G-19-05 Ordinance No. G19-05
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE CONSTRUCTION OF A BUILDING IN THE
CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(751 North State Street)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the construction of a new building to be used as a restaurant with
drive through service, within the CI Commercial Industrial District and the ARC Arterial Road
Corridor Overlay District at 751 North State Street; 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 January 5, 2005, 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 planned development which will allow for the
construction of a building to be used as a restaurant with drive through service, within the CI
Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 751 North
State Street and legally described as follows:
Lots 5 and 6 of Lots 1, 2, 3, 4, 5, and 6 and that part of vacated Ethelwyn
Street lying easterly and adjoining said Lot 1 in Block XVII of Sadler's Addition to
Elgin, Kane County, Illinois (property commonly known as 751 North State Street)
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Conditional Use Application, and Statement
of Purpose prepared by Nicholas Cartina, submitted to the City of Elgin on
December 21, 2004.
2. Substantial conformance with the Site Development Plans prepared by
William M. Brown and Associates, dated December 21, 2004.
3. The proposed dumpster enclosure shall be constructed of masonry materials to
match those of the proposed building.
4. The future freestanding sign shall be constructed with a minimum 18 inch
base constructed of masonry materials to match those of the proposed
building, and shall also include landscaping around the base of the sign
containing shrubs and perennials.
5. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established within two
years 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
Presented: February 9, 2005
Passed: February 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: February 10, 2005
Published:
Attest:
intA3
Dolonna Mecum, City Clerk
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January 5, 2005
erik FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 92-04 Requesting a Conditional Use for a Planned Development to Permit
the Development of a Restaurant with a Drive Through in the CI Commercial Industrial District and
the ARC Arterial Road Corridor District;Property Located at 751 North State Street;by Nicholas J.
Cartina, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CI Commercial Industrial District and
ARC Arterial Road Corridor District
Existing Use: Vacant
rik , Property Location: 751 North State Street
Applicant/Owner: Nicholas J. Cartina
Staff Coordinator: Sarosh Saher,Urban Design &Preservation Specialist
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)
t G. Draft Conditional Use Ordinance (see attached)
H. Public Response Forms (see attached)
Exhibit A
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 92-04 January 5,2005
BACKGROUND
An application has been filed by Nicholas J. Cartina requesting conditional use approval for a
Planned Development to permit the development of a restaurant with a drive through in the CI
Commercial Industrial District and the ARC Arterial Road Corridor District.The subject property is
located at 751 North State Street(d.b.a. Swizzle Inn)(see the attached exhibit).
The applicant proposes to develop the subject property with a new restaurant with a drive through,
parking lot, and landscaping. The exterior elevation of the building will be in face brick with
awnings above the windows. Conditional use approval is required for all new buildings within the
ARC Arterial Road Corridor District.
The area of the property is 17,424 square feet. The new restaurant is proposed to be 1,950 square
feet.The remaining portion of the property will be utilized for landscaping,parking and driveways.
The restaurant is proposed to draw a local clientele from nearby Judson College and local businesses,
as well as through traffic to and from Elgin. The hours of operation are from 7:00 a.m.to 7:00 p.m.
The primary period of service is lunch with an American style menu.
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 92-04 on January 5,2005. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Staff submitted a Conditional Use Review dated December 29,
2004.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Site Characteristics Standard.The subject property is suitable for the intended conditional
use with respect to the site characteristics standard in terms of shape, significant features,
topography,watercourses,vegetation and existing improvements.
The property is a regularly shaped parcel, containing 17,424 square feet of land area. The
site is currently undeveloped and is relatively flat.There are no significant landscape features
on the property besides a line of trees along the south property line.
B. Sewer and Water Standard. The subject property is suitable for the intended conditional
use with respect to the sewer and water standard.
The property will be served by municipal sanitary sewer, storm sewer, and water services.
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Findings of Fact Zoning and Subdivision Hearing Board
t" Petition 92-04 January 5, 2005
C. Traffic and Parking Standard.The subject property is suitable for the intended conditional
use with respect to the traffic and parking standard.
The subject property is located on North State Street, an arterial road serving downtown
Elgin and adjacent communities. Three points of access are proposed to serve the subject
property; a right-in,right-out access point to North State Street and two access points along
Frazier Avenue.
Off street parking will be provided in conformance with the Zoning Ordinance.
D. Zoning History Standard.The subject property is suitable for the intended zoning district
with respect to the length of time the property has remained undeveloped or unused in its
current zoning district. The subject property has been zoned as follows for the years listed:
1927: Out
1950: Out
1960: Out
1961: Out
1962: Out
1992: M1 Limited Manufacturing District
2001: CI Commercial Industrial District
ARC Arterial Road Corridor Overlay District
E. Surrounding Land Use and Zoning Standard. The subject property is suitable for the
intended zoning district with respect to consistency and compatibility with surrounding land
use and zoning.
The areas to the north,south,east and west are zoned CI Commercial Industrial District and
are developed with a mix of light industrial and retail land uses. To the southwest of the site
is a small open space parcel zoned CF Community Facility.
F. Trend of Development Standard.The subject property is suitable for the intended zoning
district with respect to consistency with an existing pattern of development or an identifiable
trend within the area.
The subject property is located within an area developed primarily with light industrial and
commercial.
G. Zoning District Standard: The purpose of the CI Commercial Industrial District is to
provide for an existing pattern of development in which certain commercial uses and
rift industrial uses have located together.
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. Findings of Fact Zoning and Subdivision Hearing Board
elak Petition 92-04 January 5, 2005
The subject property is suitable for the intended conditional use for a planned development
with respect to conformance to the provisions for the purpose and intent,and the location and
size of a zoning district.
The proposed use is a permitted use in the CI Commercial Industrial District and the
development of the site generally conforms to the purpose and intent of the CI District.
H. Conditional Use for a Planned Development Standard: The subject property is suitable
for the intended conditional use for a planned development with respect to conformance to
the purpose and intent of a conditional use for a planned development.
The subject property is located along an arterial corridor with well established light industrial
and commercial uses. The new building will be constructed of quality building materials
including brick and stone. Landscaping will be planted along the periphery of the site. The
improvements to the building and site will increase the aesthetic appeal of the property,and
meet the intent of the ARC District.
I. Comprehensive Plan Standard. The subject property is suitable for the intended zoning
district with respect to the Comprehensive Plan Standard.
The subject property is designated as"Transportation Corridor,"by the 1983 Comprehensive
Plan. The proposed planned development is in conformance with this designation.
J. Natural Preservation Standard.The subject property is suitable for the intended planned
development with respect to the Natural Preservation Standard.
There are no significant natural features located on this property.
K. Internal Land Use Standard. The subject property is suitable for the intended planned
development with respect to the internal land use standard.
No evidence has been found that the proposed planned development will be located,
designed or operated so as to exercise undue detrimental influence on itself or surrounding
properties. .
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the Elgin Zoning Ordinance. The applicant has requested the
rik following departures from the standard requirements of the CI Commercial Industrial District:
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Findings of Fact Zoning and Subdivision Hearing Board
"'' Petition 92-04 January 5, 2005
A. Section 19.40.535.B —Lot Area. In the CI Commercial Industrial District the minimum
"zoning lot area" is 20,000 square feet. The applicant is requesting a departure from the
minimum lot area and proposing a 17,424 square foot(approx. 12%departure)lot area for
development.
B. Section 19.40.535.E.2.b — Interior Vehicle Use Area Setback. In the CI Commercial
Industrial District the minimum vehicle use area interior setback is 6 feet. The applicant is
proposing a setback of 5 feet(16.7%departure) from the southerly lot line.
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 purpose and intent of the ARC overlay district is to ensure
quality development along the city's entryway corridors.The building and other site
improvements will enhance the image of a highly traveled gateway into the city.
2. Conditional Use for a Planned Development. The subject property is located along
an arterial corridor with well established light industrial and commercial uses. The
new building will be constructed of quality building materials including brick and
stone.Landscaping will be planted along the periphery of the site.The improvements
to the building and site will increase the aesthetic appeal of the property, and will
meet the intent of the ARC District.
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.
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e.
Findings of Fact Zoning and Subdivision Hearing Board
""' Petition 92-04 January 5, 2005
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 92-04.On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was four(4)yes, zero (0)no:
1. Substantial conformance with the Conditional Use Application, and Statement of
Purpose prepared by Nicholas Cartina, submitted to the City of Elgin on December
21, 2004.
2. Substantial conformance with the Site Development Plans prepared by William M.
Brown and Associates, submitted to the City of Elgin on December 21,2004.
3. The proposed landscaping shall be revised to provide landscaping in conformance
with the zoning ordinance along the easterly property line.
4. The site plan shall be revised to provide the required six foot vehicle use area setback
from the easterly property line and a minimum eight foot setback from Frasier Street.
5. The proposed dumpster enclosure shall be constructed of masonry materials to match
those of the proposed building.
6. The future freestanding sign shall be constructed with a minimum 18 inch base
constructed of masonry materials to match those of the proposed building,and shall
also include landscaping around the base of the sign containing shrubs and
perennials.
7. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 92-04 was adopted.
Respectfully submitted:
1>Akel- 0 i goe
Daniel Weiler, Chairman Pro Tern
Zoning and Subdivision Hearing Board
`LAPteAA■ F/ItokAr K4trir ,
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
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