G17-06 Ordinance No. G17-06
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PROFESSIONAL
AND SEMIPROFESSIONAL ATHLETIC ARENA
IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1151 North State Street)
WHEREAS, written application has been made requesting conditional use approval for a
professional and semiprofessional athletic arena in the PCF Planned Community Facility District
and the ARC Arterial Road Corridor Overlay District 1151 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 February 15, 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 professional and
semiprofessional athletic arena in the PCF Planned Community Facility District and the ARC
Arterial Road Corridor Overlay District at 1151 North State Street and legally described as
follows:
Parcel One:
That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Beginning At The
Intersection Of The Center Line Of A Public Highway (Route No. 22) With The
South Line Of Section 2; Thence Northerly Along Said Center Line On A Curve
To The Right 235.0 Feet; Thence North 31 Degrees, 57 Minutes, 0 Seconds East
Along Said Center Line 100.0 Feet; Thence North Along Said Center Line On A
Curve To The Left 386.5 Feet; Thence North 16 Degrees, 05 Minutes, 0 Seconds
East Along Said Center Line 100.0 Feet; Thence Northerly Along Said Center
Line On A Curve To The Right 137.4 Feet; Thence South 65 Degrees, 59
Minutes, 0 Seconds East 133.9 Feet; Thence South 40 Degrees, 09 Minutes, 0
Seconds East 303.8 Feet; Thence South 84 Degrees, 49 Minutes, 0 Seconds East
397.7 Feet; Thence South 58 Degrees, 40 Minutes, 0 Seconds East 1043.88 Feet
To The South Line Of Said Section; Thence West Along Said South Line 1995.10
Feet To The Point Of Beginning; (Except That Part Lying Westerly Of The
Center Line Of The Highway As Originally Located); In The City Of Elgin, Kane
County, Illinois.
Parcel Two:
That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Commencing At The Point
Of Intersection Of The Old Center Line Of State Bond Issue Route 22, Now State
Route No. 31, With The South Line Of Said Section 2; Thence East Along Said
South Line 119.50 Feet To The Easterly Line Of State Bond Issue Route 22 As
Established By Instrument Dated April 12, 1957, And Recorded November 1,
1957 In Map Book 38, Page 29 As Document 848175; Thence Northeasterly
Along Said Easterly Line On A Curve To The Right Having A Radius Of
2,610.89 Feet (The Chord Of Said Curve Forms An Angle Of 69 Degrees, 47
Minutes, 0 Seconds To The Left With The Prolongation Of The Last Described
Course), A Distance Of 205.5 Feet; Thence Northeasterly Along Said Easterly
Line, Being Tangent To The Last Described Curve, A Distance Of 316.89 Feet;
Thence Northeasterly Along Said Easterly Line On A Curve To The Left Having
A Radius Of 4,986.15 Feet, A Distance Of 383.9 Feet For The Point Of
Beginning; Thence Northeasterly Along Said Easterly Line, Being Along A
Curve To The Left Having A Radius Of 4,986.15 Feet, A Distance Of 230 Feet;
Thence Northeasterly Along A Line That Forms An Angle Of 15 Degrees, 56
Minutes, 0 Seconds To The Right With The Prolongation Of The Chord Of The
Last Described Curve, A Distance Of 118.07 Feet; Thence Southeasterly Along A
Line That Forms An Angle Of 106 Degrees, 30 Minutes, 0 Seconds To The Right
With The Prolongation Of The Last Described Course, A Distance Of 196.82
Feet; Thence Northeasterly At Right Angles To The Last Described Course,
Being Parallel With The Southeasterly Line Of Parcel No. N-4d-65. 3 Acquired
By The Illinois Toll Highway Commission Through Proceedings Filed In The
Circuit Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet;
Thence Northwesterly At Right Angles To The Last Described Course 246.52
Feet To The Southeasterly Line Of Said Parcel No. N-4d-65. 3; Thence
Northeasterly Along Said Southeasterly Line, Being At Right Angles To The Last
Described Course, 227.97 Feet To The Most Westerly Corner Of Riverside
Manor, Unit No. 1, Being A Subdivision Of Part Of Section 2, Township 41
North, Range 8 East Of The Third Principal Meridian; Thence South 10 Degrees,
44 Minutes, 0 Seconds East Along The Westerly Line Of Said Riverside Manor,
Unit No. 1, 554.15 Feet To The Southwest Corner Of Lot 9 Of Said Unit No. 1;
Thence Easterly Along The Southerly Line Of Said Lot 9, 72 Feet; Thence South
10 Degrees, 44 Minutes, 0 Seconds East Parallel With The Extension Of The
Westerly Line Of Said Lot 9, 175 Feet; Thence Westerly Parallel With The
Southerly Line Of Said Lot 9, 72 Feet; Thence South 10 Degrees, 44 Minutes, 0
Seconds East Along The Extension Of The Westerly Line Of Said Lot 9, 308.33
Feet; Thence North 58 Degrees, 40 Minutes, 0 Seconds West 24 Feet; Thence
North 84 Degrees, 49 Minutes, 0 Seconds West 397.7 Feet; Thence North 40
Degrees, 09 Minutes, 0 Seconds West 303.8 Feet; Thence North 65 Degrees, 59
Minutes, 0 Seconds West 77.79 Feet To The Point Of Beginning; In The City Of
Elgin, Kane County, Illinois.
Parcel Three:
That Part Of The South Half Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Commencing At The Point
Of Intersection The Center Line Of State Route No. 31 With The South Line Of
Said Of Section; Thence Northerly Along Said Center Line On A Curve To The
Right 235 Feet; Thence North 31 Degrees 57 Minutes East Along Said Center
Line 100 Feet; Thence Northerly Along Said Center Line On A Curve To The
Left 386.5 Feet; Thence North 16 Degrees 5 Minutes East Along Said Center Line
100 Feet; Thence Northerly Along Said Center Line On A Curve To The Right
137.4 Feet; Thence South 65 Degrees 59 Minutes East A Distance Of 56.11 Feet
To The Easterly Line Of State Bond Issue Route 22 (Federal Aid Route 23) By
Document No. 848175; Thence Northeasterly Along Said Easterly Line, Being
Along A Curve To The Left Having A Radius Of 4986.15 Feet (The Chord Of
Said Curve Forms An Angle Of 97 Degrees 40 Minutes To The Left With The
Prolongation Of The Last Described Course), A Distance Of 230 Feet; Thence
Northeasterly Along A Line That Forms An Angle Of 15 Degrees 56 Minutes To
The Right With The Prolongation Of The Chord Of The Last Described Curve, A
Distance Of 118.07 Feet For The Point Of Beginning; Thence Southeasterly
Along A Line That Forms An Angle Of 106 Degrees 30 Minutes To The Right
With The Prolongation Of The Last Described Course A Distance Of 196.82 Feet;
Thence Northeasterly At Right Angle To The Last Described Course; Being
Parallel With The Southeasterly Line Of Parcel No. N-4d-65.3 Acquired By The
Illinois Toll Highway Commission Through Proceedings Filed In The Circuit
Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet; Thence
Northwesterly At Right Angle The Last Described Course, A Distance Of 246.52
Feet To The Southeasterly Line Of Said Parcel No. N-4d-65.3; Thence
Southwesterly Along The Southeasterly Line Of Said Parcel No. N-4d-65.3 A
Distance Of 130.0 Feet; Thence Southwesterly, A Distance Of 175.0 Feet To The
Point Of Beginning, In The City Of Elgin, Kane County, Illinois.
Parcel Four:
Lot 4 Of Riverside Manor, Unit 1, Being A Subdivision Of Part Of Section 2,
Township 41 North, Range 8 East Of The Third Principal Meridian, In The City
Of Elgin, In Kane County, Illinois.
Parcel Five:
The Westerly 72 Feet Of Lots 8 And 9 Of Riverside Manor, Unit 1, Being A
Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third
Principal Meridian, In The City Of Elgin, In Kane County, Illinois.
Parcel Six:
That Part Of The Southeast Quarter Of Section 2, Township 41 North, Range 8
East Of The Third Principal Meridian, Described As Follows: Beginning At The
Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1, Being A Subdivision
Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal
Meridian; Thence Easterly Along The Southerly Line Of Lot 9 A Distance Of 72
Feet To The Point Of Beginning; Thence South 10 Degrees 44 Minutes East
Parallel With The Westerly Line Extended Of Said Lot 9 A Distance Of 175 Feet;
Thence Easterly Parallel With The Southerly Line Of Said Lot 9, 171.33 Feet To
The Westerly Line, Extended Southerly, Of Tyler Lane, As Located Along The
Easterly Line Of Said Lot 9; Thence Northerly Along Said Extended Westerly
Line, On A Curve To The Left, Having A Radius Of 1175.94 Feet A Distance Of
107.71 Feet To The Southerly Line Of Said Unit No. 1; Thence Westerly Along
Said Southerly Line 58.05 Feet To An Angle In Said Southerly Line; Thence
Northerly At Right Angles To The Last Described Course 66 Feet To The
Southerly Line Of Said Lot 9; Thence Westerly Along Said Southerly Line
129.96 Feet To The Point Of Beginning, (Except That Part Of The Northwest 1/4
Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian,
And Part Of Vacated Tyler Lane In Riverside Manor Subdivision Unit 1, Being A
Subdivision Of Part Of Said Section 2, Described As Follows: Commencing At
The Southwest Corner Of Lot 9 Of Said Riverside Manor Unit No. 1; Thence
North 86 Degrees 33 Minutes 00 Seconds East Along The South Line Of Said Lot
9, A Distance Of 101.88 Feet For The Point Of Beginning; Thence South 10
Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58 Degrees 23
Minutes 10 Seconds East 51.72 Feet; Thence North 83 Degrees 1 Minutes 22
Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside Manor Unit
2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16 Minutes
07 Seconds West Along Said West Line 76.35 Feet To The Northwest Corner Of
Said Lot 36; Thence Northerly Along The Westerly Right Of Way Line Of Tyler
Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet, An
Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence
South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said
Lot, 150.08 Feet To The Point Of Beginning, In The City Of Elgin, Kane County,
Illinois.
Parcel Seven:
That Part Of The Northwest 1/4 Of Section 2, Township 41 North, Range 8 East
Of The Third Principal Meridian, And Part Of Vacated Tyler Lane In Riverside
Manor Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2,
Described As Follows: Commencing At The Southwest Corner Of Lot 9 Of Said
Riverside Manor Unit No. 1; Thence North 86 Degrees 33 Minutes 00 Seconds
East Along The South Line Of Said Lot 9, A Distance Of 101.88 Feet For The
Point Of Beginning; Thence South 10 Degrees 37 Minutes 03 Seconds East
119.55 Feet; Thence South 58 Degrees 23 Minutes 10 Seconds East 51.72 Feet;
Thence North 83 Degrees 11 Minutes 22 Seconds East 104.86 Feet To The West
Line Of Lot 36 Of Riverside Manor Unit 2, A Subdivision Of Section 2
Aforesaid; Thence North 06 Degrees 16 Minutes 07 Seconds West Along Said
West Line 76.35 Feet To The Northwest Corner Of Said Lot 36; Thence
Northerly Along The Westerly Right Of Way Line Of Tyler Lane Being On A
0,64 Curve To The Left And Having A Radius Of 1175.94 Feet, An Arc Distance Of
66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence South 86
Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot, 150.08
Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois.
Parcel Eight:
That Part Of The Southeast Fractional Quarter Of Section 2, Township 41 North,
Range 8 East Of The Third Principal Meridian, Described As Follows:
Commencing At The Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1,
Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian; Thence South 10 Degrees 44 Minutes East Along
The Westerly Line Extended Southerly Of Said Lot 9, 483.33 Feet; Thence
Southeasterly Along A Line Forming An Angle Of 47 Degrees 56 Minutes To
The Left With The Prolongation Of The Last Described Course, 1019.88 Feet To
The South Line Of Said Southeast Quarter For The Point Of Beginning; Thence
Northwesterly Along The Last Described Course 1019.88 Feet To The Westerly
Line Extended Southerly Of Said Lot 9; Thence North 10 Degrees 44 Minutes
West Along Said Extended Westerly Line 308.33 Feet To A Point 175 Feet
Southerly Of The Southwest Corner Of Said Lot 9; Thence Easterly Parallel With
The Southerly Line Of Said Lot 9, 243.33 Feet To The Westerly Line Of Lot 36
Of Riverside Manor, Unit No. 2; Thence South 5 Degrees 18 Minutes East Along
The Westerly Line Of Said Lot 36, 27.78 Feet To An Angle Point In Said Line;
Thence South 57 Degrees 41 Minutes East Along The Southwesterly Line Of Said
Lot 36, 143.37 Feet To An Angle Point In Said Line; Thence North 80 Degrees
22 Minutes East Along The Southerly Line And Southerly Line Extended Of Said
Lot 36, 600.6 Feet To The Southeast Corner Of Lot 40 Of Said Riverside Manor,
Unit No. 2; Thence North 9 Degrees 38 Minutes West 190 Feet To The Northeast
Corner Of Said Lot 40; Thence North 11 Degrees 34 Minutes East 70.79 Feet To
The Southeast Corner Of Lot 41 Of Said Riverside Manor, Unit No. 2; Thence
North 80 Degrees 22 Minutes East Along The Northerly Line Extended Easterly
Of Hazel Drive As Platted In Said Riverside Manor, Unit No. 2, 296 Feet; Thence
North 10 Degrees 08 Minutes West 52.52 Feet; Thence Northerly Along A Curve
To The Right Having A Radius Of 727.45 Feet And Being Tangent To The Last
Described Course, 292.01 Feet; Thence North 12 Degrees 52 Minutes East
Tangent To The Last Described Curve 124.56 Feet; Thence North 89 Degrees 34
Minutes East 281.15 Feet To A Line Drawn Parallel With And 537.33 Feet West
Of, (Measured Along The Southerly Line Of A Tract Of Land Conveyed To
Northern Illinois Gas Company By Deed Recorded November 28, 1958 In Book
1932, Page 239, As Document 876705) The East Line Of Said Southeast Quarter;
Thence South 0 Degrees 26 Minutes East Along Said Parallel Line 1506.74 Feet
To A Point 2495 Feet South Of, Measured Along Said Parallel Line, The
Southerly Line Of Said Northern Illinois Gas Company Tract; Thence North 77
Degrees 40 Minutes 40 Seconds West 274.64 Feet; Thence Southwesterly To A
Point On The South Line Of Said Southeast Quarter Which Is 144 Feet East Of
The Point Of Beginning; Thence West Along Said South Line 144 Feet To The
Point Of Beginning; (Except That Part Lying Northerly Of The Northerly Line
Extended Easterly Of Hazel Drive, Being Also Northerly Line Of Roadway
Easement Document 1462802, In The City Of Elgin, Kane County, Illinois
(Property commonly known as 1151 North State Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the letter prepared by Jim Cook, Head Men's and
Woman's Basketball Coach, dated December 19, 2005.
2. Attendance shall be limited to a maximum of 900 people at each event.
3. 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.
'd Schock, Mayor
Presented: March 22, 2006
Passed: March 22, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: March 23, 2006
Published:
rAttest:
AiLla ,..1 id
Dolonna Mecum, City Clerk
February 15, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 11-06 Requesting a Conditional Use in the PCF Planned Community
Facility District, to Permit the Operation of a Professional and Semiprofessional Athletic Arena;
Property Located at 1151 North State Street, by Windy City IBL aka Elgin Racers Basketball, as
Applicant, and Judson College, as Owner..
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: PCF Planned Community Facility District
ARC Arterial Road Corridor Overlay District
Existing Use: Judson College Campus
Proposed Use: Professional Athletic Arena
Property Location: 1151 North State Street
Applicant: Windy City International Basketball League _
Owner: Judson College
Staff Coordinator: Denise Momodu, 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)
E. Environmental Map (see attached)
F. Site Photos (see attached)
EXHIBIT A
• Findings of Fact Zoning and Subdivision hearing Board
Petition 11-06 February 15, 2006
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Use (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Elgin Racers Basketball, requesting a conditional use in the PCF
Planned Community Facility District to permit the operation of a professional and semiprofessional
athletic arena.The property is located at 1151 North State Street(see Exhibits A,B, C,D,E,and F).
The applicant is proposing to bring an International Basketball League team to Elgin. The team will
play all home games at the Judson College Linder Fitness Center. The 2006 season will begin in
March and will continue through June. The majority of the ten games will be played on weekends
between 5:00 PM and 11:00 PM. Conditional use approval is required for the proposed use (see
Exhibits G, H, I and J).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 11-06 on February 15,2006. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Written correspondence has been submitted(reference Exhibit 3).
The Community Development Group submitted a Conditional Use Review,dated February 15,2006.
The Zoning and Subdivision Hearing Board has made the following general findings.
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography, watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is an irregularly shaped parcel containing approximately 85 acres of
land. The property is improved with academic, dormitory, administration and other campus
buildings, athletic fields and parking. Portions of the property are heavily wooded. The
property is traversed by Tyler Creek and is bounded on the east by the Fox River.
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Findings of Fact Zoning and Subdivision hearing Board
Petition 11-06 February 15, 2006
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate municipal water, wastewater treatment,
and storm water control facilities.
Findings. The subject property is suitable for the proposed planned development 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
zoning district 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 zoning district with respect to the
traffic and parking standard.
The subject property is located along Illinois State Route 31, between Interstate 90 and Big
Timber Road. It is also served by West River Road. Illinois Route 31 is a regional
north/south arterial road serving the west side of Elgin and neighboring communities. West
River Road functions as a collector road serving the adjacent office and industrial land uses.
Access to the subject property is provided from points of access on Illinois State Route 31
and West River Road.
The seating capacity of the arena is 1,200 occupants. The required off street parking is one
stall for every four seats or 300 parking stalls. The number of parking stalls available within
a 500 foot radius of the arena is 224 stalls.
Off street parking will be provided in conformance with the Off Street Parking Ordinance.
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district 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 zoning district 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: Out of City
eeh" 1950: Out of City
1960: Out of City
1961: Out of City
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Findings of Fact Zoning and Subdivision hearing Board
Petition 11-06 February 15, 2006
1962: Out of City
1992: CF Community Facility District
Present: PCF Planned Community Facility District
ARC Arterial Road Corridor Overlay District
Judson College was founded in 1963 on a former private estate on the west bank of the Fox
River. The campus was zoned CF Community Facilities District in 1992, as a part of the
comprehensive amendment to the zoning ordinance and official zoning map. In 2005, the
campus was rezoned to PCF Planned Community Facility District.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The Riverside Manor Subdivision located to the north is zoned SFR1 Single Family
Residence District. The City of Elgin Water treatment plant located to the northeast is zoned
PCF Planned Community Facility District. The Willow Lake Estates Subdivision located to
the east is zoned PRC Planned Residence Conservation District and is developed with a
mobile home community. The single family homes located to the south are zoned RC1
Residence Conversation District. The Tyler Bluff Condominiums are located to the west and
are zoned PRC Planned Residence Conservation District. The Tyler Creek Forest Preserve is
located to the northwest and is zoned CF Community Facility District.
F. Zoning District Standard. The suitability of the subject property for the intended zoning
district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
The purpose of the PCF Planned Community Facility District is to provide a planned
environment for various types of community facilities, subject to the provisions of Chapter
19.60,Planned Developments.A PCF zoning district is most similar to,but departs from the
standard requirements of the CF zoning district.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent, and the location and size of a PCF
Planned Community Facility District.
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Findings of Fact Zoning and Subdivision hearing Board
Petition 11-06 February 15, 2006
The ARC zoning district is a zoning overlay district, and accordingly, a property located
within the district shall also be subject to the regulations of the underlying zoning district in
which it is located. As no building additions or exterior building modifications are
contemplated as part of this conditional use approval request, the requirements of the ARC
District do not apply.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as"Institutional"by the City's 2005 Comprehensive Plan
and Design Guidelines. The proposed conditional use is compatible with this land use
designation.
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.
The proposed conditional use will be located, designed and operated in such a manner as to
protect the public health, safety and welfare. The number of tickets will be limited to the
available parking on site so as to not have a negative impact on the surrounding properties.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
A. Summary of Findings.
Positive Attributes. The proposed use will benefit the City through regional advertising
exposure and the draw of spectators for these games. The number of tickets will be limited to
the available parking on site so as to not have a negative impact on the surrounding
properties.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Zoning and Subdivision hearing Board
Petition 11-06 February 15, 2006
rik
C. Summary of Alternatives.
Other than an approval, a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
DECISION
On a motion to recommend approval, subject to the following conditions, the vote was five(5)yes
and zero (0) no:
1. Substantial conformance to the letter prepared by Jim Cook, Head Men's and Woman's
Basketball Coach, dated December 19, 2005.
2. Attendance shall be limited to a maximum of 900 people at each event.
3. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully submitted,
s/ Daniel Weiler
Daniel Weiler, Acting Chairman
Zoning and Subdivision Hearing Board
s/ Thomas J. Armstrong
Thomas J. Armstrong, Secretary
Zoning and Subdivision Hearing Board
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