G17-84 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e"- this ordinance are repealed.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