G30-18 Ordinance No. G30-18
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL
SERVICE NOT ELSEWHERE CLASSIFIED IN THE AB AREA BUSINESS DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1030 Summit Street, Unit G)
WHEREAS, written application has been made requesting conditional use approval to
establish an amusement and recreational service, not elsewhere classified (establishment for game
playing activities) at 1030 Summit Street, Unit G; and
WHEREAS, the zoning lot with the building containing the premises at 1030 Summit
Street, Unit G is legally described herein (the "Subject Property"); and
WHEREAS,the Subject Property is located within the AB Area Business District and ARC
Arterial Road Corridor Overlay District,and an amusement and recreational service,not elsewhere
classified is listed as a similar use within the AB Area Business District; and
WHEREAS,the amusement and recreational service,not elsewhere classified as described
in the written application for a conditional use at 1030 Summit Street, Unit G is most similar to
the coin operated amusement establishments(7993) listed as a conditional use within the AB Area
Business District; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on May 7, 2018 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning, including, but not limited to,this ordinance granting a conditional use
in the AB Area Business District pertains to the government and affairs of the city.
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 May 7, 2018, and the recommendations made by the Community Development
Department and the Planning&Zoning Commission,a copy of which is attached hereto and made
a part hereof by reference as Exhibit A.
Section 2. That a conditional use for an amusement and recreational service, not
elsewhere classified(establishment for game playing activities) is hereby granted for the property
commonly known as 1030 Summit Street, Unit G and commonly identified by Cook County
Property Identification Number(PIN) 06-07-314-023-0000, and legally described as follows:
THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH,
RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF STATE
ROUTE 58, ACCORDING TO THE PLAT OF DEDICATION THEREOF RECORDED
AS DOCUMENT NO. 11323614, WITH AN EAST LINE OF HIGHFIELD PLACE,
BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED
MARCH 17, 1980 AS DOCUMENT NO. 25393343; THENCE NORTH 00 DEGREES 33
MINUTES 16 SECONDS EAST ALONG AN EAST LINE OF SAID HIGHFIELD PLACE,
702.91 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 7; THENCE NORTH 87 DEGREES 07 MINUTES 45 SECONDS
EAST ALONG SAID LAST DESCRIBED NORTH LINE,BEING ALSO A SOUTHERLY
LINE OF SAID HIGHFIELD PLACE, 342.00 FEET TO THE MOST EASTERLY EAST
LINE OF SAID HIGHFIELD PLA E. BEING ALSO THE SOUTHWEST CORNER OF
LOT 1 IN COBBLER'S CROSSING UNIT 2 BEING A SUBDIVISION IN THE SOUTH
1/2 OF SAID SECTION 7 ACCORDING TO THE PLAT THEREOF RECORDED
MARCH 22, 1989 AS DOCUMENT NO. 89126888;THENCE CONTINUING NORTH 87
DEGREES 07 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 7 AND ALONG THE
NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
7, BEING ALSO THE SOUTH LINE OF LOT 1 IN SAID COBBLER'S CROSSING UNIT
2, 284.89 FEET TO THE WESTERLY LINE OF SHADY OAKS DRIVE IN SAID
COBBLER'S CROSSING UNIT 2; THE FOLLOWING FOUR COURSES ARE ALONG
THE WESTERLY LINE OF SAID SHADY OAKS DRIVE; THENCE SOUTHERLY
ALONG A CURVED LINE CONVEX WESTERLY AND HAYING A RADIUS OF
370.00 FEET, AN ARC DISTANCE OF 126.57 FEET TO A POINT OF TANGENCY IN
SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 02 DEGREES 48 MINUTES
59 SECONDS EAST, 125.96 FEET); THENCE SOUTH 12 DEGREES 36 MINUTES 59
SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED
LINE AT SAID LAST DESCRIBED POINT, 199.20 FEET TO A POINT OF
CURVATURE IN SAID LINE; THENCE SOUTHERLY ALONG A CURVED LINE
CONVEX EASTERLY, HAVING A RADIUS OF 500.00 FEET AND BEING TANGENT
TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC
DISTANCE OF 104.62 FEET TO A POINT OF TANGENCY IN SAID LINE (THE
2
CHORD OF SAID ARC BEARS SOUTH 06 DEGREES 37 MINUTES 19 SECONDS
EAST, 104.43 FEET); THENCE SOUTH 00 DEGREES 37 MINUTES 39 SECONDS
EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT
SAID LAST DESCRIBED POINT 19 .72 FEET TO A POINT 283.00 FEET, AS
MEASURED ALONG THE WESTERLY LINE OF SAID SHADY OAKS DRIVE,
NORTH OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTH
LINE OF STATE ROUTE 58, AFORESAID; THENCE NORTH 70 DEGREES 26
MINUTES 53 SECONDS WEST; 124.65 FEET; THENCE SOUTH 89 DEGREES 22
MINUTES 21 SECONDS WEST, 44.00 FEET; THENCE SOUTH 00 DEGREES 37
MINUTES 39 SECONDS EAST, 362.00 FEET; TO A POINT ON THE NORTH LINE OF
SAID STATE ROUTE 58, SAID POINT BEING 161.00 FEET, AS MEASURED ALONG
SAID NORTH LINE, WEST OF THE INTERSECTION OF SAID NORTH LINE OF
STATE ROUTE 58 WITH THE WESTERLY LINE OF SHADY OAKS DRIVE,
AFORESAID; THENCE SOUTH 89 DEGREES 22 MINUTES 21 SECONDS WEST
ALONG SAID NORTH LINE OF STATE ROUTE 58,537.00 FEET TO THE PLACE OF
BEGINNING, IN COOK COUNTY, ILLINOIS
AND
LOTS 3,4,AND 5 IN HIGHFIELD PLACE,BEING A SUBDIVISION OF PART OF THE
SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN THE COUNTY OF COOK, STATE OF ILLINOIS.
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Games
Workshop Retail, Inc. as applicant, and IN Retail Fund Cobbler Crossing, L.L.C., as
property owner, received March 16, 2018,and supporting documents including:
a. Statement of Purpose and Conformance letter,prepared by Desiree Dorsey, Games
Workshop Retail, Inc., dated March 14, 2018;
b. Plat of Survey,prepared by Edward J. Molloy and Associates, Ltd., dated April, 5,
2012;
c. Proposed Store Layout, prepared by Games Workshop, received March 16, 2018;
and
d. 3-page Sign Plans, prepared by Prestige Sign Group Inc.,dated December 6,2017.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. All street graphics must comply with the zoning ordinance requirements. A separate
sign permit is required for any temporary signage for events organized at the existing
retail store.
3
3. All events organized at the existing retail store must be held on the interior of the
commercial space. A separate temporary use permit is required for the use of outdoor
premises for any event organized at the existing retail store.
4. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
•
. . ash. .
David J. Ka i n, ► ayor
Presented: June 27, 2018
Passed: June 27, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 27, 2018
Published: June 28, 2018 f oft M„
Att-:t: z a( `
•
Kimberly Dewis, C.• C •
4'471
4
EXHIBIT A
May 7, 2018
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 06-18, an application by
Games Workshop Retail, Inc. as applicant, and IN Retail Fund Cobbler Crossing, L.L.C., as
property owner, are requesting a conditional use to establish an amusement and recreational
service not elsewhere classified (establishment for game-playing activities) at the property
commonly referred to as 1030 Summit Street,Unit G, zoned AB Area Business District and ARC
Arterial Road Corridor Overlay District.
GENERAL INFORMATION
Petition Number: 06-18
Property Location: 1030 Summit Street, Unit G
Requested Action: Conditional Use for amusement and recreational service not
elsewhere classified
Current Zoning: AB Area Business District&
ARC Arterial Road Corridor Overlay District
Proposed Zoning: No change. AB Area Business District&
ARC Arterial Road Corridor Overlay District
Existing Use: Commercial retail store
Proposed Use: Commercial retail store with amusement and recreational service
(establishment for gaming assembly)
Applicant: Games Workshop Retail, Inc.
Owner IN Retail Fund Cobbler Crossing, L.L.C.
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Games Workshop Retail, Inc. as applicant, and IN Retail Fund Cobbler Crossing, L.L.C., as
property owner, are requesting a conditional use to establish an amusement and recreational
service not elsewhere classified (establishment for game-playing activities) at the property
commonly referred to as 1030 Summit Street, Unit G.
The 1,600-square foot commercial space is located in the Cobbler Crossing shopping center at the
northeast corner of Summit Street and Waverly Drive. The subject commercial space, part of the
multi-tenant commercial building, is located between Panda restaurant and Elgin Dental
Associates medical office. The shopping center is anchored by Jewel grocery store and includes
527 parking spaces. Three outlots located along Summit Street are also part of the shopping center
and include two banks (Chase Bank and Fifth Third Bank) and Taco Bell restaurant.
The applicant is requesting conditional use approval to be able to host game-playing events,hobby
demonstration classes, and other events associated with the Warhammer fantasy board game. The
applicant opened the Warhammer retail store in March of 2018. The hobby store sells collectible
fantasy miniatures, table-top games, and other game accessories.
The current hours of operation, which are not proposed to change, are 12:00 pm — 8:00 pm
Wednesday through Friday, 11:00 am — 8:00 pm Saturday, and 12:00 pm — 5:00 pm on Sunday.
The store employs one employee. The applicant states there are approximately ten customers
during peak time. The applicant anticipates organizing approximately 25 events per month with
up to 30 participants for each event. All events would take place on the interior of the retail store.
- 2 -
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
- 1
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Figure 2:Proposed Floor Plan
The applicant is not proposing any interior or exterior changes to the existing store. The proposed
use is required to provide a total of 6 parking spaces (one space per 250 square feet). With the
proposed use and other existing tenants within the shopping center,the property is required to have
a total of 512 parking spaces. With 527 parking spaces on site, the property will continue to meet
the parking requirement. Adequate parking is available on site to absorb any additional parking
demand generated during the proposed events.
The proposed amusement and recreational service, not elsewhere classified (establishment for
game-playing activities) is listed as a similar use in the AB Area Business District, and is allowed
as a conditional use, requiring the review and recommendation by the Planning and Zoning
Commission and approval by the City Council.
The Community Development Department offers the following additional information:
A. Property History.The subject property was annexed to the city in 1970. Upon annexation,
the property was zoned B3 Service Business District. The property was first subdivided for
commercial development in the 1980s,but was later resubdivided for the existing Cobbler
Crossing shopping center in 1994.
In 1992, the property was rezoned to AB Area Business District as part of the
comprehensive amendment to the zoning ordinance. The existing multi-tenant commercial
building was completed in 1992. In 2001, the property became part of the ARC Arterial
Road Corridor Overlay District.
B. Surrounding Land Use and Zoning. The properties to the west and south are also zoned
AB Area Business District, and are part of the ARC Arterial Road Corridor Overlay
District.The property to the west, across Waverly Drive is currently vacant. One of the two
properties immediately to the south across Summit Street is improved with a medical office
- 3 -
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
building, while the other property is unimproved and vacant. Several other one-story
commercial buildings are located adjacent to the subject property as commercial outlots
along Summit Street, and are home to two commercial banks (Chase Bank and Fifth Third
Bank) and one restaurant(Taco Bell).
The properties to the north across Jefferson Avenue and properties to the east across North
Shady Oaks Drive are zoned PRC Planned Residence Conservation District, and are
improved with multi-family residences.
C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by
the City's 2005 Comprehensive Plan. Areas designated Highway Commercial typically
serve surrounding neighborhood areas,but also larger trade areas connected by the arterial
street system. They may include all of the commercial uses found in the mixed-use centers.
In addition,they typically include highway-serving uses such as fast food restaurants,auto-
oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone
retail uses. These commercial areas are generally auto dominated with few pedestrian
amenities.
D. Zoning District. The purpose and intent of the AB Area Business District is to provide
commodities and services to several neighborhoods, and in some instances to a
communitywide or regional supporting population. AB zoning district are limited by the
applicable site design regulations to an intermediate scale of development relative to NB
neighborhood business districts and the CC1 center city district.
E. Trend of Development. The subject property is located on the east side of the city along
Summit Street. The commercial area along Summit Street near the intersection of Summit
Street and Waverly Drive has developed as the primary commercial area serving the
residents on the east side of the city. The Cobbler Crossing shopping center at the northeast
corner of Summit Street and Waverly Drive,where the subject commercial space is located,
includes a large grocery store(Jewel food store)and several other retail and restaurant uses,
including Subway restaurant, Chicago Pizza Authority restaurant, a dollar discount store,
and a dry cleaning service, among others. The three outlots part of the shopping center
include two commercial banks (Chase Bank and Fifth Third Bank) and Taco Bell
restaurant. Staff anticipates the properties along Summit Street will continue to be occupied
and developed with auto-oriented commercial uses which provide services to the adjacent
neighborhoods and residents from a larger area as well.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 06-18 on May 7, 2018. Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
- 4 -
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
Conditional Use and Written Findings&Recommendation to the Planning&Zoning Commission
dated May 7, 2018.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within § 19.65.030:
STANDARDS FOR CONDITIONAL USE
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
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements.The subject property is a commercial space part of the larger multi-
tenant commercial shopping center. The applicant is already operating a Warhammer retail
store selling fantasy board games and accessories. The applicant is not proposing to make
any changes to the existing store layout to accommodate the proposed gaming events. The
proposed assembly use for gaming activities would take place on the interior of the existing
retail store,which is similar to other retail uses within the shopping center.No existing site
features including topography, watercourses, vegetation, and property improvements exist
that would have a negative impact on the proposed conditional use.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property is served by municipal water, sanitary sewer, and storm water systems. The
applicant is not proposing any changes to the existing sewer and water utilities or to the
storm water control facilities. The existing sewer, water, and storm water facilities can
adequately service the proposed use.
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 provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The shopping center has one restricted (right-in and right-
- 5 -
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
out) access to Summit Street, and two full access driveways, one to North Shady Oaks
Drive on the east and the second to Waverly Drive on the west side of the property. North
Shady Oaks Drive and Waverly Drive streets provide full access to Summit Street. With
the three access driveways, the shopping center maintains a safe and efficient on-site and
off-site vehicular circulation.
Per the zoning ordinance, the existing 1,600-square foot retail store is required to provide
six parking spaces. With the existing mix of uses in the shopping center, the property is
required to have a total of 513.parking space. With a total of 527 parking spaces on site,
the property will continue to meet the parking requirement.Any additional parking demand
generated during gaming events can be absorbed by the existing parking lot, which is
largely underutilized even during the peak times. The property would continue to have
adequate parking and traffic configuration.
D. 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 intent of the
zoning ordinance. The applicant is not proposing to make any exterior changes to the
building or the site.No evidence has been submitted or found that the proposed conditional
use for assembly of people for gaming activities would be operated in a manner that will
exercise any undue detrimental impact on surrounding properties. The applicant states that
no more than 30 participants are expected to attend any gaming events.
All gaming events would take place during normal business hours, which are 12:00 pm —
8:00 pm Wednesday through Friday, 11:00 am — 8:00 pm on Saturday, and 12:00 pm —
5:00 pm on Sunday. The hours of operation of the existing retail store are similar to the
hours of operation of other retail stores and restaurants within the shopping center.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
- 6 -
Recommendation & Findings of Fact
Petition 06-18
May 7, 2018
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 06-18, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Games Workshop
Retail, Inc. as applicant, and IN Retail Fund Cobbler Crossing, L.L.C., as property owner,
received March 16, 2018, and supporting documents including:
a. Statement of Purpose and Conformance letter, prepared by Desiree Dorsey, Games
Workshop Retail, Inc., dated March 14, 2018;
b. Plat of Survey, prepared by Edward J. Molloy and Associates, Ltd., dated April, 5,
2012;
c. Proposed Store Layout, prepared by Games Workshop,received March 16, 2018; and
d. 3-page Sign Plans, prepared by Prestige Sign Group Inc., dated December 6, 2017.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. All street graphics must comply with the zoning ordinance requirements. A separate sign
permit is required for any temporary signage for events organized at the existing retail
store.
3. All events organized at the existing retail store must be held on the interior of the
commercial space. A separate temporary use permit is required for the use of outdoor
premises for any event organized at the existing retail store.
4. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was six (6) yes, zero(0)no,
and zero (0) abstentions. One member was absent.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
- 7 -
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EXHIBIT A Aerial/Location Map
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EXHIBITS Zoning Map N
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Map prepared by City of Elgin 0 120 240 480 720 960
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Subject Property 44k
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Petition 06-18
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EXHBIIT C Parcel Map N
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EXHIBIT D
SITE LOCATION
1030 Summit St, Unit G
Petition 06-18
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EXHIBIT D
SITE LOCATION
1030 Summit St, Unit G
Petition 06-18
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EXHIBIT D
SITE LOCATION
1030 Summit St, Unit G
Petition 06-18
V ARHAMMER
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Cobbler Crossing Shopping Center — West End
Cobbler Crossing Shopping Center — East End