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HomeMy WebLinkAboutG74-00 . • . Ordinance No. G74-00 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT AND TOBACCO STORE (221 East Chicago Street) WHEREAS, written application has been made for a conditional use for a carryout restaurant and tobacco store within the CC1 Center City District at 221 East Chicago Street; and WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 Zoning and ellik Subdivision Hearing Board, 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 carryout restaurant and tobacco store and legally described as follows : THE EAST 44 FEET OF LOT 2 IN BLOCK 11 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST OF FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 221 EAST CHICAGO STREET) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose, submitted by Roger Syzcmzak. 2 . Substantial conformance to the Interior Layout prepared by Roger Syzcmzak. 3 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. -6n? ,44,_/_ Ed Schock, Mayor Presented: November 29, 2000 Passed: November 29, 2000 Vote : Yeas 6 Nays 0 Recorded: November 30, 2000 Published: Attest : Dolonna Mecum, City Clerk low October 18, 2000 Findings of Fact Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 61-00 Requesting a Conditional Use for a Carry out Restaurant and Tobacco Store in the CC1Center City District; Property Located at 221 East Chicago Street by Roger Szymczak, as Applicant, and Patrick Sakolari, Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Intended Use: Carry out Restaurant and Tobacco Store (f Property Location: 221 East Chicago Street Applicant: Roger Szymczak Owner: Patrick Sakolari Staff Coordinator: Jennifer Becker LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Statement of Purpose and Conformance, submitted by (see attached) eik Robert Szymczak,undated Exhibit A • 4. Findings of Fact Zoning and Subdivision Hearing Board Petition 61-00 October 18, 2000 F. Site Plan and Interior Tenant Space Layout (see attached) G. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Robert Szymczak requesting a conditional use for a carry out restaurant and tobacco store in a CC1 Center City District. The subject property is located at 221 East Chicago Street (reference Exhibits A, B, C and D). The subject property is located within the CC1 Center City District. The subject property is also located with the CCP Center City Preservation District. This interim zoning overlay designation was approved in April 2000 to allow the City Council to individually review and consider proposals which may be inconsistent with the goals and policies of the Center City/Riverfront Plan. Several permitted uses within the CC 1 Center City District zoning classification were added to an expanded conditional use list to enable the Council to"condition"their approval based on acceptable operational,aesthetic, and design characteristics. Carry out restaurants and tobacco stores were origjnally included in the permitted use list of the CC 1 Center City District and were added to the expanded conditional use list in the Center City Preservation overlay zoning district. The applicant proposes to move his existing carry out restaurant and tobacco store, known as the Downtown Deli, from 165 East Chicago Street to 221 East Chicago Street. Accordingly, the applicant is requesting a conditional use to allow for the relocation of his business from one site to another within the CC 1 Center City District. The property located at 221 East Chicago Street is improved with a three story brick commercial structure. The property has been occupied by Carlson's Art Supply store, and, most recently,by a billiard hall. The applicant is proposing to relocate his existing carry out restaurant and tobacco store currently located at 165 East Chicago Street to expand into a 5500 square feet space at 221 East Chicago Street. The new location will allow for the expansion of both the carry out restaurant and the tobacco and magazine sales area. The applicant also proposes to add tables for sit down dining, a soda fountain and a cigar humidor to the new location(reference Exhibits E and F). -2- Findings of Fact Zoning and Subdivision Hearing Board Petition 61-00 October 18, 2000 GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 61-00 on October 18, 2000. The applicant testified at the public hearing and presented documentary evidence in support of the application. Neither proponents of nor objectors to the petition appeared at the public hearing. Written correspondence has not been submitted. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 E Commercial 1950 D Commercial 1960 D Commercial 1962 B2 Central Business District 1992 B2 Central Business District Present CC1 Center City District The subject property is also located within the CCP Center City Preservation District, an interim overlay district created by the City Council in April 2000. B. Surrounding Land Use and Zoning Findings. The subject property is located on East Chicago Street in the central part of the City. This area has developed with a mix of commercial, service and residential uses found within the CC1 Center City District and CCP Center City Preservation District permitted and conditional use lists. The properties located to the north across East Chicago Street have developed with a mix of uses including the YWCA of Elgin,the Spring Street Parking Deck, and a building with retail space on the first floor with four upper floor apartments. A retail floor covering store and seven upper floor apartments is located immediately east ofthe subject property. A restaurant is located immediately to the west of the subject property. C. Trend of Development Findings.The central portion of the City has developed with a mix of commercial, service and upper floor residential uses. -3- Findings of Fact Zoning and Subdivision Hearing Board Petition 61-00 October 18, 2000 _y1 D. Zoning District Findings. The purpose of the CC1 Center City District is to facilitate the implementation of the Official Comprehensive Plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric. The CC1 Center City District features more permissive site design regulations than the CC2 Center City District, but land use regulations are more restrictive. The purpose ofthe CCP Center City Preservation interim zoning overlay district is to provide the City Council with a tool to individually review and consider proposals which may be deemed to be inconsistent with the goals and policies ofthe Center City/Riverfront Plan. The consideration of the proposed uses on the subject site as conditional uses will grant greater control over the operation and design in keeping with the goals and policies of the Center City/Riverfront Plan. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size; shape; significant natural features including topography, watercourses, and vegetation;and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 8,412 square feet oflot area. The site is developed with a 16,500 square foot building which covers the entire lot.No significant natural features exist. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district amendment with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and stormwater control services. G. 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 traffic and parking standard. -4- 41) Findings of Fact Zoning and Subdivision Hearing Board Petition 61-00 October 18, 2000 Properties located within the CC1 Center City District are not required to provide off street parking. The Spring Street Parking Deck is located directly north ofthe subject property,and on street parking spaces are also located directly in front of the subject property along East Chicago Street. H. 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 ofthe zoning ordinance. The existing commercial structure is located within the traditional downtown which offers a range of commercial and service businesses to support the employees and residents of the Center City. The proposed relocation of an existing restaurant to an expanded space within the Center City is a suitable use for the subject property. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. The existing commercial structure is located within the traditional downtown which offers a range of commercial and service businesses to support the employees and residents of the Center City. The proposed relocation of an existing restaurant to an expanded space within the Center City is a suitable use for the subject property. The Downtown Deli (carry out restaurant and tobacco store) is consistent and compatible with the objectives and policies of the Riverfront/Center City Master Plan. B. Summary of Unresolved Issues. There are no unresolved issues. elk -5- Findings of Fact Zoning and Subdivision Hearing Board Petition 61-00 October 18, 2000 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 61-00, subject to the following conditions: 1. Substantial conformance to the Statement ofPurpose,submitted by Roger Szymczak. 2. Substantial conformance to the Interior Layout prepared by Roger Sy mczak. 3. Compliance with all other applicable codes and ordinances. On a motion to recommend approval of Petition 61-00,the vote was yes and no. Therefore,the motion to recommend approval of Petition 61-00 was adopted. jaapit Ralph Tiberi, Chairman Zoning and Subdivision Hearing Board Lauren Kieck, Secretary Zoning and Subdivision Hearing Board -6- 72 Higgins Rd Dundee Rd 1 uiu a z.* = !II !II o 06 7. d I m cos‘cl i ® , 1 0 a a Q w` , a1 c rt.- / .�° Northwest 'railway RO• v f SUBJECT PROPERTY Shoe Factory Ad i PETITION 61-00 / A) -J �m FCongdon Ave b o et WiR9 St Summit St T Golf Rd Q Z.' I Hd Ave 1 t Bode Rd liiii �` �t w Chicago St Rd elk a Larkin A`+® /,e ��.aumburB ea : Sr o).la • U.S_ 20 Bypass 1 tad: pd m 9liift City Blvd a ti 1 ■ ,j _ f Ea•��1{{e St ® °o a a 1 • `a a Bowes Rd Pal s – Kenyon R• •V • c G7 I % _ 9` z `n Hoflfls Rd x �,.SP ® • 'H Bartlett Rd 7 �o Middle St d.v • G+. ..I8 a° - — - ---— coat co_- —-- . --- OL ACE CO. 'O SP f c 1 a 'Stems Rd S' I LOCATION MAP / EXHIBIT A DEVELOPMENT SERVICES 4 CITY OF ELGIN Xr_ +Eat NI_�_� ► I I Li ST I �' f CXOR Pl_I ' . . ST. Ai[FR 444-1JIN ] ����s .JICF I I kJ1[i ;G lIl i S I I ADOtSON 'M Ei i . • CF 1 . ] f l �dtTNJ PHO 1' D �"' eRB- I r'J ( ST, iic. © L T: T . CT�J OW. �o i • 41sTlra ,L._ 0IV)S. 'I „ , - , F� r c I I►m-3mi1 we 41;Tv v . IE ® N , Igin.Ca\I I I ra1 E CC, • .R • I _ ii. s. . :_orkaill t • %,-1 Irx ./. fik ,,,, IL._ tildr 1 gg ST., 4 �� I aICF RI r I le ■111 Willi it k 1 it,,,‘,;.. .,,,,NrIh• Pk4,,, . __. „ .4iLic --;. ,,,, et 44 � : . ‘o, ... lib; Irm ini II SUBJECT PROPERTY PETITION 61-00 lith! • \y* &Mt -,7.1r 2 `•` ve• \. . , U v 1 • , II 111\ok kib C C2 'MERMAN lb. .1J. e ZONING MAP / EXHIBIT B 400 0 800 DEVELOPMENT SERVICES 1 1 CITY OF ELGIN SCALE IN FEET (scale is approximate) LEGEND RESIDENCE DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS • SFR1 SINGLE FAMILY RESIDENCE 1 RB RESIDENCE BUSINESS ORI OFFICE RESEARCH INDUSTRIAL SFR2 SINGLE FAMILY RESIDENCE 2 NB NEIGHBORHOOD BUSINESS GI GENERAL INDUSTRIAL TFR TWO FAMILY RESIDENCE AB AREA BUSINESS CI COMMERCIAL INDUSTRIAL MFR MULTIPLE FAMILY RESIDENCE CC1 CENTER CITY 1 PORI PLANNED OFFICE RESEARCH PSFRI PLANNED SINGLE FAMLY RESIDENCE 1 Cc2 CENTER CITY 2 INDUSTRIAL PSFR2 PLANNED SINGLE FAMLY RESIDENCE 2 PRB PLANNED RESIDENCE BUSINESS PGI PLANNED GENERAL INDUSTRIAL _:�\+_, PTFR PLANNED TWO FAMILY RESIDENCE PNB PLANNED NEIGHBORHOOD BUSINESS i' ',�,�}lam PMFR PLANNED MULTIPLE FAMILY RESIDENCE PAB PLANNED AREA BUSINESS CONSERVATION DISTRICTS A.'' PCC PLANNED CENTER CITY RC1 RESIDENCE CONSERVATION 1 r'.: COMMUNITY FACILITY DISTRICTS RC2 RESIDENCE CONSERVATION 2 CF COMMUNITY FACILITY PRESERVATION DISTRICTS RC3 RESIDENCE CONSERVATION 3 PCF PLANNED COMMUNITY FACILITY HP HISTORIC PRESERVATION PRC PLANNED RESIDENCE FRP FOX RIVER PRESERVATION CONSERVATION i . • i 1 200 209 2JQ 14 0 19 1 200 200 214 216 220 256 16 + 1 Subject Property E CHICAGO ST Petition 61-00 I irk 201 474P, 225 203 n� • 213 217 fi4 1 205 209 215 219 t{22.1 10 1 5 � 513 �w 1 co .m 12 r 255 o 2 I • 1 1 210 18 • I 19 1 I I 21 . I DUPAGE ST 1 ` 51 221 227 60 263 1 I 1 M °'°`:°� PARCEL MAP./ EXHIBIT C WE I ;., ,. , e Development Services PARCE =... S ;'-.7 ,: City of Elgin • 4.. , — �. 1 '*r 1 • - era. _ . ; t. t(• ,,..w. '-._,1 . i '.� +�� pia J �G+3 ,r i< •it' + �! i '- yip i• • . - :,.k...:.- s..',..,-4 -_, i; ' v,.. -'._ t i . ' 1111, ' i"?-14,:'“ 0 ''' . t-,/44-n-...-.7,..: .. ...1,,,,, ,,... L ... ... 4 . 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