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HomeMy WebLinkAboutG65-06 Ordinance No. G65-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A RETAIL FOOD STORE IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (245 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval for a retail food store in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 245 Dundee Avenue; 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, dated July 19, 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 the operation of a retail food store in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 245 Dundee Avenue and legally described as follows: Parcel one: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball, Sr's Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel two: That part of lot 28 of B. W. Raymond's addition to Elgin, described as follows: commencing at the northeast corner of said lot; thence south along the east line of said lot, 116.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence northeasterly along said east line, 72.95 feet to the point of beginning; thence northeasterly along said east line to the northwest corner of said lot; thence east along said north line, 153.78 feet to the northeast corner of said lot; thence south along the east line of said lot, 52 feet; thence west 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. Parcel 3: That part of lot 28 of B. W. Raymond's addition to Elgin described as follows: commencing at a point in the east line of said lot, 52 feet south of the northeast corner thereof; thence south on said east line, 64.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence in a northeasterly direction along said east line of Dundee Avenue, 72.95 feet; thence east, 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois (property commonly known as 233 Dundee Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, prepared by Juan C. Villasenor and Reina Valdez, dated June 27, 2006. 2. Substantial conformance to the Floor Plan for the proposed food store, submitted by Reina Valdez, dated June 27, 2006. 3. The hours of operation for the business shall be limited from 7:00 a.m. to 10 p.m. 4. 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. 4 ;.4==c--:041e1 Ed Schock, Mayor Presented: August 23, 2006 Passed: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 24, 2006 Published: Attest: /�J c7G-ILY"--( / `IZG�,v,-- Dolonna Mecum, City Clerk elk July 19, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 60-06 Requesting Conditional Use Approval to Permit the Establishment of a Food Store in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District; Property Located at 245 Dundee Avenue by Juan C. Villasenor and Reina Valdez as Applicants, and Steven Strauropoulos, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CC2 Center City District ARC Arterial Road Corridor Overlay District Existing Use: Multiple Tenant Commercial Building Proposed Use: Retail Food Store Property Location: 245 Dundee Avenue Applicant: Juan C. Villasenor and Reina Valdez Owner: Steven Strauropoulos 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 Map (see attached) maw E. Environmental Map (see attached) 1 ` 4 Findings of Fact Zoning and Subdivision Board ' Petition 60-06 July 19, 2006 fr F. Site Photos (see attached) G. Statement of Purpose and Conformance (see enclosed) H. Draft Co)edit:anal Use Ordinance (see attached) I. Standard; foi Conditional Use s (see attached) J. Related Corr,spondence (see attached) BACKGROUND An application has b.en filed by Juan C. Villasenor and Reina Valdez, requesting conditional use approval to permit t ie establishment of a retail food store in the CC2 Center City District. The subject property is lc Gated at 245 Dundee Avenue (reference Exhibits A,B, C,D,E and F). The applicant is pro/osing to establish a 34600 square foot retail food store in a 10,000 square foot multiple tenant commercial building. Categories of food being offered in this store will include meat,dairy products, produce,frozen foods,canned goods,prepared Mexican foods,pasta and rice products,cereals,be 'erages and juices,and cleaning products. Food will not be prepared on site and any food categor zed as"takeout food"will either be sold in sealed containers or will be sold as Deli food. It should b 2 no.ed,also,that liquor will not be sold at this location(reference Exhibits G,H,I, and J). Conditional use appr aval must be granted prior to the establishment of the food store at the subject property. GENERAL FINDI]CGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in considera ion of Petition 60-06 on July 19, 2006. The applicant testified at the public hearing and presimte.1 documentary evidence in support of the application.Written correspondence was submitted. The Community Development Group submitted a Conditional Use Review,dated July 7,2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Charac;:eristics Standard. The suitability of the subject property for the intended zoning c istri ct with respect to its size, shape, significant natural features (including �r�► topograp 1y, vatereourse and vegetation), and existing improvements. Findings. Tl to subject property is suitable for the intended zoning district with respect to the site chars Leto istics standard. 2 • Findings of Fact Zoning and Subdivision Board ' Petition 60-06 July 19, 2006 The subject property is an irregularly shaped parcel consisting of 35,270 square feet of lot area. The property is improved with a new 10,000 square foot multiple tenant commercial building and parking. B. 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 with municipal water,sanitary sewer,and storm water control facilities. 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 traffic and parking standard. The subject property is located at the southeast corner of the intersection of Dundee Avenue and Kimball Street. Both Dundee Avenue and Kimball Street are arterial streets serving the east side of Elgin. Two points of access to the site are provided; one from Dundee Avenue and one from Kimball Street. Off street parking is being provided in conformance with the zoning ordinance. 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 subject property was zoned as follows for the years listed: 1927: E Commercial 1950: D Commercial 1960: D Commercial 1961: D Commercial 3 ' • Findings of Fact Zoning and Subdivision Board Petition 60-06 July 19,2006 1962: B-3 Service Business District 1992:. B-3 Service Business District Present: CC2 Center City District ARC Arterial Road Corridor Overlay District In 2004, on .itional use approval'vas granted to construct the current building. E. Snrronndini;Land Use and Zoning Standard. The suitability of the subject property for the intended I;onditional use with respect to consistency and compatibility with surrounding land use and toning. Findings. T ie subject property is suitable for the intended conditional use with respect to . consister cy f ad compatibility with surrounding land use and zoning. The subj act l+roperty is located at the far northeastern edge of the center city. The areas located to the south and west are Zoned CC2 Center City District and are developed with commercial •.Ises. The areas to the north and east of the subject property are zoned CF Commur ity l acility District and ate developed with educational and residential uses. elk F. Zoning Dist riot Standard. The suitability of the subject property for the intended conditional um with respect to conformance to the provisions for the purpose and intent,and the location t ad size of a zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The pure ase if the CC2 Center City District is to facilitate the implementation of the official compreh:nsi re plan for the center city,as focused on a distinctive subarea of the city with a common urb in fabric. The CC2 zoning district provides for a concentration of finance, service, retai, civic, office, and cultural uses, in addition to complementary uses such as hotels,ei►tert:iinment and housing. The development standards are intended to encourage a mix of ac tivii y in the area while providing for quality development that maintains a sense of history, hum in scale and pedestrian-oriented character. The development standards are intended top'omote a transition between the more intense development in the CC1 zoning district aid tl ie residential neighborhoods surrounding the center city. The proposed retail food store is an appropriate business for this zoning district as it meets the intent of these development standards. G. Compre'ien, ive Plan Standard. The suitability of the subject property for the intended zoning distri::t with respect to conformance to the goals, objectives, and policies of the /► official c amp rehensive plan. 4 - Findings of Fact Zoning and Subdivision Board ' ' Petition 60-06 July 19, 2006 Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as"Community Mixed Use"by the City's Comprehensive Plan and Design Guidelines(2005). Additionally, the Rive/front/Center City Master Plan designates the property as a"Commercial Transition District." This designation recommends that development should complement the goals and character of the Center City and adjoining neighborhoods,and should include good urban design principles. In particular,the Riverfront/Center City Plan recommends that development at this intersection"should set the tone for development standards for the district as well as demonstrate the character for downtown development." The proposed retail food store use is consistent with this Comprehensive Plan designation. 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 intend of the zoning ordinance. No evidence has been submitted or found that the proposed conditional use will be located, designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The hours of operation for the food store will be limited from 7:00 a.m. to 10:00 p.m. The food store will be engaged in the retail sale of food only. Food will not be prepared on site and food will not be sold in a manner that will promote eating or loitering on site. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. 1. Positive Attributes. The proposed use is in conformance with the City's goals and objectives for the downtown,with the purpose and intent of the CC2 district, and the Center City Master Plan. 2. Location,Design, and Operation. No evidence has been submitted or found that the proposed conditional use will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The hours of operation for the food store will be limited from 7:00 a.m. to 10:00 p.m. The food 5 ' " Findings of Fact Zoning and Subdivision Board Petition 60-06 . July 19, 2006 store vill be engaged in the retail sale of food only. Food will not be prepared on site and fi,od will not be sold in a manner that will promote eating or loitering on site. B. Summary of Unresolved Issues. ' There are no unresolved issues. C. Summary of Alternatives. Other than ar.:approval,a denial,or an approval with some combination of conditions,there are no su bsta:dive alternatives. DECISION • On a motion to r:coi upend approval, subject to the following conditions,the vote was five(5)yes and zero (0)no: 1. . Substantial c informance to the Statement of Purpose and Conformance, prepared by Juan C. Aft Villasenur ar d Reina Valdez, dated June 27,2006. 2. Substantial c rnformance to the Floor Plan for the proposed food store, submitted by Reina Valdez, date(•. June 27, 2006. 3. . The hours of operation for the business shall be limited from 7:00 a.m. to 10 p.m. 4. Compliance'vith all other applicable codes and ordinances. Therefore, the no otio 1 to recommend approval was adopted. Respectfully submit-1A, • 4,‘",/ Robert Langlois. Ch "" an Zoning and Subdivi::ion Hearing Board 6 • Findings of Fact Zoning and Subdivision Board Petition 60-06 July 19, 2006 ea,0,4 Denise Momodu, Secretary Zoning and Subdivision Hearing Board 0,..4•., 7