G69-06 Ordinance No. G69-06
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT
IN THE CC2 CENTER CITY DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(233 Dundee Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
carryout restaurant in the CC2 Center City District and the ARC Arterial Road Corridor Overlay
District at 233 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 August 16, 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 carryout restaurant in
the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 233
Dundee Avenue and legally described as follows:
Parcel 1: 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 2: 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).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance for
Domino's Pizza prepared and submitted by Jin H. Ryoo, undated.
2. Substantial conformance to the proposed Floor Plan and Equipment Layout (Sheet
No. A101) and Equipment Schedule and Lobby Elevations (Sheet No. A102) for
Domino's Pizza Store # 2792, prepared by Jason Gnich Design Group, and dated
July 13, 2006, with revisions dated July 26, 2006.
3. The westerly windows shall be maintained as a display case, designed as
approved by the Community Development Group.
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.
4111
Ed Schock, Mayor
Presented: September 27, 2006
Passed: September 27, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2006
Published:
Attest:
gagerwst.42-
Dolonna Mecum, City Clerk
A
August 16, 2006
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 64-06 Requesting Conditional Use Approval in the CC2 Center City
District and the ARC Arterial Road Corridor Overlay District, to Permit the Establishment of a
Carryout Restaurant; Property Located at 233 Dundee Avenue by Jin H. Ryoo, as Applicant, and
Steven Strauropoulos, as Owner.
BACKGROUND
Requested Action: Conditional Use Approval
Current Zoning: CC2 Center City District
ARC Arterial Road Corridor Overlay District
e" Existing Use: Multiple Tenant Commercial Building
Proposed Use: Carryout Restaurant
Property Location: 233 Dundee Avenue
Applicant: Jin H. Ryoo
Owner: Steven Strauropoulos
Staff Coordinator: Denise Momodu, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
tow D. Aerial Map (see attached)
E. Environmental Map (see attached)
Findings of Fact Zoning and Subdivision Board
Petition 64-06 August 16, 2006
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Use (see attached)
BACKGROUND
An application has been filed by Jin H. Ryoo,requesting a conditional use in the CC2 City Center
District to permit the establishment of a carryout restaurant.The subject property is located at 233
Dundee Avenue(reference Exhibits A, B, C,D, E and F).
The applicant is proposing to establish a carryout restaurant in the 10,000 square foot multiple tenant
commercial building. The carryout restaurant will occupy 1,189 square feet of tenant space. The
applicant is proposing to provide pick up and delivery of pizza; no seating will be provided. A
carryout restaurant is classified as a food store and is a conditional use in the CC2 District. The
proposed use requires a public hearing and City Council approval (reference Exhibits G, H, and I).
f
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 64-06 on August 16,2006. The applicant testified at the public
hearing. No objectors spoke at the public hearing. No written correspondence has been submitted.
The Community Development Group submitted a Conditional Use Review,dated August 11,2006.
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 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 for a planned development with respect to the availability of adequate
municipal water, wastewater treatment, and storm water control facilities.
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Findings of Fact Zoning and Subdivision Board
Petition 64-06 August 16, 2006
Findings. The subject property is suitable for the intended conditional use for a 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
conditional use for a planned development 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 for a planned
development with respect to the traffic and parking standard.
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 for a planned development 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 for a planned
development 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
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 for a planned development with respect to consistency and
compatibility with surrounding land use and zoning.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to consistency and compatibility with surrounding land use and
zoning.
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A' •
Findings of Fact Zoning and Subdivision Board
0" Petition 64-06 August 16, 2006
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
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 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.
Findings. The subject property is suitable for the intended conditional use for a planned
development 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 CC1 zoning
district and the residential neighborhoods surrounding the center city. The proposed carryout
restaurant 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.
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 carryout restaurant 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.
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Findings of Fact Zoning and Subdivision Board
ow Petition 64-06 August 16, 2006
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.
A carry out restaurant is classified as a conditional use in the CC2 Center City District.The
intent of the conditional use process is to ensure the protection of public health, safety and
welfare.
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 carryout restaurant will be limited from
4:00 p.m.to 12:00 a.m.The carryout restaurant will be engaged in the pick up and delivery of
pizza only;no seating will be provided.Pizza will not be sold in a manner that will promote
eating or loitering on site.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Community Development Group 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 carryout restaurant will be limited from 4:00 p.m.to 12:00 a.m.The
carryout restaurant will be engaged in the pick up and delivery of pizza only; no
seating will be provided. Pizza 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.
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Findings of Fact Zoning and Subdivision„Irk Petition 64-06 August 16, 2006
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 six (6)yes
and zero(0)no:
1. Substantial conformance to the Statement of Purpose and Conformance for Domino's Pizza
prepared and submitted by Jin H. Ryoo, undated.
2. Substantial conformance to the proposed Floor Plan and Equipment Layout (Sheet No.
A101) and Equipment Schedule and Lobby Elevations (Sheet No. A102) for Domino's
Pizza Store#2792,prepared by Jason Gnich Design Group, and dated July 13,2006,with
revisions dated July 26, 2006.
3. The westerly windows shall be maintained as a display case, designed as approved by the
Community Development Group.
4. Compliance with all other applicable codes and ordinances.
Therefore,the motion to recommend approval was adopted.
Respectfully submitted,
4‘../ Zan °
i�s
Robert Langlois, Chairm rid
Zoning and Subdivision Hearing Board
OgaSe
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
6
DRAFT CONDITIONAL USE ORDINANCE
PETITION 64-06
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EXHIBIT H