Loading...
HomeMy WebLinkAboutG32-82 Ar Ordinance No. G32-82 AN ORDINANCE GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT AT 970 VILLA STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an amusement establishment and restaurant at 970 Villa Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. 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 made by the Elgin Land Use Committee, a copy of which are attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an amusement establishment at 970 Villa Street, Elgin, Illinois, legally described as follows: That part of the North half of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North and South center line of said Section 19, 1695 feet South of the North line of said Section 19; thence South 36 degrees 11 minutes 11 seconds West 159.30 feet; thence South 53 degrees 48 minutes 49 seconds East parallel with the center line of Villa Street, also known as U.S. Route No. 20, a distance of 60.0 feet for the Place of Beginning. Thence South 36 degrees 11 minutes 11 seconds West perpendicular to said Villa Street, a distance of 320.0 feet to the center line of said Villa Street; thence South 53 degrees 48 minutes 49 seconds East along said center line 372.45 feet to a point that is on the Southerly extension of the Westerly right of way of a public street recorded in Cook County on June 3, 1971 as Document No. 21499006; thence North 31 degrees 09 minutes 33 seconds East along said Westerly right of way, a distance of 321.24 feet; thence North 53 degrees 48 minutes 49 seconds West, parallel with the center line of said Villa Street, a distance of 344.30 feet to the point of beginning, containing 2.633 acres more or less, in the City of Elgin, Hanover Township, Cook County, Illinois. be and is hereby granted subject to the following conditions: 1. The electronic game center activities shall not occupy more than 50% of the gross floor area of the existing structure or 2,250 square feet. The remaining area shall be occupied and main- tained as a restaurant, whichever is less. 2. The use shall be subject to the following operating rules and regulations: `` ( ` a. No loitering shall be permitted on the premises. \-\ b. No gambling on the outcome of games shall be per- mitted. c. No food or drinks shall be permitted in the game room area. d. No persons under the age of 16 years on the premises during school hours unless accompanied by a parent or legal guardian. For purposes of this condition school hours shall mean between the hours of 8:00 a.m. and 3:00 p.m. , Monday through Friday, from September 1 until June 15. e. Parking area shall be supervised by a professional security service. f. Adult staff shall be present on the premises during all hours of operation. g. Hours of operation shall be limited as follows: Monday through Thursday 11:00 a.m. - 12:00 a.m. Friday and Saturday 11:00 a.m. - 1:00 a.m. Sunday 12:00 p.m. - 12:00 a.m. 3. A landscaped curb island shall be installed within 60 days along the northerly property line of the subject property. 4. Parking lot shall be improved to include screening and land- scaping as required by applicable ordinances. 5. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Richard L. Verbic, Mayor Presented: May 13, 1982 Passed: Vote: Yeas Nays • Recorded: Published: Attest: Marie Yearman, City Clerk eigik April 5, 1982 FINDINGS OF FACT LAND USE COMMITTEE CITY OF ELGIN I . SUBJECT Consideration of Petition 3-82 Requesting a B-4 General Service District Special Use for a Restaurant/Electronic Game Center, property located at 970 Villa Street by Ms. Susan England. II . CONSIDERATIONS A petition has been filed by Ms. Susan England, that requests a B-4 special use for a restaurant/electronic game center. The subject property is located at 970 Villa Street. The petitioner proposes to use approximately 2500 square feet of the existing 4500 square foot struc- ture for the restaurant and the remaining 2000 square feet for the elec- tronic game center. III . FINDINGS AND RECOMMENDATION eft After due notice, as required by law, the Elgin Land Use Committee held a public hearing on the proposed special use on March 1 , 1982 and March 15, 1982. The petitioner testified at the hearing and presented documen- tary evidence. Objectors appeared at the hearing and written objections have been filed to the proposed special use. The Elgin Land Use Committee has made the following findings with respect to Petition 3-82. A. SITE CHARACTERISTICS: The subject property is approximately 2.5 acres. The property is improved with a commercial structure (formerly an automobile show room) and off-street parking facilities. B. ZONING HISTORY: 1927 B-Res. 1960 E-Comm. 1962 B-4 1950 E-Comm. 1961 E-Comm. Present B-4 C. SURROUNDING LAND USE AND ZONING: The area located north of the sub- ject property is zoned B-4 and developed with an automobile repair use. Various automobile related uses are located west and south of the subject property. These areas are also zoned B-4. (Continued) Ex . P\ • r • Findings of Fact (Findings and Recommendation Continued) Petition 3-82 April 5, 1982 page two Other significant land uses in the area of the subject property include the Parkwood II residential subdivision, Elgin High School , several mobile home parks, and a single family residential area located south of Villa Street. D. PUBLIC CONVENIENCE: The restaurant/electronic game center is deemed necessary for the public convenience at the proposed location in that the subject property is both essential and suitable for ful- filling a public function or requirement. Whether or not the subject property is essential for fulfilling the demand for the restaurant/electronic game center is largely a market decision. However, the subject property is suitable for the rest- aurant/electronic game center in that the existing commercial struc- ture lends itself to the proposed use and in that there is sufficient area for up to 100 off-street parking spaces versus the 52 required parking spaces. E. HEALTH, SAFETY, AND WELFARE: The restaurant/electronic game center will be so designed, located, and operated that the public health , safety, and welfare will be protected because of the conditions imposed on the special use and in that the traffic directly attrib- utable to the proposed restaurant/electronic game center falls well within the capacity of the existing street system. The proposed restaurant/electronic game center will have access to both Villa Street (Route 20) and Varsity Drive. These access points are located approximately 200 feet from the Villa/Varsity intersec- tion. Route 20 is a fully improved four lane state highway. Varsity Drive is a four lane city street. There is an existing stop sign on Varsity Drive at Villa Street. Route 20 has a design capacity of 14,000 vehicles per day. Current traffic volume on Route 20 at Varsity Drive is approximately 10,400 vehicles per day. This is a surplus capacity of 3,600 vehicles per day. The projected traffic volume for the restaurant/electronic game center is 738 vehicles per day, which leaves a surplus capacity for Route 20 of 2,863 vehicles per day. It should be further noted that the peak hours of the restaurant/ electronic game center do not coincide with the peak hours hours of Elgin High School and that traffic impact on residential streets adja- cent to Villa Street is not significant due to the fact that these e"' residential streets are not through-streets. (Continued) Findings of Fact (Findings and Recommendation Continued) elk Petition 3-82 April 5, 1982 page three The future signalization of the Villa Street/Varsity Drive inter- section is under the jurisdiction of the Illinois Department of Transportation and is based on the state's warrant system. It is the opinion of the Land Use Committee that the traffic directly attributable to the proposed restaurant/electronic game center falls well within the capacity of the existing street system. F. VALUE OF OTHER PROPERTY: The restaurant/electronic game center will not cause substantial injury to value of other property in the neigh- borhood in which it is located in that the subject property is located within an existing 6-4 district, in that there is adequate off-street parking, because of the conditions imposed on the special use and in that the traffic directly attributable to the proposed restaurant/electronic game center falls well within the capacity of the existing street system. G. ADDITIONAL CONDITIONS: The committee is of the opinion that the approval of the requested special use should be subject to the fol- lowing conditions: eft 1. The electronic game center portion of the use is not to exceed 50". of the gross floor area of the existing struc- ture or 2,250 square feet. The remaining square footage is to be given to the restaurant portion of the use. 2. Conformance to the following operating rules and regula- tions a. No loitering on or around the premises. b. No gambling on the outcome of games. c. No food or drink in the game room area. d. No persons under the age of 16 years on the premises during school hours. e. Smoking in designated areas only. f. A dress code ensuring proper attire. g. Parking area supervised by security services. h. Adult staff on the premises at all times. i. Maximum Hours of Operation eft Monday thru Thursday 11 :00 A.M. - 12:00 A.M. Friday and Saturday 11 :00 A.M. - 1:00 A.M. Sunday 12:00 P.M. - 12:00 A.M. (Continued) . . Findings of Fact (Findings and Recommendation Continued) Petition 3-82 '"" April 5, 1982 page four 3. Provision of a landscaped curb island along the northerly property line of the subject property. 4. Conformance to the city's screening and landscaping require- ments for the entire parking lot. 5. Compliance with all other applicable codes and ordinances. Accordingly, on a motion to recommend the approval of Petition 3-82, subject to the additional conditions, the vote was six (6) yes and zero (0) no. Therefore, the Land Use Committee recommends the approval of Petition 3-82. These Findings of Fact are an accurate representation of the consider- ations, findings, and recommendations of the Elgin Land Use Committee concerning Petition 3-82. eft A. Bell , Chairma in Land Use Committee 410Jerold T. Deering , Se tary Elgin Land Use Commi