Loading...
HomeMy WebLinkAboutG45-17Ordinance No. G45 -17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (10 15 North Randall Road) WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreational service, not elsewhere classified (indoor play cafe for children) at 1015 North Randall Road; and WHEREAS, the zoning lot with the building containing the premises at 1015 North Randall Road is legally described herein (the "Subject Property "); and WHEREAS, the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and an amusement and recreational service, not elsewhere classified is listed as a similar use within the AB Area Business District; and WHEREAS, the amusement and recreational service, not elsewhere classified as described in the written application for a conditional use at 1015 North Randall Road is most similar to the coin operated amusement establishments (7993) listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on September 11, 2017 following due notice by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business District pertains to the government and affairs of the city. 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 September 11, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for an amusement and recreational service, not elsewhere classified (indoor play cafe for children) is hereby granted for the property commonly known as 1015 North Randall Road and commonly identified by Kane County Property Identification Number (PIN) 06 -09- 154 -029, and legally described as follows: THE SOUTHERLY 194.50 FEET OF LOT 573, AS MEASURED ALONG THE EASTERLY LINE THEREOF, THE SOUTHERLY 194.50 FEET OF LOTS 574 THROUGH 577, INCLUSIVE , AND THE SOUTHERLY 194.50 FEET OF THE WESTERLY 18.30 FEET OF LOT 578, ALSO PART OF LOTS 569 THROUGH 572, INCLUSIVE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 572, THENCE NORTH 69 DEGREES 26 MINUTES 25 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 572, A DISTANCE OF 234.00 FEET TO A LINE THAT IS PARALLEL WITH THE EASTERLY LINE OF LOTS 570 THROUGH 572, INCLUSIVE, THENCE NORTH 20 DEGREES 33 MINUTES AND 35 SECONDS EAST, A DISTANCE OF 158.50 FEET TO A LINE THAT IS 17.20 FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES 25 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 103.87 FEET TO A LINE THAT IS 130.13 FEET. MEASURED AT RIGHT ANGLES, WESTERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 570; THENCE NORTH 20 DEGREES 33 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 18.50 FEET TO A LINE THAT IS 1.30 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY AND PARALLEL WITH SAID NORTHERLY LINE OF LOT 570; THENCE SOUTH 69 DEGREES 26 MINUTES 25 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 130.13 FEET TO THE EASTERLY LINE OF SAID LOT 569; THENCE SOUTH 20 DEGREES 33 MINUTES 35 SECONDS WEST, ALONG SAID EASTERLY LINE OF LOTS 569 THROUGH 572, A DISTANCE OF 177.00 FEET TO THE POINT OF BEGINNING, CONTAINING 93,138.50 S.F. MORE OR LESS, ALL BEING IN VALLEY CREEK UNIT NO. 15, BEING A RESUBDIVISION OF LOTS 565 AND 566 OF VALLEY CREEK UNIT NO. 14, BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 2 Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Silva Architects, Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, received July 28, 2017 and supporting documents including: a. Conditional Use Statement of Purpose and Conformance Children's Amusement & Recreational Service Facility, prepared by Silva Architects, Ltd., dated July 27, 2017; b. A response letter from Silva Architects, Ltd., dated July 31, 2017; c. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated September 13, 2006; d. Preliminary Zoning Review — Site & Parking Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; e. Preliminary Zoning Review — Schematic Floor Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; f. Preliminary Zoning Review — Exterior Elevation & Sign Exhibit, prepared by Silva Architects, dated July 27, 2017; g. Undated Play Space Equipment Plans, received August 2, 2017; h. Undated Landscaping Plan, received August 17, 2017; i. Plumbing Plan and Notes, prepared by William Pavlecic and Associates, dated February 14,1997; j. Fire Protection Plan, Notes & Riser Diagram, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 1997; and k. Foundation Plan, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 1997. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. 1 David J. Ka kin, ayor Presented: September 27, 2017 Passed September 27, 2017 Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2017 Published: September 29, 2017 A e . Kimberly Dewis, C' Clerk EXHIBIT A September 11, 2017 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 18 -17, an application by Silva Architects, Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, requesting approval of a conditional use to permit an amusement and recreational service, not elsewhere classified at the property located at 1015 N. Randall, zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 18 -17 Requested Action: Approval of a Conditional Use Current Zoning: AB Area Business District & ARC Arterial Road Corridor Overlay District Existing Use: Partially vacant one -story commercial building Proposed Use: Amusement and recreational service, not elsewhere classified (Indoor play cafe for children) Property Location: 1015 N. Randall Road Applicant: Silva Architects, Ltd. Owner: Jimmy (James) IL Hong Staff Coordinator: Damir Latinovic, AICP, Senior Planner Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location F. Development Application and Attachments G. Draft Conditional Use Ordinance BACKGROUND Silva Architects, Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, are requesting approval of a conditional use to establish an amusement and recreational service, not elsewhere classified (indoor play cafe for children) at the property commonly known as 1015 N. Randall Road. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The subject property is part of a larger multi -tenant and multi - building shopping center located on the east side of N. Randall Road between Fletcher Drive on the north and Royal Boulevard on the south. The shopping center, which includes a total of 1181 parking spaces, has one full access driveway along Fletcher Drive and one full access driveway along Royal Boulevard. There is no direct access to Randall Road. The shopping center is improved with two main buildings located approximately 575 feet from Randall Road and two smaller outlot buildings, one at the southeast corner of Randall Road and Fletcher Drive home to Carmina's Restaurant and Banquets, and the second one, a multi- tenant commercial building located at the northeast corner of Randall Road and Royal Boulevard currently occupied by Royal Cleaners. The shopping center also includes Russo's Power Equipment store at 1001 N. Randal Road. A 10,500 square foot physical fitness facility is currently being planned at 1029 N. Randall Road. The 2.13 -acre subject property is improved with a partially vacant one -story 24,548- square foot commercial building and accessory parking lot with 145 parking spaces. Royal Liquor and Wine liquor store occupies the southern 2,200 - square feet of the building. The remainder of the building is currently vacant. The applicant is proposing to occupy the remaining 22,340 square feet of the existing building to open a caf6 with indoor play equipment for children (Bumblebee Play Cafe). The proposed cafe will occupy approximately 2,000 square feet, while the remainder of the space will be devoted to the play areas for children. The applicant will create one separate play area for children 2 -5 years old, and one separate play area for children 6 -12 years old. Both play areas will include various types of playground equipment typically found in outdoor parks. The cafe would be located near the front entrance and will include a kitchen serving sandwiches, pizzas, and additional packaged snacks, fruits, bottled or canned pops, juices and water. The rear of the space will offer five party -2- Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 rooms available for birthday party rentals and similar events. The facility will be open seven days a week from 8:00 am — 9:00 pm. The applicant is not proposing any exterior changes to the building except for new signage. All new street graphics will meet the zoning ordinance requirements. The applicant is planning to sealcoat the existing parking lot in front of the building, and add new landscaping materials to the parking lot islands which currently do not have any landscaping. Image of the proposed play area for children 2 -5 years old. The proposed amusement and recreational service, not elsewhere classified (escape room business) is listed as a similar use in the AB Area Business District, and is allowed as a conditional use, requiring the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the city in 1978. Upon annexation, the property was zoned B -3 Service Business District. In 1992 it was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The property was subdivided in 1996 as part of Valley Creek Subdivision. The existing multi-tenant commercial building was constructed in 1997. -3- Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 B. Surrounding Land Use and Zoning. The subject property is part of a larger shopping center located on the east side of Randall Road between Fletcher Drive on the north and Royal Boulevard on the south. The center is home to Russo's Power Equipment and Carmina's Restaurant and Banquets among others. The properties adjacent to the east are also zoned AB Area Business District and are improved with three multi -tenant office buildings primarily occupied with medical offices. The property to the south is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District and is improved with a one -story commercial building (Home Depot) and accessory parking. The property to the north across Fletcher Drive is zoned PRC Planned Residence Conservation District and is improved with Millcreek Townhomes residential development. The property to the west across Randall Road is zoned PCF Planned Community Facility District and ARC Arterial Road Corridor Overlay District, and is improved with an institutional building and accessory parking and open space areas home to Harvest Bible Chapel and Harvest Christian Academy. C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's 2005 Comprehensive Plan and Design Guidelines. Areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed -use centers. In addition, they typically include highway- serving uses such as fast food restaurants, auto - oriented uses such as tire stores, service stations, auto parts stores, and other stand -alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. D. Zoning District. The purpose and intent of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC 1 Center City District. E. Trend of Development. The subject property is located within an established multi -tenant shopping center that was developed in the mid- 1990s. Most recent development within the shopping center includes the renovation of the former Walmart store for Russo's Power Equipment retail store. A 10,000 - square foot physical fitness facility is currently being planned in the adjacent building to the north at 1029 N. Randall Road. Other existing commercial tenants include Carmina's Restaurant and Banquets, Royal Cleaners and Royal -4- Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 Liquor and Wine retail stores. The property can accommodate additional potential outlot buildings closest to Randall Road. To the east, the shopping center is adjacent to three multi -tenant office buildings developed in the early -2000s that are primarily occupied by medical office uses. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 18 -17 on September 11, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings & Recommendation to the Planning & Zoning Commission dated September 11, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, and vegetation, and existing improvements. The proposed use will occupy an existing 22,340 -suare foot vacant commercial tenant space part of an existing shopping center along N. Randall Road commercial corridor. The applicant is not proposing to make exterior changes to the building except for new wall graphics which will meet the zoning ordinance requirements. The applicant will install new landscaping materials in the existing parking lot islands which currently to do not have any landscaping. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. -5- Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 The property and the subject commercial space are currently served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing sewer and water facilities can adequate serve the proposed use. 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 provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. The property is part of a multi -tenant shopping center with access to Fletcher Drive to the north and Royal Boulevard to the south, both of which provide access to Randall Road. The property maintains a safe and efficient on -site and off -site vehicular circulation. The proposed use will not have any negative effect on the existing on -site and off -site traffic circulation. The existing shopping center is partially occupied. The existing tenants include Carmina's Restaurant and Banquets, Russo's Power Equipment, Royal Cleaners, and Royal Liquor and Wine retail stores. A physical fitness facility is currently being planned in the adjacent vacant building to the north at 1029 N. Randall Road. All properties and tenants in the shopping center enjoy cross parking and access easement rights. The proposed 22,340- square foot indoor play cafe for children is required to have a total of 89 parking spaces. With the proposed use and the existing mix of uses, the shopping center is required to have a total of 874 parking spaces. The shopping center currently includes a total of 1181 parking spaces, which includes 145 parking spaces on the subject property. As such, the property will continue to meet the zoning ordinance requirement for parking. D. 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 of the zoning ordinance. All business activities will be conducted on the interior. The hours of operation are consistent with those of surrounding businesses. The applicant is not proposing to make any exterior changes to the building except for new wall graphics which will meet zoning ordinance requirements. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. M Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 The proposal represents a desirable use that will contribute to the diversity of uses and vibrancy of the area along N. Randall Road commercial corridor, and will further the revitalization of the existing shopping center. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 18 -17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Silva Architects, Ltd., as applicant, and Jimmy (James) IL Hong, as property owner, received July 28, 2017 and supporting documents including: a. Conditional Use Statement of Purpose and Conformance Children's Amusement & Recreational Service Facility, prepared by Silva Architects, Ltd., dated July 27, 2017; b. A response letter from Silva Architects, Ltd., dated July 31, 2017; c. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated September 13, 2006; d. Preliminary Zoning Review — Site & Parking Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; e. Preliminary Zoning Review — Schematic Floor Plan Exhibit, prepared by Silva Architects, dated July 27, 2017; f. Preliminary Zoning Review — Exterior Elevation & Sign Exhibit, prepared by Silva Architects, dated July 27, 2017; g. Undated Play Space Equipment Plans, received August 2, 2017; h. Undated Landscaping Plan, received August 17, 2017; i. Plumbing Plan and Notes, prepared by William Pavlecic and Associates, dated February 14, 1997; j. Fire Protection Plan, Notes & Riser Diagram, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 1997; and k. Foundation Plan, prepared by William Pavlecic and Associates, dated February 14, 1997, last revised April 27, 1997. -7- Recommendation & Findings of Fact Petition 18 -17 September 11, 2017 In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. The vote of the Planning & Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was six (6) yes, zero (0) no, and zero (0) abstentions. One member was absent. Respectfully Submitted, s/ Robert Siliestrom Robert Siljestrom, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission !' M. EXHIBITA Aerial /Location Map IN W +E S Map prepared by City of Elgin o 65 130 260 390 20 Feet Department of Community Development EXHIBIT Zoning Map " W�E 5 Map prepared by City of Elgin 0 70 140 280 420 560 Department of Community Development F Fletcher Dr Subject Property 1015 N. Randall Rd. Petition 18 -17 0609154029 EXHBIIT C Parcel Map N A City of Elgin o 30 60 120 180 240 Department of Community Development Feet EXHIBIT D SITE LOCATION 1015 North Randall Road Petition 18 -17 3D Aerial View from the South EXHIBIT D SITE LOCATION 1015 North Randall Road Petition 18 -17 3D Aerial View from the West EXHIBIT D SITE LOCATION 1015 North Randall Road Petition 18 -17 'J. A 2 X ir' ... 'xLCS'�Z:arw`�raisao-o-A�r`y�1�,� Front (West) Elevation 1 EXHIBIT D SITE LOCATION 1015 North Randall Road Petition 18 -17 Existing Vacant Building at 1029 N. Randall Rd. Existing Liquor Store at 1015A N. Randall Rd