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HomeMy WebLinkAboutG28-06 Ordinance No. G28-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE PCC2 PLANNED CENTER CITY DISTRICT (79 Clock Tower Plaza) WHEREAS, written application has been made requesting conditional use approval for a carryout restaurant in the PCC2 Planned Center City District at 79 Clock Tower Plaza; 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 with 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, dated March 1, 2006, made by the Zoning and 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 to permit a carryout restaurant in the PCC2 Planned Center City District located at 79 Clock Tower Plaza, and legally described as follows: Parcel One: That part of Block 1 of Sherman's addition to Elgin, described as follows: Beginning at the Northeast corner of said Block 1; thence Southwesterly along the Northerly line of said Block 1, a distance of 574.30 feet (record being 574.53 feet); thence Southeasterly along a monumented line that forms an angle of 90 degrees, 59 minutes, 19 seconds (record being 91 degrees, 00 minutes, 0 seconds) to the left with the prolongation of the last described course, a distance of 915.17 feet (record being 915.00 feet); thence Northeasterly along a monumented line that forms an angle of 88 degrees, 59 minutes, 10 seconds to the left with the prolongation of the last described course (record being parallel with the Northerly line of said Block 1), a distance of 323.83 feet (record being 323.86 feet); thence Northwesterly along a monumented line that forms an angle of 89 degrees, 58 minutes, 39 seconds to left with the prolongation of the last described course (record being at right angles to the last described course), a distance of 69.97 feet (record being 70.00 feet); thence Northeasterly along a monumented line that forms an angle of 89 degrees, 57 minutes, 13 seconds to the right with the prolongation of the last described course (record being parallel with the Northerly line of said Block 1), a distance of 249.98 feet (record being 250.00 feet) to the Easterly line of said Block 1; thence Northwesterly along said Easterly line being along a curve to the left having a radius of 4915.28 feet, a distance of 846.40 feet (record being 846.50 feet) to the point of beginning. Except therefrom the North 9.00 feet (measured at right angles to the Northerly line of said Block 1) dedicated for a public street by Document No. 1919284. Being situated in the City of Elgin, Kane County, Illinois. Parcel Two: A non exclusive easement for the purpose of transmitting water, sewage, gas, electricity and other utilities of like or dissimilar nature for the benefit of Parcel One, as created in the Grant of Easement dated May 14, 1970 and recorded June 8, 1970 as Document 1165857, over, upon and across the following described property: part of Block 1 of Sherman's Addition to Elgin, described as follows: Commencing at the Northeast corner of said Block 1; thence Southwesterly along the Northerly Line of said Block 1, a distance of 574.53 feet for the place of beginning; thence Southeasterly along a line that forms an angle of 91 degrees, 00 minutes, 0 seconds to the left with the prolongation of the last described course, a distance of 915.0 feet; thence Southwesterly Parallel with the Northerly line of said Block 1, a distance of 40.0 feet; thence Northwesterly along a line that forms an angle of 0 degrees, 0 minutes, 0 seconds 89, Township 00 North, Range 0 to the right with the prolongation of the last described course, a distance of 915.0 feet to the Northerly line of said Block 1; thence Northeasterly along said Northerly line, a distance of 40.0 feet to the place of beginning; in the City of Elgin, Kane County, Illinois (Property Commonly Known as 79 Clock .'' Tower Plaza). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Kashan Ahmand and Amman Ahmad, dated February 3, 2006. 2. Substantial conformance with the Site Plan/Floor Plan submitted by Kashan Ahmand and Amman Ahmad, dated February 3, 2006. 3. Compliance with all other 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. d Schock, Mayor einK Presented: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: 1r15:L.Arai _ I Dolonna Mecum, City Clerk r r March 1, 2006 r FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 13-06 Requesting a Conditional Use for a Carryout Restaurant in the PCC2 Planned Center City District; Property Located at 79 Clock Tower Plaza by Shabbir Agha, as Applicant, and Butera Properties, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PCC2 Planned Center City District Existing Use: Vacant erk Proposed Use: Carryout Restaurant Property Location: 79 Clock Tower Plaza Applicant: Shabbir Agha Owner: Butera Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) Z y4 • • Findings of Fact Zoning and Subdivision Hearing Board r Petition 13-06 March 1, 2006 F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Conditional Use Ordinance (see attached) I. Standards for Conditional Uses (see attached) BACKGROUND An application has been filed by Shabbir Agha,requesting a conditional use for a carryout restaurant in the PCC2 Planned Center City District. The subject property is located at 79 Clock Tower Plaza (see exhibits A,B, C, D, E, and F). The applicant is proposing to establish a carryout restaurant that will occupy 1,080 square feet of an existing building, on the east outlot of the Clock Tower Plaza Shopping Center. The restaurant will provide a menu that features fish and chicken(see exhibits G, H, and I). r GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 13-06 on March 1, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. Public testimony was presented at the public hearing. The Community Development Group submitted a Conditional Use Review, dated February 20, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: G Industrial District 1950: F Industrial District 1960: F Industrial District 2 • Findings of Fact Zoning and Subdivision Hearing Board Petition 13-06 March 1, 2006 1962: M-1 Limited Manufacturing District 1992: B3 Service Business District 1992: CC2 Center City District Present: PCC2 Center City District The subject property was rezoned from CC2 to PCC2 in 2001 to permit the development of a new building on the property. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located within the PCC2 Center City District. The property located immediately to the north of the subject property is zoned PCC Planned Center City District and is developed with The Grand Victoria Casino pavilion, a parking deck, and parking lot. The area located to the east of the subject property, fronting on the south side of National Street is zoned CC2 Center City.District and is developed with a mix of commercial and residential uses and the former Chicago and Northwestern train station. The area located to the southeast of the subject property is zoned RC3 Residence Conservation District and is developed with residences. The area located to the south of the subject property is zoned MFR Multiple Family Residential District and is developed with apartments. The area located to the west of the subject property is zoned CF Community Facility District and is developed with the Fox River Bike Trail along the east side of the river. C. Trend of Development. The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use with respect to the trend of development standard. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-06 March 1, 2006 The subject property is located on the edge of the downtown in an area that has been redeveloped in the last 15 years with a mix of commercial, entertainment and residential uses. D. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The purpose of the PCC2 Planned Center City District is to provide a planned center city environment that focuses on a distinctive subarea of the city with a common urban fabric, subject to the provisions of Chapter 19.60,Planned Developments. A PCC2 zoning district is most similar to,but departs from the standard requirements of the CC2 zoning district. 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, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The site is an irregularly shaped parcel containing 507,800 square feet of land area.The site is currently improved with three commercial buildings.The larger building contains 116,727 square feet of floor area and the smaller buildings contain approximately 5,220 and 6,410 square feet of floor area. The shopping center also has an accessory parking lot. 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 conditional use with respect to the sewer and water standard. The subject property is served by municipal water and sanitary sewer. 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. 4 Findings of Fact Zoning and Subdivision Hearing Board "' Petition 13-06 March 1, 2006 Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on National Street, a collector street which provides a connection between the east and west sides of the city.A signalized intersection exists at the entrance to Clock Tower Plaza. There are 674 parking stalls serving the entire shopping center which contains approximately 121,260 square feet of commercial floor area. Off-street parking is provided in compliance with the zoning ordinance. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as"Major Shopping Center"by the City's Comprehensive Plan and Design Guidelines dated 2005. 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 intend of the zoning ordinance. The purpose and intent of the provisions for a conditional use are to recognize that there are certain uses, with unique characteristics and unusual impacts on the surrounding property, which cannot be properly classified in any particular zoning district without individual review and consideration. The proposed land use is located in an area of the city which has developed with .a mix of commercial and entertainment uses. The proposed carryout restaurant is located within a larger self-contained shopping center which does not directly adjoin any residential areas. There are three carryout restaurants and one carryout donut shop currently in existence in this shopping center. The restaurant,being located in this shopping center setting, has a surplus of parking, a separate signalized intersection, and a shared common access drive to the site. 5 Findings of Fact Zoning and Subdivision Hearing Board f Petition 13-06 March 1, 2006 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. Findings. Positive Attributes. The proposed land use is located in an area of the city which has developed with a mix of commercial and entertainment uses. The proposed carryout restaurant is located within a larger self-contained shopping center which does not directly adjoin any residential areas. There are three carryout restaurants and one carryout donut shop currently in existence in this shopping center. The restaurant,being located in this shopping center setting, has a surplus of parking, a separate signalized intersection, and a shared common access drive to the site. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION On a motion to recommend approval, subject to the following conditions,the vote was five(5)yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Kashan Ahmand and Amman Ahmad, undated. 2. Substantial conformance with the Site Plan/Floor Plan submitted by Kashan Ahmand and Amman Ahmad, undated. 3. Compliance with all other codes and ordinances. ellik Therefore,the motion to recommend approval was adopted. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-06 March 1, 2006 Respectfully submitted, AA,' 44-5 • Daniel Weiler, Acting Chairman Zoning and Subdivision Hearing Board Yuwen Pruss, Secretary Zoning and Subdivision Hearing Board 7