one professional office use. The one-story commercial building at 219 W. Highland Avenue is currently vacant. The one-story building was constructed in 1853 and was originally used as a stable for a local hotel. Most recently,the building was occupied by an antique store. The applicant is proposing to occupy the vacant approximately 3,387-square foot one-story commercial building at 219 W. Highland Avenue, and operate a commercial event space for various types of events: birthday parties, first communions, weddings, etc. The applicant is proposing to make only minor interior improvements to install one additional urinal in the men's restroom to meet the building code requirements.No exterior changes to the building are proposed. Any new building signs will have to meet the sign ordinance requirements. The proposed facility will be open seven days a week from 5:00 pm to midnight. All events at the facility will be invite-only private events and will not exceed the maximum capacity of 100 people. The applicant will lease the facility for various events and provide only tables and chairs if so desired by the lessees of the space. There is no commercial kitchen on the property, and the applicant will not provide any food and liquor of their own. However, the lessees of the space for each individual event will be allowed to bring and serve their own food, drinks, and alcohol, or have the events catered. The applicant will have to obtain the Class S liquor license(the same type of license held by the Height facility)which allows the lessees of the space to bring and serve their own alcohol subject to certain liquor license requirements, which among other things include service of food, proper insurance, and service by BASSET trained servers. At least one member of the applicant's staff will be present on site during all events. - 2 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 rim�•^'"- _ c"�•"r • Tti�-! _ ate. I I Figure 1: 219 W. Highland Avenue—Front Elevation The property includes a small 1092-square-foot courtyard immediately south of the 219 W. Highland Avenue building that the grant of the conditional use would allow to be used in conjunction with the events in the building. That being said, staff is recommending that no amplified sound be permitted from the courtyard, including music. While music will be permitted on the interior of the commercial event space, the applicant must comply with Chapter 10.30 "Noise"of the Elgin Municipal Code, 1976 as amended. The property is zoned CC Center City District and as such is not required to provide any on-site parking. The existing on-site parking lot with 22 parking spaces will be available for all commercial events. The on-site parking lot is used by other building tenants during their hours of operation 7:00 am— 3:30 pm, but is largely vacant after 5:00 pm when the proposed commercial events facility will be open. In addition, the event attendees will have access to the city-owned parking lot located across the street at the northwest corner of N. State Street and W. Highland Avenue. The 51-space city-owned parking lot is primarily used by the Metra commuters during the day. The parking lot is predominantly vacant in the evening and overnight hours. Staff is also recommending a condition that prohibits the use of the on-site parking lot as additional space associated with an event, including the issuance of a temporary use permit. The limited amount of on-site parking should be first available to event attendees with additional parking need accommodated within the city parking lot across the street. - 3 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 The proposed commercial event space for activities pertaining to assembly of people is listed as a conditional use in the CC 1 Center City District, requiring the review and 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 part of the original town of Elgin subdivision. The property was originally zoned F-Industrial District in 1927. In 1962, the property was rezoned to B-3 Service Business District, and in 1992, the property was rezoned to CC1 Center City District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The one-story building was constructed in 1853 and was originally used as a stable for a local hotel.The subject property and surrounding properties were primarily developed with industrial uses in the early 20`' century. The property is located on the west edge of the traditional downtown in an area that over time developed into a mix of office, retail and industrial uses. Currently, the four-story building at 18 N. State Street is partially occupied with three cabinet-making contractor's offices and warehouse uses, and one professional office use. The subject one-story building facing W. Highland Avenue is currently vacant. In 2003, the property received approval of a conditional use for a planned development (Ordinance No. G1-03)that expanded the list of allowable uses on the property from what is typically allowed in the CC 1 district. That planned development allowed such uses as medical and dental laboratories, contractor's offices, and light manufacturing uses, among others. B. Surrounding Land Use and Zoning. All properties to the north, south, east and west are also zoned CC 1 Center City District. The properties to the north across W. Highland Avenue are improved with a city-owned public parking lot (northwest corner of N. State Street and W. Highland Avenue), and one two-story residential duplex building (220-222 W. Highland Avenue). The properties to the east across N. State Street, and those adjacent to the south along N. State Street are improved with a mix of two- and three-story mixed- use commercial buildings occupied with a variety of commercial and office uses. The property is adjacent to the Union Pacific railroad embankment along the west property line. C. Comprehensive Plan.The subject property is located on the west end of Downtown Elgin 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, 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 - 4 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 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 larger parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. 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+ du/ac), employment, education, 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. Buildings and structures of historic or architectural value are maintained in active service, where feasible. D. Zoning District. The purpose of the CC1 Center City District is to facilitate the implementation of the official comprehensive plan for the city center, as focused on a distinctive subarea of the city with a common urban fabric. The CC 1 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 property is located on the west edge of the traditional downtown in an area that over time developed into a mix of office, retail and industrial uses. The multi-story mixed-use buildings are still prominent in the area. There has been no new development in the area in recent years. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 17-17 on October 2, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings & Recommendation to the Planning & Zoning Commission dated October 2, 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 of the zoning ordinance: - 5 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 STANDARDS FOR CONDITIONAL USE 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 proposed use will occupy the vacant one-story approximately 3,387-square foot commercial building facing W. Highland Avenue. The existing building is located adjacent to the railroad embankment on the west side of the property, and was constructed up to the front property line along W. Highland Avenue.The commercial space includes a small courtyard in rear of the building. The applicant is not proposing to make any exterior changes to the building or the site. The proposed commercial events will be restricted to the interior of the one-story building and the adjacent courtyard in rear. The existing building can adequately serve the proposed use. There are no significant features including topography, watercourses, or vegetation that will have a negative impact on 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 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. The access to the property is located along W. Highland Avenue. The property includes a parking lot with 22 parking spaces and six loading docks, and maintains a safe and efficient on-site and off-site vehicular circulation. The zoning ordinance does not require off-street parking to be provided by any land use within the CC 1 district. The commercial events will not overlap with the business activities of the other tenants in the building. The event space will operate from 5:00 pm to 12:00 am - 6 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 Monday through Sunday, while all other tenants in the building are open 7:00 am- 3:30 pm. The employees and attendees of the events will have access to all 22 parking spaces on site and 51 parking spaces in the free public parking lot across the street. 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 applicant is not proposing any exterior changes to the building. All commercial event activities will be conducted on the interior of the building and the small courtyard in rear of the building. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. Staff is recommending that no amplified sound be permitted from the courtyard, including music. While music will be permitted on the interior of the commercial event space, the applicant must comply with Chapter 10.30 "Noise" of the Elgin Municipal Code, 1976 as amended. The proposed establishment will add to the vibrancy of the area by filling an existing vacant space and contribute to the diversity of uses in the downtown west of Fox River. 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. That being said, the building was built in 1853 as a stable for a local hotel and maintains its historic character. The proposal does not undermine the historic nature of the building, and the only exterior change will be signage conforming to the zoning ordinance. RECONBIENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 17-17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Frida's Party Room and Kurt Kresmery, as applicants, and Kurt Kresmery, as property owner, received July 28, 2017 and supporting documents including: - 7 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 a. Undated letter titled "Frida's Party Room", received July 28, 2017; b. Undated Event Rental Agreement, received September 21, 2017; c. Undated Freda's Party Room Venue Rules and Regulations, received September 21, 2017; d. Undated First Floor Plan, Existing Conditions, prepared by Silva Architects, dated July 25, 2017; e. Undated First Floor Plan—3,387 S.F. (Including Area II), prepared by Silva Architects, dated September 20, 2017; and f. Plat of Survey, prepared by Zarko Sekerez and Associates, dated February 16, 1995; 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. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session, and/or Round-Table Discussions; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs; f. Conferences, Conventions, and/or Seminars; g. Colloquiums; h. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; i. Corporate and/or Non-profit Events; j. Design and Creative Workshops, such as Calligraphy,Art, Pottery, and/or Painting Classes: k. Exhibitions, including but not limited to Art Shows; 1. Expositions; m. Fairs and/or Festivals; n. Fundraisers; o. Galas; p. Gallery Displays, including but not limited to works of art, either temporary or permanent; q. Live Performances, Readings, and/or Plays; r. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; s. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; t. Networking Events; u. Plenary or General Sessions; - 8 - Recommendation & Findings of Fact Petition 17-17 October 2, 2017 v. Political Events; w. Press Conferences; x. Product Launch Events; y. Receptions; z. Retreats and Tam Buildings Events; aa. Social Events; bb. Symposiums; cc. Wedding Ceremonies&Receptions,including but not limited to rational weddings, elopements, and/or civil unions; dd. Wine and/or Food Tastings; and ee. 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 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 or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4. 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.No amplified sound is permitted from the courtyard, including music. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 "Noise"of the Elgin Municipal Code, 1976 as amended. 5. The above assembly uses are authorized for only the indoor tenant space and the courtyard located immediately south and adjacent to the tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use,provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and that the temporary use permit does not prevent parking in the on-site parking lot for commercial event attendees. The applicant is subject to all temporary use provisions including but not limited to the number and duration and requirement for separate permit for each outdoors event. 6. All exterior street graphics must comply with the zoning ordinance requirements. 7. Compliance with all applicable codes and ordinances. - 9 - Recommendation & Findings of Fact Petition 17-17 October 2, 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 six (6) yes, zero (0)no, and zero (0) abstentions. One member was absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning& Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning&Zoning Commission - 10 - s ,ter/. OJ ���. s��. �.. � t`�•..; ;. ;.�� �+�� e `i 1 �� J{Cy' {'Sx 1�• •cry ! �3y'�\ ,, i '^"r prop Wl M �J/ + \a :\ ` i.i•L �' t \' c,�� ° Jam, �v •,���'�;� ��'v Iti o kN ��'",.�v,+ '�'a� .,fit �'� '� } _`~ •'+.��.. ,c.. v _ ,,,ti _ .b o \\. o ..LY ,f('.�'� �`, r r- �' ' 4��' � °.,Qom. - � ••x ~.a�b.'+4"� z 12p Feet 4 ANtb 0 7r ;; NP EXH�g�T P (epated by mun �9Deve\oPR`ent Voi Depa meet 01 Co t x rte' Subject Property Pcc . Petition 17-17 cc2 N ' - =:. CCZ FRB) C } ,r C F Legend ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 RC3 ':- OPRC Planned Residence Conservation -R O SFR1 Single Family Residence 1 O PSFR7 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 OTRF Two Family Residence '"- QPTRF Planned Two Family Residence O MFR Multiple Family Residence § r O PMFR Planned Multiple Family Residence c . ORB Residence Business yN�St OPRB Planned Residential Business Q NB Neighborhood Business V OPNB Planned Neighborhood Business ®AB Area Business CF ©PAB Planned Area Business ®CC1 Center City 1 ®CC2 Center City 2 PMFR ®PCC Planned Center City O ORI Office Research Industrial ;- OPORI Planned Office Research Industrial as ,� ®GI General Industrial ©PGI Planned General Industrial Cl Commercial Industrial ; r J PCF r CFi RC3 OCF Community Facility OPCF Planned Community Facility s; EXHIBIT Zoning Map N W+E S Map prepared by City of Elgin 0 70 140 280 420 560 Department of Community Development i Feet I Subject Property 219 W. Highland Ave. Petition 17-17 e Nrr 0614406002 00 "sr 3rO 60 ,01 0614406003 O 64 � C, Ao s U, calf �i �L tO EXHBIIT C Parcel Map N A City of Elgin 0 12.5 25 50 75 100 Department of Community Development Feet EXHIBIT D SITE LOCATION 219 W. Highland Avenue Petition 17-17 Subject Property e A70 Jj- v 3D Aerial View from the South 1 to t til, Subject Property 3D Aerial View from the North 7 s-r � � !` r y. `� Sa "fix� '�n j i���3�3v�`��•f,�,. i 1 � ;''PgE;� ME 3v .-�w�`�v- r•ey,�,N .;,fl�,l jar r � �. � -. ���: - U�yf iv illilliq fit- �. f �}k�.�°R� � r•:^ g Wit, S ..' _� 0 4 > � ��, _ � �'�t ✓M14 l.. 1 ?�- =C.y� �S „may� � _ -'� _ /tip__��►, 'g��_- �p ` �, ,� i w • EXHIBIT SITE LOCATION 219 W. Highland Avenue Petition 17-17 � t 1 �I �� f i:,:gt:T^--.� '"��'`�r'-C'L •_C�,v+..,Kr'.yi-k�.:L-w�.�.�.-:a � �� '„ - M a. i ..- �.` _ t Rear of Property Access to Chicago Street :77777-77--7 On-site Parking Lot