G28-06 Ordinance No. G28-06
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT
IN THE PCC2 PLANNED CENTER CITY DISTRICT
(79 Clock Tower Plaza)
WHEREAS, written application has been made requesting conditional use approval for a
carryout restaurant in the PCC2 Planned Center City District at 79 Clock Tower Plaza; 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 with 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 March 1, 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 a carryout restaurant in the PCC2 Planned
Center City District located at 79 Clock Tower Plaza, and legally described as follows:
Parcel One:
That part of Block 1 of Sherman's addition to Elgin, described as follows:
Beginning at the Northeast corner of said Block 1; thence Southwesterly along the
Northerly line of said Block 1, a distance of 574.30 feet (record being 574.53
feet); thence Southeasterly along a monumented line that forms an angle of 90
degrees, 59 minutes, 19 seconds (record being 91 degrees, 00 minutes, 0 seconds)
to the left with the prolongation of the last described course, a distance of 915.17
feet (record being 915.00 feet); thence Northeasterly along a monumented line
that forms an angle of 88 degrees, 59 minutes, 10 seconds to the left with the
prolongation of the last described course (record being parallel with the Northerly
line of said Block 1), a distance of 323.83 feet (record being 323.86 feet); thence
Northwesterly along a monumented line that forms an angle of 89 degrees, 58
minutes, 39 seconds to left with the prolongation of the last described course
(record being at right angles to the last described course), a distance of 69.97 feet
(record being 70.00 feet); thence Northeasterly along a monumented line that
forms an angle of 89 degrees, 57 minutes, 13 seconds to the right with the
prolongation of the last described course (record being parallel with the Northerly
line of said Block 1), a distance of 249.98 feet (record being 250.00 feet) to the
Easterly line of said Block 1; thence Northwesterly along said Easterly line being
along a curve to the left having a radius of 4915.28 feet, a distance of 846.40 feet
(record being 846.50 feet) to the point of beginning. Except therefrom the North
9.00 feet (measured at right angles to the Northerly line of said Block 1) dedicated
for a public street by Document No. 1919284. Being situated in the City of Elgin,
Kane County, Illinois.
Parcel Two:
A non exclusive easement for the purpose of transmitting water, sewage, gas,
electricity and other utilities of like or dissimilar nature for the benefit of Parcel
One, as created in the Grant of Easement dated May 14, 1970 and recorded
June 8, 1970 as Document 1165857, over, upon and across the following
described property: part of Block 1 of Sherman's Addition to Elgin, described as
follows: Commencing at the Northeast corner of said Block 1; thence
Southwesterly along the Northerly Line of said Block 1, a distance of 574.53 feet
for the place of beginning; thence Southeasterly along a line that forms an angle
of 91 degrees, 00 minutes, 0 seconds to the left with the prolongation of the last
described course, a distance of 915.0 feet; thence Southwesterly Parallel with the
Northerly line of said Block 1, a distance of 40.0 feet; thence Northwesterly along
a line that forms an angle of 0 degrees, 0 minutes, 0 seconds 89, Township 00
North, Range 0 to the right with the prolongation of the last described course, a
distance of 915.0 feet to the Northerly line of said Block 1; thence Northeasterly
along said Northerly line, a distance of 40.0 feet to the place of beginning; in the
City of Elgin, Kane County, Illinois (Property Commonly Known as 79 Clock
.'' Tower Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Kashan Ahmand and Amman Ahmad, dated February 3, 2006.
2. Substantial conformance with the Site Plan/Floor Plan submitted by Kashan
Ahmand and Amman Ahmad, dated February 3, 2006.
3. Compliance with all other 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
einK
Presented: April 12, 2006
Passed: April 12, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 13, 2006
Published:
Attest:
1r15:L.Arai _ I
Dolonna Mecum, City Clerk
r
r
March 1, 2006
r
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 13-06 Requesting a Conditional Use for a Carryout Restaurant in the PCC2
Planned Center City District; Property Located at 79 Clock Tower Plaza by Shabbir Agha, as
Applicant, and Butera Properties, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PCC2 Planned Center City District
Existing Use: Vacant
erk
Proposed Use: Carryout Restaurant
Property Location: 79 Clock Tower Plaza
Applicant: Shabbir Agha
Owner: Butera
Staff Coordinator: Lydia Treganza, 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. Environmental Map (see attached)
Z y4
•
•
Findings of Fact Zoning and Subdivision Hearing Board
r Petition 13-06 March 1, 2006
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
BACKGROUND
An application has been filed by Shabbir Agha,requesting a conditional use for a carryout restaurant
in the PCC2 Planned Center City District. The subject property is located at 79 Clock Tower Plaza
(see exhibits A,B, C, D, E, and F).
The applicant is proposing to establish a carryout restaurant that will occupy 1,080 square feet of an
existing building, on the east outlot of the Clock Tower Plaza Shopping Center. The restaurant will
provide a menu that features fish and chicken(see exhibits G, H, and I).
r GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 13-06 on March 1, 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. The Community Development Group submitted a Conditional Use
Review, dated February 20, 2006.
The Zoning and Subdivision Hearing Board has made the following general findings.
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use 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 conditional use 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: G Industrial District
1950: F Industrial District
1960: F Industrial District
2
•
Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-06 March 1, 2006
1962: M-1 Limited Manufacturing District
1992: B3 Service Business District
1992: CC2 Center City District
Present: PCC2 Center City District
The subject property was rezoned from CC2 to PCC2 in 2001 to permit the development of
a new building on the property.
B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended conditional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The subject property is located within the PCC2 Center City District.
The property located immediately to the north of the subject property is zoned PCC Planned
Center City District and is developed with The Grand Victoria Casino pavilion, a parking
deck, and parking lot.
The area located to the east of the subject property, fronting on the south side of National
Street is zoned CC2 Center City.District and is developed with a mix of commercial and
residential uses and the former Chicago and Northwestern train station.
The area located to the southeast of the subject property is zoned RC3 Residence
Conservation District and is developed with residences.
The area located to the south of the subject property is zoned MFR Multiple Family
Residential District and is developed with apartments.
The area located to the west of the subject property is zoned CF Community Facility District
and is developed with the Fox River Bike Trail along the east side of the river.
C. Trend of Development. The suitability of the subject property for the intended conditional
use with respect to its consistency with an existing pattern of development or an identifiable
trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to the
trend of development standard.
3
Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-06 March 1, 2006
The subject property is located on the edge of the downtown in an area that has been
redeveloped in the last 15 years with a mix of commercial, entertainment and residential
uses.
D. Zoning History Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
The purpose of the PCC2 Planned Center City District is to provide a planned center city
environment that focuses on a distinctive subarea of the city with a common urban fabric,
subject to the provisions of Chapter 19.60,Planned Developments. A PCC2 zoning district
is most similar to,but departs from the standard requirements of the CC2 zoning district.
E. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use 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 conditional use with respect to
the site characteristics standard.
The site is an irregularly shaped parcel containing 507,800 square feet of land area.The site
is currently improved with three commercial buildings.The larger building contains 116,727
square feet of floor area and the smaller buildings contain approximately 5,220 and 6,410
square feet of floor area. The shopping center also has an accessory parking lot.
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 and sanitary sewer.
G. 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.
4
Findings of Fact Zoning and Subdivision Hearing Board
"' Petition 13-06 March 1, 2006
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 National Street, a collector street which provides a
connection between the east and west sides of the city.A signalized intersection exists at the
entrance to Clock Tower Plaza.
There are 674 parking stalls serving the entire shopping center which contains approximately
121,260 square feet of commercial floor area.
Off-street parking is provided in compliance with the zoning ordinance.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
The subject property is designated as"Major Shopping Center"by the City's Comprehensive
Plan and Design Guidelines dated 2005.
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 purpose and intent of the provisions for a conditional use are to recognize that there are
certain uses, with unique characteristics and unusual impacts on the surrounding property,
which cannot be properly classified in any particular zoning district without individual
review and consideration. The proposed land use is located in an area of the city which has
developed with .a mix of commercial and entertainment uses. The proposed carryout
restaurant is located within a larger self-contained shopping center which does not directly
adjoin any residential areas. There are three carryout restaurants and one carryout donut shop
currently in existence in this shopping center. The restaurant,being located in this shopping
center setting, has a surplus of parking, a separate signalized intersection, and a shared
common access drive to the site.
5
Findings of Fact Zoning and Subdivision Hearing Board
f Petition 13-06 March 1, 2006
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. Findings.
Positive Attributes. The proposed land use is located in an area of the city which has
developed with a mix of commercial and entertainment uses. The proposed carryout
restaurant is located within a larger self-contained shopping center which does not directly
adjoin any residential areas. There are three carryout restaurants and one carryout donut shop
currently in existence in this shopping center. The restaurant,being located in this shopping
center setting, has a surplus of parking, a separate signalized intersection, and a shared
common access drive to the site.
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.
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 with the Statement of Purpose and Conformance, prepared by
Kashan Ahmand and Amman Ahmad, undated.
2. Substantial conformance with the Site Plan/Floor Plan submitted by Kashan Ahmand and
Amman Ahmad, undated.
3. Compliance with all other codes and ordinances.
ellik Therefore,the motion to recommend approval was adopted.
6
Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-06 March 1, 2006
Respectfully submitted,
AA,'
44-5 •
Daniel Weiler, Acting Chairman
Zoning and Subdivision Hearing Board
Yuwen Pruss, Secretary
Zoning and Subdivision Hearing Board
7