G65-06 (2) Ordinance No. G65-06
rik AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A RETAIL FOOD STORE
IN THE CC2 CENTER CITY DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(245 Dundee Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
retail food store in the CC2 Center City District and the ARC Arterial Road Corridor Overlay
District at 245 Dundee 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, dated July 19, 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 retail food store in the
CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 245 Dundee
Avenue and legally described as follows:
Parcel one: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball, Sr's
Addition to Elgin, in the City of Elgin, Kane County, Illinois.
Parcel two: That part of lot 28 of B. W. Raymond's addition to Elgin,
described as follows: commencing at the northeast corner of said lot; thence
south along the east line of said lot, 116.82 feet; thence west, parallel with
the north line of said lot, 212.50 feet to the east line of Dundee Avenue;
thence northeasterly along said east line, 72.95 feet to the point of beginning;
thence northeasterly along said east line to the northwest corner of said lot;
thence east along said north line, 153.78 feet to the northeast corner of said
lot; thence south along the east line of said lot, 52 feet; thence west 179.93
feet to the point of beginning, in the city of Elgin, Kane County, Illinois.
Parcel 3: That part of lot 28 of B. W. Raymond's addition to Elgin described
as follows: commencing at a point in the east line of said lot, 52 feet south of
the northeast corner thereof; thence south on said east line, 64.82 feet; thence
west, parallel with the north line of said lot, 212.50 feet to the east line of
Dundee Avenue; thence in a northeasterly direction along said east line of
Dundee Avenue, 72.95 feet; thence east, 179.93 feet to the point of
beginning, in the city of Elgin, Kane County, Illinois (property commonly
known as 233 Dundee Avenue).
r.► be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, prepared
by Juan C. Villasenor and Reina Valdez, dated June 27, 2006.
2. Substantial conformance to the Floor Plan for the proposed food store, submitted
by Reina Valdez, dated June 27, 2006.
3. The hours of operation for the business shall be limited from 7:00 a.m. to 10 p.m.
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.
•-■/■ =c2/4elf
Ed Schock, Mayor
Presented: August 23, 2006
Passed: August 23, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 24, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
• July 19, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 60-06 Requesting Conditional Use Approval to Permit the Establishment
of a Food Store in the CC2 Center City District and the ARC Arterial Road Corridor Overlay
District; Property Located at 245 Dundee Avenue by Juan C. Villasenor and Reina Valdez as
Applicants, and Steven Strauropoulos, as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: CC2 Center City District
ARC Arterial Road Corridor Overlay District
Existing Use: Multiple Tenant Commercial Building
Proposed Use: Retail Food Store
Property Location: 245 Dundee Avenue
Applicant: Juan C. Villasenor and Reina Valdez
Owner: Steven Strauropoulos
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 Map (see attached)
ealk E. Environmental Map (see attached)
WNW
4
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
Aoriik
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see enclosed)
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 Juan C. Villasenor and Reina Valdez, requesting conditional use
approval to permit the establishment of a retail food store in the CC2 Center City District. The
subject property is located at 245 Dundee Avenue (reference Exhibits A,B, C,D, E and F).
The applicant is proposing to establish a 3,600 square foot retail food store in a 10,000 square foot
multiple tenant commercial building. Categories of food being offered in this store will include
meat,dairy products,produce, frozen foods,canned goods,prepared Mexican foods,pasta and rice igamik
products,cereals,beverages and juices,and cleaning products. Food will not be prepared on site and
any food categorized as"takeout food"will either be sold in sealed containers or will be sold as Deli
food. It should be noted,also,that liquor will not be sold at this location(reference Exhibits G,H,I,
and J).
Conditional use approval must be granted prior to the establishment of the food store at the subject
property.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 60-06 on July 19, 2006. The applicant testified at the public
hearing and presented documentary evidence in support of the application.Written correspondence
was submitted. The Community Development Group submitted a Conditional Use Review, dated
July 7,2006.
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.
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• Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see enclosed)
H. Draft Condit onal Use Ordinance (see attached)
I. Standard; foi Conditional Use (see attached)
J. Related Corr:spondence (see attached)
BACKGROUND
•
An application has b yen filed by Juan C. Villasenor and Reina Valdez,requesting conditional use
approval to permit tie establishment of a retail food store in the CC2 Center City District. The
subject property is lc Gated at 245 Dundee Avenue (reference Exhibits A,B, C,D,E and F).
The applicant is pro/ osing to establish a 3,600 square foot retail food store in a 10,000 square foot
multiple tenant commercial building. Categories of food being offered in this store will include
meat,dairy products.,produce,frozen foods,canned goods,prepared Mexican foods,pasta and rice
products,cereals,be''erages and juices,and cleaning products. Food will not be prepared on site and
any food categor zed as"takeout food"will either be sold in sealed containers or will be sold as Deli
food. It should b."no ed,also,that liquor will not be sold at this location(reference Exhibits G,H,I,
and J).
Conditional use.ippi oval must be granted prior to the establishment of the food store at the subject
property.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consi<iera ion of Petition 60-06 on July 19, 2006. The applicant testified at the public
hearing and pres,nte.i documentary evidence in support of the application. Written correspondence
was submitted. 'Che Community Development Group submitted a Conditional Use Review,dated
July 7,2006.
The Zoning and Sub:livision Hearing Board has made the following general findings.
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning c istri et with respect to its size, shape, significant natural features (including
topograp iy, vatereourse and vegetation), and existing improvements.
Findings. Tl te subject property is suitable for the intended zoning district with respect to the
site char toter istics standard.
2.
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
The subject property is an irregularly shaped parcel consisting of 35,270 square feet of lot
area. The property is improved with a new 10,000 square foot multiple tenant commercial
building and parking.
B. 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 with municipal water,sanitary sewer,and storm water control
facilities.
C. 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.
Findings. The subject property is suitable for the intended conditional use with respect to
the traffic and parking standard.
The subject property is located at the southeast corner of the intersection of Dundee Avenue
and Kimball Street. Both Dundee Avenue and Kimball Street are arterial streets serving the
east side of Elgin.
Two points of access to the site are provided; one from Dundee Avenue and one from
Kimball Street. Off street parking is being provided in conformance with the zoning
ordinance.
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 subject property was zoned as follows for the years listed:
1927: E Commercial
1950: D Commercial
1960: D Commercial
1961: D Commercial
3
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
1962: B-3 Service Business District
1992: B-3 Service Business District
Present: CC2 Center City District
ARC Arterial Road Corridor Overlay District
In 2004, conditional use approval was granted to construct the current building.
E. 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 at the far northeastern edge of the center city. The areas
located to the south and west are zoned CC2 Center City District and are developed with
commercial uses. The areas to the north and east of the subject property are zoned CF
Community Facility District and are developed with educational and residential uses.
F. Zoning District Standard. The suitability of the subject property for the intended ,,
conditional use with respect to conformance to the provisions for the purpose and intent,and
the location and size of a zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
conformance to the provision for the purpose and intent,and the location and size of a zoning
district.
The purpose of the CC2 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. The CC2 zoning district provides for a concentration of finance,
service, retail, civic, office, and cultural uses, in addition to complementary uses such as
hotels,entertainment and housing. The development standards 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 development standards are
intended to promote a transition between the more intense development in the CC 1 zoning
district and the residential neighborhoods surrounding the center city. The proposed retail
food store is an appropriate business for this zoning district as it meets the intent of these
development standards.
G. 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.
4
•
• Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19,2006
1962: B-3 Service Business District
1992.: B-3 Service Business District
Present: CC2 Center City District
ARC Arterial Road':Corridor Overlay District
In 2004, on ..itionaI use approval*as granted to construct the current building.
E. Surroun dins„Land Use and Zoning Standard. The suitability of the subject property for
the intended i:onditional use with respect to consistency and compatibility with surrounding
land use and toning.
Findings. T)e subject property is suitable for the intended conditional use with respect to .
consister cy F rid compatibility with surrounding land use and zoning.
The subj pct l property is located at the far northeastern edge of the center city. The areas
located to tilt south and west are zoned CC2 Center City District and are developed with
commercial tses. The areas to the north and east of the subject property are zoned CF
Commur ity l acility District and axe developed with educational and residential uses.
e.. F. Zoning District Standard. The suitability of the subject property for the intended
condition al n.,e with respect to conformance to the provisions for the purpose and intent,and
the location Ind size of a zoning district.
Findings. Ti e subject property is suitable for the intended conditional use with respect to
conformance to the provision for the purpose and intent,and the Iodation and size of a zoning
district.
The purp use rf the CC2 Center City District is to facilitate the implementation of the official
compreh:nsi'e plan for the center pity,as focused on a distinctive subarea of the city with a
common urb in fabric. The CC2 zoning district provides for a concentration of finance,
service, etai, civic, office, and cultural uses, in addition to complementary uses such as
hotels,ei Ltert:tinment and housing. The development standards are intended to encourage a
mix of ac tivii y in the area while,providing for quality development that maintains a sense of
history, lium:3n scale and pedestrian-oriented character. The development standards are
intended to p-omote a transition between the more intense development in the CC1 zoning
district aid the residential neighborhoods surrounding the center city. The proposed retail
food store is an appropriate business for this zoning district as it meets the intent of these
development standards. .
G. Compreien, ive 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 c3mrirehensive plan.
4
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated as"Community Mixed Use"by the City's Comprehensive
Plan and Design Guidelines(2005). Additionally, the Riverfront/Center City Master Plan
designates the property as a"Commercial Transition District." This designation recommends
that development should complement the goals and character of the Center City and
adjoining neighborhoods,and should include good urban design principles. In particular,the
Riverfront/Center City Plan recommends that development at this intersection"should set
the tone for development standards for the district as well as demonstrate the character for
downtown development." The proposed retail food store use is consistent with this
Comprehensive Plan designation.
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 intend of the zoning
ordinance.
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. The hours of operation for the food store will be limited from 7:00
a.m. to 10:00 p.m. The food store will be engaged in the retail sale of food only. Food will
not be prepared on site and food will not be sold in a manner that will promote eating or
loitering on site.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following unresolved
issues and alternatives:
A. Summary of Findings.
1. Positive Attributes. The proposed use is in conformance with the City's goals and
objectives for the downtown,with the purpose and intent of the CC2 district, and the
Center City Master Plan.
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. The hours of
operation for the food store will be limited from 7:00 a.m. to 10:00 p.m. The food
5
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
store will be engaged in the retail sale of food only. Food will not be prepared on site
and food will not be sold in a manner that will promote eating or loitering on 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 to the Statement of Purpose and Conformance, prepared by Juan C.
Villasenor and Reina Valdez, dated June 27, 2006.
2. Substantial conformance to the Floor Plan for the proposed food store, submitted by Reina
Valdez, dated June 27, 2006.
3. The hours of operation for the business shall be limited from 7:00 a.m. to 10 p.m.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully submitted,
4,4/1 Vef
Robert Langlois, Chanan
Zoning and Subdivision Hearing Board
Amarmot
6
Findings of Fact Zoning and Subdivision Board
Petition 60-06 . July 19, 2006
store•vill be engaged in the retail sale of food only. Food will not be prepared on site
and fi,od will not be sold in a manner that will promote eating or loitering on site
B. Summary of Unresolved Issues. '
There an no unresolved issues.
C. Summary of Alternatives.
Other than ar approval,a denial,or an approval with some combination of conditions,there
are no substa itive alternatives.
DECISION
On a motion to ascot upend approval, subject to the following conditions,the vote was five(5)yes
and zero (0)no:
1. . Substantial G informance to the Statement of Purpose and Conformance, prepared by Juan C.
Viilasenur ar d Reina Valdez, dated June 27,2006.
2. Substantial c:informance to the Floor Plan for the proposed food store, submitted by Reina
Valdez,dates.! June 27, 2006.
3. The hours of operation for the business shall be limited from 7:00 a.m. to 10 p.m.
4. Compliance•vith all other applicable codes and ordinances.
Therefore, the model to recommend approval was adopted.
Respectfully submitted, •
hid 4-te- B/.S
Robert Langlois. Ch '' an
Zoning and Subdivi.:ion Hearing Board
6
Findings of Fact Zoning and Subdivision Board
Petition 60-06 July 19, 2006
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
7