G07-11 Ordinance No. G7-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A SHARED KITCHEN FACILITY
FOR THE USE OF FOOD SERVICE CONTRACTORS
IN THE GI GENERAL INDUSTRIAL DISTRICT
(1544 Fleetwood Drive)
WHEREAS, written application has been made requesting conditional use approval for a
shared kitchen facility for the use of food service contractors in the GI General Industrial
District; 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 December 1, 2010, 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 establishment of a shared kitchen
facility for the use of food service contractors in the GI General Industrial District at 1544
Fleetwood Drive and legally described as follows:
That Part of Lot 1, Block A of Burnidge Brothers Industrial Park Block 1 and
Block B of Unit 1 According to the Plat thereof Recorded in the Recorder's Office
of Kane County as Document 1014426 Described as Follows: Commencing at the
Southwest Corner of Said Lot 1; Thence Northerly Along the West Line of Said
Lot 361.78 Feet to the North Line of the Southwest 1/4 of Section 22, Township 41
North, Range 8, East of the Third Principal Meridian as shown on Said Document;
thence Easterly Along the Said North Line 267.65 Feet; Thence Southerly Parallel
with the West Line of Said Lot 183.83 Feet to the Point t That is 183.83 Feet
Northerly of the South Line of Said Lot for a Point of Beginning; Thence
Continuing Southerly Parallel with Said West Line 183.83 Feet to the South Line
of Said Lot; Thence Westerly Along Said South Line 267.59 Feet to Said Corner;
Thence Northerly Along Said West Line 180.89 Feet; Thence Easterly 267.61 Feet
to the Point of Beginning, in the City of Elgin, Kane County, Illinois (Property
Commonly Known as 1544 Fleetwood Drive).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Tim Kellenberger, dated November 15, 2010.
2. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
3. Compliance with all 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.
s/Ed Schock
Ed Schock, Mayor
Presented: February 9, 2011
Passed: February 9, 2011
Vote: Yeas: 6 Nays: 0
Recorded: February 10, 2011
Published: February 11, 2011
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
December 1, 2010
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 32-10 Requesting a Conditional Use in the GI General Industrial
District, to Permit the Establishment of a Shared Kitchen Facility for the Use of Food Service
Contractors; Property Located at 1544 Fleetwood Drive, by Tim and Marcia Kellenberger, as
Applicants, and Tim Kellenberger, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: GI General Industrial District
Existing Use: Vacant Commercial Tenant Space
Property Location: 1544 Fleetwood Drive
Applicant: Tim and Marcia Kellenberger
Owner: Tim Kellenberger
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 Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 32-10 December 1, 2010
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Tim and Marcia Kellenberger, requesting a conditional use to
permit the establishment of a shared kitchen facility in the GI General Industrial District. The
subject property is located at 1544 Fleetwood Drive (reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a shared kitchen facility at the subject property. The
proposed facility will occupy a 2,500 square foot vacant tenant space currently available within
the 16,199 square foot concrete industrial building on site. The facility will operate 24 hours a
day, 7 days a week. Shared kitchen facilities are conditional uses in the GI General Industrial
District, and require a public hearing and City Council approval (reference Exhibits F, G, and H).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 32-10 on December 1, 2010. The applicant testified at
the public hearing and presented documentary evidence in support of the application. No --
objectors to the petition were present. The Community Development Group submitted a
Conditional Use Review dated November 24, 2010.
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
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings. The subject property is suitable for the intended conditional use with respect
to the site characteristics standard.
The subject property is comprised of a 49,800 square foot, regularly shaped lot. The
property is developed with a concrete industrial building and off-street parking. The
proposed commercial kitchen establishment will occupy a 2,500 square foot vacant tenant
space within the existing industrial building.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 32-10 December 1, 2010
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, sanitary sewer and storm water
control facilities.
C. Traffic and Parking Standard. The availability 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 property is located at the northeast corner of Fleetwood Drive and Shepard Drive on
the west side of Elgin. The industrial subdivision is bounded by U.S. Route 20 and Weld
Road to the north and McLean Boulevard to the east.
Fleetwood Drive and Shepherd Drive are local streets that serve the subject property and
the industrial subdivision. U.S. Route 20 is a limited access regional arterial that serves
southwestern Elgin and the surrounding region. Weld Road is a local frontage road for
U.S. Route 20. McLean Boulevard is an arterial road serving the west side of Elgin.
Off street parking will be provided in conformance with the off street parking ordinance.
D. 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 "Office/Research/Industrial" by the City's
Comprehensive Plan and Design Guidelines dated 2005. The Office/Research/Industrial
designation allows for a variety of industrial, manufacturing, assembly, warehouse,
distribution, research, and development, technology, corporate and support office and
limited employee-serving retail uses. These activities typically locate in business parks.
Appropriate locations offer direct access to the arterial street system, and are in close
proximity to highways, the freeway system and interchanges.
The subject property fits the "Office/Research/Industrial" Comprehensive Plan
designation.
E. 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 to
promote the purpose and intent of this title and chapter.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 32-10 December 1, 2010
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 intent 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.
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.
Positive Attributes: The shared kitchen facility will provide affordable commercial
kitchen space for rent, on an hourly basis, to the residents of Elgin and to surrounding
areas. The facility will remain open 24 hours a day, seven days a week. No direct sale of
food is intended to be carried out at the facility.
The shared kitchen will provide services to start-up culinary enterprises, already
established culinary businesses looking to expand, developing chefs attending school,
chefs starting out after graduation, and small business owners first starting out or
expanding in their businesses but who don't have the ability to financially invest in the
commercial kitchen they need for the preparation of food. The zoning ordinance does not
permit the commercial handling or preparation of food in a person's home as part of a
residential business occupation. A shared kitchen facility will therefore provide the
opportunity to provide this service not otherwise available to the community.
The shared kitchen will be divided into several separate workstations and will include a
catering kitchen and a pastry kitchen. A ware-washing area, walk-in cooler and storage
space will also be provided. It is anticipated that 2 to 3 people will work within the
kitchen space at any given time during normal work hours and will cause an increase in
parking demand of not more than 2 to 3 stalls for 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 32-10 December 1, 2010
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 32-10. On a
motion to recommend approval of the conditional use, subject to the following conditions, the
vote was five (5) yes, zero (0) no, and one (1) abstention:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Tim Kellenberger, dated November 15, 2010.
2. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
3. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 32-10 was adopted.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Dave Waden
Dave Waden, Secretary
Zoning and Subdivision Hearing Board
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