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HomeMy WebLinkAboutG17-84 j Ordinance No. G17-84 AN ORDINANCE AMENDING ORDINANCE NO. G25-81 TO PERMIT THE USE OF SOFT DRINK AND SNACK VENDING MACHINES WHEREAS, written application has been made to amend Ordinance No. G25-81 entitled "An Ordinance Reclassifying Property Located at 722-750 West Chicago Street, From M-1, Limited Manufacturing District, to the B-3, Service Busi- ness District, and Granting a Special Use for an Amusement Establishment" to permit the use of soft drink and snack vending machines on the premises; and WHEREAS, the Land Use Committee has conducted a public hearing follow- ing notice by publication as required by law, and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Elgin 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 is attached hereto and made a part hereof by reference. Section 2. That Section 3 of Ordinance No. G25-81 be and is hereby few amended to read as follows: "Section 3. That a special use for an amusement establishment be and is hereby granted subject to the following conditions: 1. The electronic game center is to be subject to the following operating rules and regulations: a. No loitering is to be permitted on the premises. b. No gambling on the outcome of games is to be permitted. c. No persons under the age of 18 years are to be permitted on the premises during school hours unless accompanied by a parent or legal guardian. For the purposes of this condition, school hours means between the hours of 8:00 A.M. and 3:00 P.M. , Monday through Friday, from September 1 to June 15, excluding official school holidays. d. Adult staff is to be present on the premises during all hours of operation. 2. A bicycle rack is to be installed. 3. Compliance with all other applicable codes and ordinances." ' ! �/ 1, / `� 1 Section 3. That all parts of Ordinance No. G25-81 in conflict with e"- this ordinance are repealed. Section 4. That, except as amended herein, Ordinance No. G25-81 remains in full force and effect. Section 5. 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: April 23, 1984 Passed: Vote: Yeas Nays Recorded: Published: Attest: Marie Yearman, City Clerk eft r March 19, 1984 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 10-84 Requesting an Amendment to Special Use Ordinance No. G25-81 , for an Electronic Game Center, property located at 728 West Chicago Street by Mr. Bruce Minus. II. CONSIDERATIONS A petition has been filed by Mr. Bruce Minus that requests an amendment to Special Use Ordinance No. G25-81 for an Electronic game center to allow the use of soft drink and snack vending machines on the premises. The subject property is located at 728 West Chicago Street (within the Big Oak Shopping Center). Ordinance No. G25-81 reclassified property located at 722-750 West Chicago Street from M-1 Limited Manufacturing District to B-3 Service Business District and granted a special use for an electronic game center, to the property located at 72: West Chicago Street. The special use was granted subject to its being con- ducted and operated in accordance with the rules and the operating regulations sub- mitted by the petitioner. This was the first successful request for a special use for an electronic game center and, as such, the operating rules and regulations became a model upon which subsequent applications have been based. Subsequent applications have been approved subject to what has become a standardized set of conditions. None of these conditions prohibits soft drink and snack vending machines on the premises. III. FINDINGS AND RECOMMENDATION After due notice, as required by law, the Land Use Committee held a public hear- ing on the proposed special use amendment on March 5, 1984. The petitioner testified at the hearing and presented documentary evidence. No objectors appeared and no written objection has been filed to the proposed special use amendment. The Land Use Committee has made the following findings with respect to the re- quested special use amendment: A. Site Characteristics: The subject property is located within an approxi- mately 40,000 square foot shopping center. The shopping center includes a multiple unit commercial structure and off-street parking facilities. (Continued) r Findings of Fact Petition 10-84 March 19. 1984 Page Two FINDINGS AND RECOMMENDATION (Continued) B. Zoning History: 1927 C-Ind. 1960 F-Ind. 1962 M-1 1950 F-Ind. 1961 F-Ind. Present B-3 C. Surrounding Land Use and Zoning: The subject property is located within a shopping center zoned B-3 and developed with various business activities. D. Public Convenience: The electronic game center is deemed acceptable for the public convenience at its present location and the permitting of soft drink and snack vending machines on the premises is consistent with what is allowed at other electronic games centers. E. Public Health, Safety and Welfare: The electronic game center will continue to be so designed, located, and operated that the public health, safety, and welfare will be protected because of the conditions to be imposed on the special use, and in that these conditions promote the use of the subject (n► property in a manner compatible with surrounding property. F. Value of Other Property: The electronic game center will not cause substan- tial injury to the value of other property in the neighborhood in which it is located because of the conditions to be imposed on the special use, and in that it is located within a shopping center which is within an existing B-3 district. 6. Additional Conditions: The committee's recommendation for approval is subject to the following conditions which are consistent with those imposed on the competing electronic game centers in Elgin: 1. The electronic game center is to be subject to the following operating rules and regulations: a. No loitering is to be permitted on the premises. b. No gambling on the outcome of games is to be permitted. c. No persons under the age of 18 years are to be permitted on the premises during school hours unless accompanied by a parent or legal guardian. For the purposes of this condition. school hours mans between the hours of B:O0 A.M. and 3:00 P.M., lbnday through Friday, from September 1 to June 15, excluding official school holidays. d. Adult staff is to be present on the premises during all hours of operation. (Continued) A Findings of Fact Petition 10-84 March 19, 1984 Page Three FINDINGS AND RECOMIENDATION 2. A bicycle rack is to be installed; and 3. Compliance with all other applicable codes and ordinances. Accordingly, on a motion to recommend approval of Petition 10-84, subject to the special use conditions, the vote was five (5) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 10-84. itoy a e , airman Land 1 e Committee Planning and Land Use Commission • r 76 GIOLLM.4 e .1d T. ' ring, cret L • Use Committee Planning and Land Use Commission r