G56-02 I ,!I's- r •
Ordinance No . G56-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT
(59-61 DOUGLAS AVENUE)
WHEREAS, written application has been made for a conditional
use for a carryout restaurant in the CC1 Center City District at
59-61 Douglas 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 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 for a carryout restaurant
in the CC1 Center City District at 59-61 Douglas Avenue and legally
described as follows :
THAT PART OF THE NORTH 110 FEET OF LOT 5 IN BLOCK 17
OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE
FOX RIVER, LYING WEST OF THE WEST RIGHT OF WAY LINE OF
THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN
AS 59-61 DOUGLAS AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance submitted by Downtown Elgin Subs,
Inc . , undated.
2 . Substantial conformance to the site plan,
undated.
3 . The location and design of the refuse
collection area shall be subject to the approval of the
Development Administrator.
rik 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.
At-
Ed Sc- oc , Mayo
Presented: August 14 , 2002
Passed: August 14 , 2002
Vote : Yeas : 7 Nays : 0
Recorded: August 15, 2002
Published:
Attest :
Dolonna Mecum, ity Clerk
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July 17, 2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 29-02 Requesting Conditional Use Approval in the CC1 Center City
District to Permit the Establishment of a Carryout Restaurant; Property Located at 59-61
Douglas Avenue by Downtown Elgin Subs, Inc., as Applicant, and Ben G. Corn Trust, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
Proposed Use Carryout Restaurant
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Property Location: 59-61 Douglas Avenue
Applicant: Downtown Elgin Subs, Inc.
Owner: Ben G. Corn Trust
Staff Coordinator: Todd Wyatt, 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. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. S ite Plan (see attached)
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COpy
H. Draft Conditional Use Ordinance (see attached)
I. Correspondance (see attached)
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-02 July 17,2002
BACKGROUND
An application has been filed by Downtown Elgin Subs, Inc., requesting conditional use
approval for a carryout restaurant in the CC1 Center City District. The subject property is located
at 59-61 Douglas Avenue (see Exhibits A, B, C, D, and E).
The applicant is proposing to renovate a first floor tenant space in the existing multiple tenant
building and to establish a sandwich shop (Quizno's Subs). The proposed restaurant will consist
of an indoor dining area with approximately four tables. The applicant is also proposing to
establish a small outdoor eating area in front of the store during the summer months (see Exhibits
F, G, H, and I).
The proposed carryout restaurant requires conditional use approval in the CC 1 Center City
District.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 29-02 on July 17, 2002. The applicant testified at the public
hearing and presented documentary evidence in support of the petition. The Community
Development Group has submitted a Conditional Use Review dated July 5, 2002.
The Zoning and Subdivision Hearing Board has made the followin g findin g s:
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927 E Commercial District
1950 E Commercial District
1962 B2 Central Business District
1992 B2 Central Business District
Present: CC 1 Center City District
B. Surrounding Land Use and Zoning Findings. The property to the north is zoned CC1
and is developed with a multiple family residential structure.
The property to the south is zoned CC1 and is developed with a commercial building.
The property to the east is zoned CC1 and is developed with residential and commercial
uses.
The property to the west is zoned CF Community Facility District and is developed with
the City Hall building and a municipal parking lot.
(flw C. Trend of Development Findings. The central portion of the City has developed with a
mix of business, residential, and institutional uses. The subject property is located within
the traditional downtown,which continues on its course of revitalization.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-02 July 17, 2002
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.
E. 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
the site characteristics standard.
The subject property is a corner lot containing approximately 9,500 square feet of lot
area. The property is improved with a 3 story commercial building. There are 5 ground
floor tenant store fronts, with offices on the upper floors. There are no significant natural
features present on the property.
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, sanitary sewer and storm water
control services.
G. Traffic and Parking Standard. The availability 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 on Douglas Avenue,which is a local street.
Land uses located within the CC1 Center City District are not required to provide off
street parking. A municipal parking lot is located directly across the street from the
subject property.
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 of the
zoning ordinance.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-02 July 17,2002
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.
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.
1. Positive Attributes. The development standards of the Center City District are
intended to encourage a mix of activity in the area while providing for quality
development that maintains a sense of history, human scale and pedestrian-
oriented character. The proposed conditional use will allow the subject property to
be used in accordance with the downtown revitalization efforts.
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.
rik B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, 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 29-02. On a
motion to recommend approval of the conditional use, subject to the following,conditions, the
vote was six(6)yes and zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance submitted by
Downtown Elgin Subs, Inc.,undated.
2. Substantial conformance to the site plan,undated.
3. The location and design of the refuse collection area shall be subject to the approval of
the Development Administrator.
4. Compliance with all other applicable codes and ordinances.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-02 July 17,2002
Therefore,the motion to recommend the approval of Petition 29-02 was adopted.
Respectfully Submitted,
Xit.r2.th 11°
Claude Hamlin, Chairman
Zoning and Subdivision Hearing Board
David Sundland, Secreta
Zoning and Subdivision Hearing Board
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