G11-19 Ordinance No. G11-19
AN ORDINANCE
AMENDING ORDINANCE NO. G3-18 WHICH ESTABLISHED A COMMERCIAL FOOD
HALL AND TAPROOM INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1
CENTER CITY DISTRICT
(51 South Grove Avenue)
WHEREAS,written application has been requesting an amendment to Ordinance No. G3-
18 which granted a conditional use to establish a commercial food hall and taproom involving
various assemblies of people in the CC 1 Center City District at 51 South Grove Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 51 South Grove
Avenue is legally described in Section 2 of Ordinance No. G3-18 (the"Subject Property"); and
WHEREAS,the application requesting an amendment to Ordinance G3-18,pertains to the
basement level of the Subject Property and seeks authorization to conduct certain live
performances or other like music or dance oriented events, as hereinafter described; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on February 4, 2019 following due notice including 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 an amendment
to Ordinance No. G3-18 which granted a conditional use to establish a commercial food hall and
taproom involving various assemblies of people in the CC 1 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 February 4, 2019, 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 Section 3. condition number 2. of Ordinance No. G3-18 is hereby
amended and replaced in its entirety to read as follows:
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, and Private Parties conducted on the First Floor, the
Mezzanine Level,and/or the Second Floor, such as Anniversaries,Birthdays,and/or
Bar Mitzvahs and Bat Mitzvahs, provided:
1. Said event is not advertised,
2. Said event is by private invitation only, and
3. No gate charge, cover charge, or other entrance fee or donation is required or
encouraged;
f. Celebrations, Soirees, and Private Parties conducted in the Basement, such as
Anniversaries, Birthdays, and/or Bar Mitzvahs and Bat Mitzvahs, subject to
conditions 9 through 13 of Section 3 of this amendment to Ordinance No. G3-18;
g. Conferences, Conventions, and/or Seminars;
h. Colloquiums;
i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
j. Cooking and Baking Classes;
k. Cooking Competitions;
1. Corporate and/or Non-profit Events;
m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting
Classes;
n. Exhibitions, including but not limited to Art Shows;
o. Expositions;
p. Fairs and/or Festivals;
q. Farm-to-table Meal Events;
r. Food Market;
s. Fundraisers;
t. Galas;
u. Gallery Displays, including but not limited to works of art, either temporary or
permanent;
v. Garners' Campaigns, Events, Meetings, and Tournaments;
w. Live Performances conducted on the First Floor, the Mezzanine Level, and/or the
Second Floor, such as readings and/or plays but expressly excluding as a principal
use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub
operations,events hosted by bands or deejays,or other like music-or dance-oriented
events;
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x. Live Performances conducted in the Basement, such as readings and/or plays,music
concerts, karaoke, ballrooms, dance halls, discotheques, events hosted by bands or
deejays, or other like music- or dance-oriented events, each without restrictions
regarding advertising,invitations,or gate,cover,or entrance charges or fees, subject
to conditions 9 through 13 of Section 3 of this amendment to Ordinance No. G3-18;
y. Meetings, including but not limited to Board, Business, Club, Public and/or
Shareholders Meetings;
z. Mind and Body Classes and Sessions, including but not limited to Mediation and/or
Yoga;
aa. Plenary or General Sessions;
bb. Political Events;
cc. Press Conferences;
dd. Product Launch Events;
ee. Receptions,provided no gate charge,cover charge,or other entrance fee or donation
is required or encouraged;
ff. Retreats and Team Buildings Events;
gg. Symposiums;
hh. Wedding Ceremonies & Receptions, including but not limited to traditional
weddings, elopements, and/or civil unions; and
ii. Wine and/or Food Tastings.
Section 3. That Section 3 of Ordinance No. G3-18 is hereby amended by deleting
condition number 6. in its entirety and the subsequent conditions shall be renumbered accordingly.
Section 4. That with respect to the basement level of the Subject Property only,Section
3 of Ordinance No. G3-18 is hereby further amended to include the following additional
conditions:
8. Substantial conformance to the Development Application submitted by Matthew Habib
of Munchies Gourmet, doing business as Legit Dogs and Ice, received January 10,
2019, and supporting documents including:
a. Statement of Purpose: Letter of Intent, prepared by Matthew Habib, dated January
10, 2019;
b. Statement of Purpose: Description,prepared by Matthew Habib, dated January 10,
2019;
c. Statement of Purpose: Conditions Requested to Amend, prepared by Matthew
Habib, dated January 10, 2019;
d. Undated "Basement: Legit Dogs and Ice Tier 1 Regular Operations" floor plan,
received January, 11, 2019, with such further revisions as required by the
Community Development Director;
e. Undated "Basement: Legit Dogs and Ice Tier 2" floor plan, received January, 11,
2019, with such further revisions as required by the Community Development
Director; and
3
f. Undated "Basement: Legit Dogs and Ice Tier 3" floor plan, received January, 11,
2019, with such further revisions as required by the Community Development
Director.
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.
9. Tier 2 and Tier 3 events shall conclude by midnight, except for those Tier 3 events
oriented around a specific holiday, such as New Year's Eve. All general admission
patrons shall have left the premises within 30 minutes of the conclusion of such events.
10. At the conclusion of any Tier 2 or Tier 3 event after 10 p.m. and where the attendance
exceeded 200 persons,an employee who is easily identifiable shall be positioned at the
exterior door to Grove Avenue, and that person shall take all reasonable measures to
discourage patrons leaving said event from loitering outside and otherwise disturbing
the peace and quiet enjoyment of adjacent property owners.
11. Exterior doors shall not be propped open during any Tier 2 or Tier 3 event when music
is being played or when amplified sound of any kind is being produced.
12. After 10 p.m., no music or amplified sound of any kind emanating from the basement
of 51 S. Grove shall be audible by a person standing on the sidewalk immediately in
front of Fountain Square, 50 S. Grove. This measurement shall not be taken during
intermittent times when the exterior doors to 51 S. Grove may be open.
13. There shall not be more than six (6) Tier 2 events per calendar month; there shall not
be more than two(2)Tier 3 events per month.The applicant is allowed three(3)months
in a calendar year in which he may have three (3) Tier 3 events.
14. Compliance with all applicable codes and ordinances.
Section 5. That except as amended herein, the use and development of Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G3-18. In the event of
any conflict between this ordinance, and Ordinance No. G3-18, this ordinance and associated
documents shall control and prevail.
Section 6. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
ji."7"
David J. Kapt. n, M dor
4
Presented: March 6, 2019
Passed: March 6, 2019
Vote: Yeas: 7 Nays: 0 Abstain: 1
Recorded: March 6, 2019
Published: March 7, 2019
Attest.
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EXHIBIT A
February 4, 2019
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 01-19, an application by
Matthew Habib of Munchies Gourmet, doing business as Legit Dogs and Ice, is requesting an •
amendment to a previous grant of conditional use by Ordinance No.G3-18 to permit celebrations,
soirees, private parties, and live performances, including music concerts, karaoke, ballrooms,
dance halls, discotheques, nightclub operations, events hosted by bands or deejays, and other like
music- and dance-oriented events, each without restrictions regarding advertising, invitations, or
gate, cover, or entrance charges or fees, and each only when conducted from within the basement
of the building located at the property commonly referred to as 51 S.Grove Avenue.The property
is zoned CCI Center City District.
GENERAL INFORMATION
Petition Number: 01-19 •
Property Location: 51 S. Grove Avenue
Requested Action: Amendment to Conditional Use Ordinance No. G3-18
Current Zoning: CC1 Center City District
Proposed Zoning: No change. CC1 Center City District
Existing Use: Commercial (restaurant/food hall with assembly space)
Proposed Use: No change.Commercial(restaurant/food hall with assembly space)
Applicant: Matthew Habib, Legit Dogs and Ice
Owner LV Management
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Marc Mylott,AICP, Director of Community Development
Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
G. Correspondence
H. Sound Test Results
BACKGROUND
Matthew Habib of Munchies Gourmet, doing business as Legit Dogs and Ice, is requesting an
amendment to a previous grant of conditional use by Ordinance No.G3-18 to permit celebrations,
soirees, private parties, and live performances, including music concerts, karaoke, ballrooms,
dance halls, discotheques, nightclub operations, events hosted by bands or deejays, and other like •
music- and dance-oriented events, each without restrictions regarding advertising, invitations, or
gate,cover, or entrance charges or fees, and each only when conducted from within the basement
of the building located at the property commonly referred to as 51 S. Grove Avenue.
The subject property,zoned CC 1 Center City District and located near the center of the traditional
downtown, is approximately 5,900 square feet. It is improved with an approximately 22,000 •
-
square foot,two-story brick building with a full basement and a mezzanine level between the first
and second floors. There is no vehicular access to the property. Pedestrian access is provided on
the west to S. Grove Avenue and on the north to the DuPage Court pedestrian street. Legit Dogs
is located in the basement tenant space of the building and is part of the Dream Hall food hall
concept.
In January 2018, the City granted conditional use approval for the Dream Hall — a food hall that
included a tap room with a permission to host a variety of different social events,such as banquets,
private parties, fundraisers, meetings, classes, and workshops, to name a few. The 2018 approval
did not allow any part of the building to be used solely as a music venue for concerts, bands,
deejays, and other similar music- or dance-related events. Small, ancillary musical performances
are permitted throughout the building, in so long as they are clearly incidental and for the benefit
of persons coming to the building for another reason, such as live background music performers
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Recommendation & Findings of Fact
Petition 01-19
February 4,2019
for a restaurant or live music or deejay performances part of wedding receptions.
Proposal
The applicant asks to amend the 2018 conditional use to be able to use the basement to host various
types of music events. The applicant is proposing to host generally four to six "small" events per
month(a small band, local comedian,poetry jam,karaoke, sport or school fundraiser,or other like
private event) and generally one to two "headline" events per month (a major band, large-scale
comedy show, or a holiday-oriented event, like New Year's Eve). All events may be advertised,
open to the general public, and/or require a cover charge or the purchase of a ticket. Food and
drinks would be available during the events.
The restaurant is currently open 11:00 a.m. to 9:00 p.m., Wednesday through Sunday. All events
at Legit Dogs would conclude by midnight(with the exception of holiday-related events, such as
New Year's Eve)and also allow an additional 30 minutes for patrons to disperse.
The applicant has submitted three different floor plans (Figure 2 below) for the restaurant
operations based on the type of event held in the restaurant.The Tier 1 floor plan shows the seating
arrangement during normal restaurant operations when no event takes place. The Tier 2 floor plan
shows the arrangement of the seating to accommodate a small event, such as a small band, local
comedian, poetry jam, etc. And the Tier 3 floor plan shows all seating removed for larger
"headline"events. The maximum occupancy of the restaurant under the Tier 3 plan is 346 people.
The existing egress components are adequate to support the maximum occupancy. The applicant
is not proposing any other changes to the restaurant operation,and nothing would change regarding
the first or second floors of the building or the exterior of the building.
Independent tests conducted by staff and by a sound expert retained by the city earlier this month
simulated concert-like conditions to determine the potential impact on the residences at the
Fountain Square building across the street. Each test took before-and-during measurements in the
basement, at the sidewalk in front of Dream Hall, and at the sidewalk in front of Fountain Square.
During the staff test, the concert simulation produced levels in the basement between 100-102
decibels (dBA) or the equivalent of standing next to a jack hammer. For other comparisons, a
normal TV at 10 feet away measures about 60 dBA; a passenger car at 30 feet measures between
60-80 dBA; traffic on a busy road at 30 feet measures between 80-90 dBA; operating a gas chain
saw measures 110 dBA; and a jet engine at 100 feet measures between 110-140 dBA (see
https://en.wikipedia.org/wiki/Sound pressure). When the music was off, the sound level in the
restaurant ranged from 69-71 dBA.
-3 -
Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
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Tier 1 Regular restaurant operations. Tier 2:Floor plan layout for"small"event. Tier 3:Floor plan for"headline"event.
Figure 2.Proposed floor plans for different type of events at Legit Dogs and Ice
Outside with the music on, measurements in front of the Dream Hall were between 56-59 dBA
with the door closed and 67-68 dBA when the door would open briefly. With the music off,
measurements were 54-55 dBA with the door closed, and they jumped to 64-66 dBA when an
airplane passed overheard.
Outside with the music on, measurements taken from the sidewalk across the street with the door
closed were consistently 52 dBA. With the music off,measurements from the sidewalk across the
street were the same— 52 dBA. From this location, sound levels increased to 65-69 dBA when a
1 car drove by.
Most importantly, no music could be heard when standing on the sidewalk in front of Fountain
Square.
The city also retained Richard Talaske — a national acoustics consultant with almost 50 years of
experience — to perform sound tests from similar locations in and around Legit Dogs. With the
music on, the consultant measured an average reading of about 93 dBs throughout the basement,
and about 56 dBA in front of Dream Hall with the door closed. A copy of Mr. Talaske's report is
attached to this packet.
At the sidewalk in front of Fountain Square,the consultant found that background noise prevented
their meter from establishing any definitive sound level from music at Legit Dogs. The consultant
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Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
concluded, "Our observation of sound at locations near the residential building [Fountain Square]
. . .resulted in no audible sound which could be designated to the nightclub facility[Legit Dogs]."
At the conclusion of any event expected to draw more than 200 persons,which would typically be
a Tier 3 event, Legit Dogs would station an employee at the Grove Avenue door to prevent
loitering. Standing-room occupancy of the basement is 346.
Prior to the public hearing before the Planning and Zoning Commission,the applicant sent a letter
to his neighbors, a copy of which is provided within this packet.
The property is located in the CC1 Center City District, and uses located in this zoning district are
not required to provide off-street parking. As such, no additional parking is required for the
proposed changes to the operations of Legit Dogs. Free, public parking is available across the
street in the surface parking behind/under Fountain Square and in the lot north of Fountain Square
(with access from Riverside Drive, 80 spaces available after 5:00 p.m.). The city has another free
parking lot approximately 350 feet south of the property at the northwest corner of S. Grove
Avenue and Prairie Street intersection. Also, free parking is available in the city-owned Spring
Street parking garage, one half block east and one block north. Finally, on-street parking along
Grove Avenue is free and without time limits during evening hours.
The Community Development Department offers the following additional informatidn:
A. Property History.The subject property was originally classified as E Commercial District
•
in the city's first zoning ordinance in 1927.In 1962,the property was rezoned to B2 Central
Business District. In 1992,the property was rezoned to CC1 Center City District as part of
the comprehensive amendment to the zoning ordinance.
The existing two-story brick building was constructed in 1937.Over the years,the building
has been used for a variety of general retail uses and restaurants. In January 2018,the City
granted conditional use approval for the Dream Hall—a food hall that included a tap room •
and permission to host a variety of different social events,such as banquets,private parties,
fundraisers, meetings, classes, and workshops, to name a few. Café Revive is currently
located on the first floor of Dream Hall, and Legit Dogs and Ice restaurant occupies the
basement.
B. Surrounding Land Use and Zoning. The subject property is zoned CC1 Center City
District, and is located near the center of the traditional downtown. All surrounding
properties to the north, south, east, and west are also zoned CC1 Center City'District. The
surrounding properties are a mix of two- to eight-story mixed-use buildings with ground-
floor commercial uses and upper-floor office or residential uses.
C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the
City's 2018 Comprehensive Plan. Elgin's historic Downtown contains mixed-use
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Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
structures featuring retail, restaurant, service uses, office, and residential uses. Mixed-use
structures contribute to an active street life and help foster a unique sense of place within
Elgin. A variety of uses should be encouraged throughout the Downtown and should be
located at or near the sidewalk with parking in the rear.
D. Zoning District. The purpose and intent of the CC 1 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 subject property is located within the traditional downtown
area that has historically been developed with a mix of commercial, retail, service,
restaurants, and residential uses. The most-recent new construction in the immediate area
was the completion of the first phase of Fountain Square in 2007. Further north, the City
participated in the restoration and adaptive reuse of the Tower Building,providing 44 loft-
style apartments at 100 E.Chicago Street. Businesses that have recently opened in the area
include Billy Bricks Wood Fired Pizza Cafe,Kubo Sushi and Sake Lounge,Jimmy John's,
and Café Revive and Legit Dogs and Ice within Dream Hall.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 01-19 on February 4, 2019. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Development Application Review and Written Findings & Recommendation to the Planning&
Zoning Commission dated February 4, 2019.
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:
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
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Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements. Legit Dogs and Ice occupies the basement tenant space within
Dream Hall. The existing, two-story, 22,000-square foot building occupies the entire
5,900-square foot property. No existing site features including topography, watercourses,
vegetation, and property improvements exist that would have a negative impact on the
proposed amendment to allow for the musical performances in the basement of Dream
Hall.
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 stormwater systems. The applicant is not proposing any changes to the
existing sewer and water utilities. The existing sewer and water 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 property has frontage on S. Grove Avenue and DuPage
Court with pedestrian access provided to both streets. In the 1970s, DuPage Court was
transformed into a pedestrian only plaza/mall. The property does not have an on-site
parking lot. •
The zoning ordinance does not require off-street parking to be provided by any land use
within the CC1 Center City District. Several free public parking lots and garages are
available in close proximity of the subject property.The closest free public parking lots are
located across the street — behind/under the Fountain Square condominium building and
north of the Fountain Square building but below grade (these below-grade, approximately •
80 spaces are available to the public after 5 p.m., Monday through Friday, and at all times
on weekends). The city has another free parking lot approximately 350 feet south of the
property at the northwest corner of S. Grove Avenue and Prairie Street intersection. Also,
free parking is available in the city-owned Spring Street parking garage,one half block east
and one block north. Finally, on-street parking along Grove Avenue is free and without
time limits during evening hours. The proposed use will not have any negative effect on •
the existing on-site and off-site traffic circulation.
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Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
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. All business activities will be conducted on the interior. The applicant •
is not proposing to make any exterior changes to first or second floors of the building or to
the exterior of the building. The proposed musical performances would be limited to the
basement tenant space of Dream Hall occupied by Legit Dogs and Ice, and the city has
conducted two sound tests that show that concert-like simulations are not audible from the
sidewalk across the street from the subject property.
During "headlined" events (Tier 3), the maximum, standing-room occupancy of the
restaurant would be 346 people. For typical restaurant operations (Tier 1), the maximum
occupancy is 123 people, and for small events,where some tables and chairs are removed
(Tier 2), the maximum occupancy is 174 people. The existing egress components are
adequate to support each occupancy level. 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.
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. The
property is, however,part of the Downtown Elgin Commercial National Register Historic
District. While no City or State regulations are associated with this designation, the •
applicant does not propose any changes to the exterior of the building.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend .
approval of Petition 01-19, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Matthew Habib of
Munchies Gourmet,doing business as Legit Dogs and Ice, received January 10,2019, and
supporting documents including:
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Recommendation & Findings of Fact
Petition 01-19
February 4, 2019
a. Statement of Purpose: Letter of Intent,prepared by Matthew Habib, dated January
10, 2019;
b. Statement of Purpose: Description,prepared by Matthew Habib, dated January 10,
2019;
c. Statement of Purpose: Conditions Requested to Amend, prepared by Matthew
Habib, dated January 10, 2019;
d. Undated "Basement: Legit Dogs and Ice Tier 1 Regular Operations" floor plan,
received January, 11, 2019, with such further revisions as required by the
Community Development Director;
e. Undated "Basement: Legit Dogs and Ice Tier 2" floor plan, received January, 11,
2019, with such further revisions as required by the Community Development
Director; and
f. Undated "Basement: Legit Dogs and Ice Tier 3" floor plan, received January, 11,
2019, with such further revisions as required by the Community Development
Director.
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. Tier 2 and Tier 3 events shall conclude by midnight,except for those Tier 3 events oriented
around a specific holiday, such as New Year's Eve. All general admission patrons shall
have left the premises within 30 minutes of the conclusion of such events.
3. At the conclusion of any Tier 2 or Tier 3 event after 10 p.m. and where the attendance
exceeded 200 persons, an employee who is easily identifiable shall be positioned at the
exterior door to Grove Avenue, and that person shall take all reasonable measures to
discourage patrons leaving said event from loitering outside and otherwise disturbing the
peace and quiet enjoyment of adjacent property owners.
4. Exterior doors shall not be propped open during any Tier 2 or Tier 3 event when music is
being played or when amplified sound of any kind is being produced.
5. After 10 p.m., no music or amplified sound of any kind emanating from the basement of
51 S. Grove shall be audible by a common person standing on the sidewalk immediately
in front of Fountain Square, 50 S. Grove. This measurement shall not be taken during
intermittent times when the exterior doors to 51 S. Grove may be open.
6. There shall not be more than six (6) Tier 2 events per calendar month; there shall not be
more than two (2) Tier 3 events per month. The applicant is allowed three (3)months in a
calendar year in which he may have three (3) Tier 3 events.
7. Compliance with all applicable codes and ordinances.
-9 -
Recommendation & Findings of Fact
Petition 01-19
February 4,2019
The vote of the Planning&Zoning Commission on the motion to recommend appro''al, subject to
the conditions outlined by the Community Development Department,was six(6)yes,zero(0)no,
and zero (0)abstentions. All members were present.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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EXHIBIT A Aerial/Location Map N
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Map prepared by City of Elgin 0 25 50 100 150 °Feet
Department of Community Development
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01 Highland Ave •
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Chicago St
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Subject Property
Petition 01 -19
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Legend
ORC1 Residence Conservation 1 DuPage Ct DuPage St
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Q RC2 Residence Conservation 2
QRC3 Residence Conservation 3
QPRC Planned Residence Conservation
O SFR1 Single Family Residence 1
PSFR1 Planned Single Family Residence 1 �@
SFR2 Single Family Residence 2 a@
O PSFR2 Planned Single Family Residence 2 Q
OTRF Two Family Residence
QPTRF Planned Two Family Residence
®MFR Multiple Family Residence
NKr PMFR Planned Multiple Family Residence
ORB Residence Business
®PRB Planned Residential Business
-NB Neighborhood Business
-PNB Planned Neighborhood Business Iggi
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial T^^
EllPORI Planned Office Research Industrial r"
-GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industrial
-CF Community Facility
-PCF Planned Community Facility '?.eMfkw
Fox River �i.�LLJClf P€C
EXHIBITS Zoning Map N
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Map prepared by City of Elgin 0 35 70 140 210 280
Department of Community Development Feet
Subject Property
DuPage Ct 51 S. Grove Ave DuPage St
Petition 01 -19
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EXHIBIT C Parcel Map N
City of Elgin 0 5 10 20 30 40
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
51 S. Grove Avenue
yyt� p� Petition 01-19
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Bird's Eye View Looking North
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Bird's Eye View Looking South
EXHIBIT D
SITE LOCATION
51 S. Grove Avenue
Petition 01-19
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West Elevation along S. Grove Ave
EXHIBIT D
SITE LOCATION
51 S. Grove Avenue
Petition 01-19
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DuPage Ct. Looking West