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HomeMy WebLinkAboutG1-23 Ordinance No. G1-23 AN ORDINANCE AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G21-98, AS AMENDED BY ORDINANCE NO. G35-13 (800—900 South Mclean Boulevard) WHEREAS, the territory described herein has been classified in the PNB Planned Neighborhood Business District, and is subject to the requirements of Ordinance No. G21-98; and WHEREAS, by adopting Ordinance No. G35-13 on August 28, 2013, the City Council amended Ordinance No. G21-98,to permit the installation of an above ground propane tank in the street yard of the Subject Property located at 826 South McLean Boulevard; and WHEREAS, written application has been made to further amend certain provisions of Ordinance No. G21-98, as amended by Ordinance No. G35-13, to allow a departure from the parking requirements for an amusement and recreation service not elsewhere classified, more specifically a skate park, with a commercial event space for activities pertaining to the assembly of people, and for future permitted uses within the McLean Plaza Shopping Center at 800 - 900 S. McLean Boulevard; and WHEREAS,the zoning lot containing the premises at 800 - 900 S. McLean Boulevard, is legally described in Section 1 of Ordinance No. G21-98 (the"Subject Property"); and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and 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 and 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 an amendment to the PNB Planned Neighborhood Business District Ordinance No. G21-98, as amended by Ordinance No. G35-13, 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 December 5, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 2. G. of Ordinance No. G21-98, which regulates "Off-street Parking" in the PNB Planned Neighborhood Business District of the Subject Property, is hereby amended in its entirety to read as follows: H. Off Street Parking. In this PNB Planned Neighborhood Business District, off-street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure is hereby granted to allow the establishment of any use classified as a permitted use in the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended, on the Subject Property, without the requirement to provide additional parking spaces, provided a minimum of 167 parking spaces are located on the Subject Property. 2. Notwithstanding condition 1. above, a departure is hereby granted to allow the establishment of an amusement and recreational service not elsewhere classified,more specifically a skate park,with a commercial event space for activities pertaining to the assembly of people at 820 S. McLean Boulevard on the Subject Property without the requirement to provide additional parking spaces,provided a minimum of 167 parking spaces are located on the Subject Property. Section 3. That except as amended herein,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G21-98, as amended by Ordinance No. G35-13. In the event of any conflict between this ordinance, Ordinance No. G21-98 and Ordinance No. G35-13,this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. KaptA6, Wyor - 2 - Presented: January 11, 2023 Passed: January 11, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 11, 2023 Published: January 11, 2023 Attest: VV 1 ry Kimberly Dewis, Ci erk ; ' .. - 3 - EXHIBIT A December 5, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petitions 44-22 and 50-22, an application by Ian Nathan/12N Inc, as applicant, and Spartan-Elgin, LLC, as property owner, are requesting approval of an amendment to PNB Planned Neighborhood Business District Ordinance No. G21-98, as previously amended by Ordinance No. G35-13 with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces, and any other departures as may be necessary or desirable, and a conditional use to permit: (1) an amusement and recreation service not elsewhere classified, more specifically an indoor skatepark, and (2) a commercial event space for activities pertaining to the assembly of people, all of which at the property commonly referred to as 820 S. McLean Boulevard. GENERAL INFORMATION Petition Numbers: 44-22 and 50-22 Property Location: 820 S. McLean Boulevard Requested Action: Map Amendment to Planned Development Ordinance No. G21-98, as amended by Ordinances No. G35-13, and conditional use Current Zoning: PNB Planned Neighborhood Business District Ordinance No. G21- 98, as amended by Ordinance No. G35-13 and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change.PNB Planned Neighborhood Business District and ARC Arterial Road Corridor Overlay District Existing Use: Retail store(clothing store)and vacant commercial space Proposed Use: Retail store, amusement and recreational service, not elsewhere classified(indoor skate park)and a commercial event space Applicant Ian Nathan/I2N Inc. dba Syndicate Recommendation & Findings of Fact Petitions 44-22& 50-22 December 5, 2022 Owner: Spartan-Elgin LLC Staff Coordinator: Denise Momodu, Associate Planner Exhibits Attached: A. Aerial/Location Man B. Zoning Man C. Parcel May D. Site Location E. Development Application and Attachments F. Draft Ordinances BACKGROUND Ian Nathan/I2N Inc, as applicant, and Spartan-Elgin, LLC, as property owner, are requesting approval of an amendment to PNB Planned Neighborhood Business District Ordinance No. G21- 98, as previously amended by Ordinance No. G35-13 with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces,and any other departures as may be necessary or desirable,and a conditional use to permit:(1)an amusement and recreation service not elsewhere classified,more specifically an indoor skatepark,and(2)a commercial event space for activities pertaining to the assembly of people, all of which at the property commonly referred to as 820 S. McLean Boulevard. The subject property is a 13,500-square foot commercial tenant space part of 4.5-acre McLean Plaza shopping center. The shopping center consists of one 44,600-square foot multi-tenant building located on the west side of S. McLean Boulevard between College Green Drive on the north and Torrey Pines Drive on the south.The subject tenant space is near the middle of building's frontage along S. McLean Boulevard. The building is surrounded by a surface parking lot with 167 parking spaces. The property has one right-in-right-out access driveway on S. McLean Boulevard and two full access driveways each on College Green Drive and Torrey Pines Drive. The existing building tenants include to Emily's Mexican Grill restaurant,Bungee's Tire and Auto motor vehicle repair shop, Illinois spine and disc, a medical office, and Hyr-up solutions, an employment agency.Approximate 18,100 square feet is currently vacant. If the proposed skatepark is approved, there would still remain approximately 4,600 square feet of vacant floor area within the building. -2 - Recommendation & Findings of Fact Petitions 44-22& 50-22 December 5, 2022 The property to the north across College Green Drive is zoned PNB Planned Neighborhood Business District and is improved with two multi-tenant one-story commercial buildings. Existing tenants include a restaurant,retail cleaners service, a martial arts school, and Fox Valley Shooting Range. The property to the south across Torrey Pines Drive is zoned + ' NB Neighborhood Business District and is improved with a one-story commercial building home to - Armanetti's Wine and Spirits liquor store, The Glass Market tobacco shop, and UR ' Boxing, a boxing e r studio physical fitness ___ _ . ��► r facility. The property Yvto the east across S. Figure 2:Site area map with zoning overlay McLean Boulevard is zoned ORI Office Research Industrial District but is improved with several mobile home dwellings. The properties adjacent to the west are zoned RC1 Residence Conservation District and are improved with single-family residences part of the College Green Subdivision. Proposal The applicant is requesting approval to establish an indoor street style skatepark and a commercial event space within the existing 13,500-square foot commercial tenant space at 820 S. McLean Boulevard.The facility would also have a small retail component selling t-shirts,shoes,hats,bags, and similar retail items. The hours of operation would be from 12 pm to 10 pm Monday through Sunday. There will be a daily entry fee. The applicant is proposing minor interior renovation such as bathroom upgrades, and to create an office space. No exterior changes to the building or the site are proposed. The ramps and platforms for skating will be designed as modular components which can be moved throughout the skate park as needed. The skate park will also have vending machines offering water,drinks, and snacks for sale - 3 - Recommendation& Findings of Fact Petitions 44-22& 50-22 December 5,2022 r7i -------: :----- :'N ........................._................................... ------- r--- ---------- r-------------- r-------------- r-------------- TT Figure 3:Proposed floor plan The facility may also hold special events,such as birthday parties,skate competitions,fundraisers, etc. There would be no seating area for observation. Parking The proposed skate park is required to provide one parking space per every 4 persons, plus one parking space per employee. With an occupancy load of 249 persons total and 5 employees during the busiest time, the facility is required to have 67 parking spaces. With the proposed skate park and the existing mix of tenants, the shopping center is required to have a total of 197 parking spaces. With 167 parking spaces on site, the shopping center does not meet the parking requirement. Approximately 18,100 square feet of the 44,600-square foot building is currently vacant.If the proposed skate park is approved,there would still remain approximately 4,600 square feet of vacant floor area within the building. If all the vacant space is occupied by general office or general retail uses,which require one parking space per 250 square feet of floor area,the entire shopping center would be required to have a total of 216 parking spaces. With 167 parking spaces on site,the shopping center would not meet the parking requirement. The actual parking demand of the tenants in the shopping center is far less than the zoning ordinance requirement. Staff counted parking demand on a normal weekday afternoon and found that the existing tenants--which were all open--only generated demand for 36 of the 167 parking spaces(or 22 percent). The proposed skate park is expected to have its busiest time on weekends when most other tenants are closed. The shopping center has adequate parking to meet the needs of all existing tenants and any future permitted business. If the departure from the parking requirement is approved, it would save 60-90 days of the zoning application review process for the next permitted use wishing to move into the shopping center. Such departure from the parking requirement would allow any permitted uses to establish occupancy within the shopping center. -4- Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5, 2022 The requested parking departure is summarized in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1.Detail of the Parking Departure for McLean Plaza Shopping Center Requirement Proposal 197 parking spaces based on existing tenants and the proposed skate park; #of parking spaces 216 parking spaces based on 167(existing on site) required existing tenants,the proposed skate park, and if the remaining vacant tenant space is occupied by general retail or office uses The proposed indoor skate park(amusement and recreation services not elsewhere classified) and a commercial event space for the activities pertaining to the assembly of people are listed as conditional uses in the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended by Ordinance No. G35-13, and require a 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 as part of the Rossiter's Property annexation. Upon annexation, the property was zoned B 1 Retail Business District.In 1992,it was rezoned to PNB Planned Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. In 1998, the property was reclassified into a new PNB Planned Neighborhood Business District by Ordinance No. G21-98 to allow for the construction of the existing building. Later in 1998, Ordinance No. 100-98 granted conditional use approval for the existing motor vehicle repair shop(Bungee's)at 826 S. McLean Boulevard. In 2000, Ordinance No. G71-00 granted approval for a package liquor sale establishment (liquor store) at 824 S. McLean Boulevard, and in 2013 Ordinance No. G35-13 amended PNB Ordinance No.G21-98 to allow for the construction of an above ground propane tank in the street yard for Bungee's Tire and Auto repair shop. In 2018, the city approved a conditional use for a self-defense training school by Ordinance No. G44-18. And the most recent conditional approval by Ordinance No.G60-22,granting Emily's restaurant to serve wine and beer to their customers. -5 - Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5,2022 B. Surrounding Land Use and Zoning. The property to the north across College Green Drive is zoned PNB Planned Neighborhood Business District and is improved with two multi-tenant one-story commercial buildings. Existing tenants include a restaurant, retail cleaners service, a martial arts school, and Fox Valley Shooting Range (currently under construction). The property to the south across Torrey Pines Drive is zoned NB Neighborhood Business District and is improved with a one-story commercial building home to Armanetti's Wine and Spirits liquor store, The Glass Market tobacco shop, and UR Boxing, a boxing studio physical fitness facility.The property to the east across S. McLean Boulevard is zoned ORI Office Research Industrial District but is improved with several mobile home dwellings. The properties adjacent to the west are zoned RC 1 Residence Conservation District and are improved with single-family residences part of the College Green Subdivision. C. Comprehensive Plan. The subject property is designated as Neighborhood Commercial by the City's 2018 Comprehensive Plan. The neighborhood commercial land uses provide goods and services to local residents and serve day-to-day needs.Uses may include grocery stores, professional offices, retail shops, and local service providers. Development within neighborhood commercial areas should be compatible with and reflect the scale and character of the surrounding neighborhood. Mixed-use development should be encouraged within neighborhood commercial areas. D. Zoning District. The purpose and intent of the PNB Planned Neighborhood Business District established by Ordinance No. G21-98 as previously amended by Ordinance No. G35-13 is to provide for a planned commercial area supplying daily convenience commodities and services to a neighborhood population. A PNB zoning district is most similar to but departs from the standard requirements of the NB zoning district. E. Trend of Development. The subject property is located on the west side of S. McLean Boulevard south of US Highway 20 between College Green Drive on the north and Torrey Pines Drive on the south. The properties along this section of S. McLean Boulevard are generally developed with commercial uses serving the surrounding neighborhoods, and light industrial and warehousing uses serving the larger community. The subject property also serves as the buffer between the heavily travelled arterial road (South McLean Boulevard)and the established single-family residential neighborhood to the west. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petitions 44-22 and 50-22 on December 5, 2022. Testimony was presented at the public hearing in support of the application. The Community Development -6- Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5,2022 Department submitted a Development Application Review and Written Findings & Recommendation to the Planning&Zoning Commission dated December 5, 2022. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined within § 19.60.040, standards for map amendments outlined within § 19.55.030, and standards for conditional uses outlined within§ 19.65.030: STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The proposed indoor skate park facility would occupy an existing 13,500-square foot vacant commercial space within the existing multiple-tenant shopping center. The applicant is not proposing to make any exterior changes to the building or the site.The property is fully developed.No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed use. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities.The property and the subject commercial space are currently served by municipal water,sanitary sewer,and storm water systems.The applicant is not proposing any changes to the existing sewer and water utilities, except for the necessary changes to the bathroom facilities. The existing sewer, water, and stormwater facilities can adequately service the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SRI system. -7- Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5, 2022 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The shopping center was originally developed in 1998 with direct access to three adjacent roadways: right-in-right-out access driveway on S. McLean Boulevard on the east, and two full access driveways each on College Green Drive on the north and Torrey Pines Drive. on the south. With multiple access driveways and a signalized intersection at S. McLean Boulevard and College Green Drive, the property maintains a safe and efficient on-site and off-site vehicular circulation. The proposed indoor skatepark is located near the middle of the building's frontage along S. Mclean Boulevard and will benefit from having a direct access to S. McLean Boulevard. The proposed skate park is required to provide one parking space per every 4 persons,plus one parking space per employee. With a total occupancy load of 249 persons and 5 employees during the busiest time, the facility is required to have 67 parking spaces. With the proposed skate park facility and the existing mix of tenants, the shopping center is required to have a total of 197 parking spaces. With 167 parking spaces on site, the shopping center does not meet the parking requirement.Approximately 18,1 00-square feet of the shopping center floor area is currently vacant. The applicant is requesting approval of a departure from the parking requirement to allow the establishment of the proposed use without the need to provide additional parking.With the property being fully developed, there is no room to construct or stripe additional parking spaces on site. The actual parking demand of the tenants in the shopping center is far less than the zoning ordinance requirement. Staff counted parking demand on a normal weekday afternoon and found that the existing tenants -- which were all open -- only generated demand for 36 of the 167 parking spaces (or 22 percent). The proposed skate park is expected to have its busiest time on weekends when most other tenants are closed. The shopping center has adequate parking to meet the needs of all existing tenants and any future permitted business. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or - 8 - Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5,2022 unused in its current zoning district. Findings. The property is suitable for the intended 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 annexed to the city in 1970 as part of the Rossiter's Property annexation.Upon annexation,the property was zoned B 1 Retail Business District. In 1992, it was rezoned to PNB Planned Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. In 1998, the property was reclassified into a new PNB Planned Neighborhood Business District by Ordinance No. G21-98 to allow for the construction of the existing building. Later in 1998, Ordinance No. 100-98 granted conditional use approval for the existing motor vehicle repair shop(Bungee's)at 826 S.McLean Boulevard. In 2000, Ordinance No. G71-00 granted approval for a package liquor sale establishment (liquor store) at 824 S. McLean Boulevard, and in 2013 Ordinance No. G35-13 amended PNB Ordinance No.G21-98 to allow for the construction of an above ground propane tank in the street yard for Bungee's Tire and Auto repair shop. In 2018, the city approved a conditional use for a self-defense training school by Ordinance No. G44-18. And the most recent conditional approval by Ordinance No. G60-22, granted Emily's restaurant to serve wine and beer to their customers. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning.The shopping center is zoned PNB Planned Neighborhood Business District established by Ordinance No.G21- 98 in 1998, as previously amended by Ordinance No. G35-13. The property to the north across College Green Drive is zoned PNB Planned Neighborhood Business District and is improved with two multi-tenant one-story commercial buildings. Existing tenants include a restaurant, retail cleaners service, a martial arts school, and Fox Valley Shooting Range (currently under construction). The property to the south across Torrey Pines Drive is zoned NB Neighborhood Business District and is improved with a one-story commercial building home to Armanetti's Wine and Spirits liquor store, The Glass Market tobacco shop, and UR Boxing, a boxing studio physical fitness facility.The property to the east across S. McLean Boulevard is zoned ORI Office Research Industrial District but is improved with several mobile home dwellings. The properties adjacent to the west are zoned RC I Residence Conservation District and are -9- Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5,2022 improved with single-family residences part of the College Green Subdivision and accessory parking lot. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located on the west side of S. McLean Boulevard south of US Highway 20 between College Green Drive on the north and Torrey Pines Drive on the south. The properties along this section of S. McLean Boulevard are generally developed with commercial uses serving the surrounding neighborhoods, and light industrial and warehousing uses serving the larger community. The subject property also serves as the buffer between the heavily travelled arterial road (South McLean Boulevard)and the established single-family residential neighborhood to the west. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district 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 planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district.The property was zoned PNB Planned Neighborhood Business District by Ordinance No.G21-98,which enabled the construction of the existing building. The purpose of the PNB Planned Neighborhood Business District established by Ordinance No. G21-98 is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments,of the Elgin Municipal Code, 1976 as amended.The applicant is not proposing any exterior changes to the existing building or the site. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Neighborhood Commercial by the City's 2018 Comprehensive Plan.The neighborhood commercial land uses provide goods and services to local residents and serve day-to-day needs. Uses may include grocery stores, professional offices, retail shops, and local service providers. Development within neighborhood commercial areas should be compatible with and reflect the scale and character of the surrounding neighborhood.Mixed-use development should be encouraged within neighborhood commercial areas. - 10- Recommendation& Findings of Fact Petitions 44-22 & 50-22 December 5,2022 ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS 1. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development as a conditional use. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses,wetlands,and vegetation.There are no significant natural features,including topography,watercourses, wetlands, and vegetation located on the property. The property is fully improved with a multiple-tenant shopping center and accessory parking lots.There are no existing watercourses or property improvements that would have a negative impact on the proposed use on the property. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The applicant is proposing to establish an indoor skate park with a commercial event space and a small retail component within the vacant tenant space at 820 S. McLean Boulevard.The hours of operation would be 12 pm— 10 pm Monday through Sunday. The proposed hours of operation are similar to those of other existing businesses.The proposed use would not have any negative effect on the other businesses within the shopping center or the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departure from the requirements of the PNB Planned - 11 - Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5, 2022 Neighborhood Business District Ordinance No. G21-98, as amended by Ordinances No. G35-13, and the zoning ordinance: 1. Section 19.45.070, "Table of Required Parking". With the existing mix of uses and the proposed indoor skate park,the shopping center is required to have 197 parking spaces. If the reminder of the building is occupied by general retail or office uses, the parking requirement would be 219 parking spaces. The applicant is proposing to maintain the existing 167 parking spaces on site. Staff finds the proposed departure is appropriate and necessary to continue filling up the shopping center. With the property being fully developed, there is no room to construct additional parking spaces on site.The applicant has demonstrated that the current parking demand is far below the regulatory parking requirement. With the proposed skate park and the existing mix of tenants, the shopping center is required to have a total of 197 parking spaces. Approximately 18,100 square feet of the 44,600-square foot building is currently vacant. If the proposed skate park is approved, there would still remain approximately 4,600 square feet of vacant floor area within the building. If all the vacant space is occupied by general office or general retail uses,which require one parking space per 250 square feet of floor area, the entire shopping center would be required to have a total of 216 parking spaces. The actual parking demand of the tenants in the shopping center is far less than the zoning ordinance requirement. Staff counted parking demand on a normal weekday afternoon and found that the existing tenants--which were all open--only generated demand for 36 of the 167 parking spaces (or 22 percent). The proposed skate park is expected to have its busiest time on weekends when most other tenants are closed. The shopping center has adequate parking to meet the needs of all existing tenants and any future permitted business. If the departure from the parking requirement is approved, it would allow the proposed skate park to be established, and it would allow any future permitted use to be established without the need to provide additional parking. The proposal would save 60-90 days of the zoning application review process for the next permitted use wishing to move into the shopping center. 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. - 12 - Recommendation & Findings of Fact Petitions 44-22& 50-22 December 5, 2022 Findings.The subject property is suitable for the intended conditional use with respect to its size,shape,significant features including topography,watercourses,and vegetation,and existing improvements. The proposed indoor skatepark facility would occupy an existing 13,500-square foot vacant commercial space within the existing multiple-tenant building known as McLean Plaza shopping center. The applicant is not proposing to make any exterior changes to the building or the site. The property is fully developed. 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 and the subject commercial space are currently served by municipal water, sanitary sewer,and storm water systems.The applicant is not proposing any changes to the existing sewer and water utilities, except for the necessary changes to the bathroom facilities. The existing sewer, water, and stormwater 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 was originally developed in 1998 with direct access to three adjacent roadways: right-in-right-out access driveway on S. McLean Boulevard on the east, and two full access driveways each on College Green Drive on the north and Torrey Pines Drive. on the south. With multiple access driveways and a signalized intersection at S. McLean Boulevard and College Green Drive, the property maintains a safe and efficient on-site and off-site vehicular circulation. The proposed indoor skatepark is located near the middle of the building's frontage along S. Mclean Boulevard and will benefit from having a direct access to S. McLean Boulevard. The proposed skate park is required to provide one parking space per every 4 persons,plus one parking space per employee. With a total occupancy load of 249 persons and 5 employees during the busiest time, the facility is required to have 67 parking spaces. With the proposed skate park facility and the existing mix of tenants, the shopping center is required to have a total of 197 parking spaces. With 167 parking spaces on site, the shopping center does not meet the parking requirement.Approximately 18,1 00-square feet of the shopping center floor area is currently vacant. - 13 - Recommendation & Findings of Fact Petitions 44-22 & 50-22 December 5,2022 The applicant is requesting approval of a departure from the parking requirement to allow the establishment of the proposed use without the need to provide additional parking.With the property being fully developed, there is no room to construct or stripe additional parking spaces on site. The actual parking demand of the tenants in the shopping center is far less than the zoning ordinance requirement. Staff counted parking demand on a normal weekday afternoon and found that the existing tenants --which were all open -- only generated demand for 36 of the 167 parking spaces (or 22 percent). The proposed skate park is expected to have its busiest time on weekends when most other tenants are closed. The shopping center has adequate parking to meet the needs of all existing tenants and any future permitted business. 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 proposing to establish an indoor skate park with a commercial event space and a small retail component within the vacant tenant space at 820 S. McLean Boulevard. The hours of operation would be 12 pm— 10 pm Monday through Sunday. The proposed hours of operation are similar to those of other existing businesses. All business activities would take place on the interior of the tenant space. The proposed skate park is expected to have its busiest time on the weekends when most other tenants are closed. The proposed use would not have any negative effect on the other businesses within the shopping center or the surrounding properties 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. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petitions 44-22 and 50-22, subject to the following conditions: - 14- Recommendation & Findings of Fact Petitions 44-22 &50-22 December 5,2022 1. Substantial conformance to the Development Application submitted by Ian Nathan/I2N,as applicant, and Spartan-Elgin, LLC, as property owner, received September 14, 2022, and supporting documents including: a. Undated Statement of Purpose and Conformance for I2N, LLC dba Syndicate at 820 S McLean Blvd Elgin, IL 60123, prepared by Ian Nathan, dated received September 27,2022; b. Plat of Survey,prepared by Gerald Sopha, dated October 31, 2005; c. Undated building layout/floor plan for skatepark, with such further revisions as required by the Community Development Director; and d. Proposed Main Floor Plan Architectural Exhibit(Sheet AE-1),designed by COBU Architecture Studio, dated November 15,2022; with such further revisions as required by the Community Development Director. 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. Assembly uses permitted by this grant of conditional use shall include: a. Banquets(General); b. Baby Showers and/or Bridal Showers; c. Baptisms and/or Christenings; d. Celebrations,Soirees,Private Parties,such as Anniversaries,Birthdays,and/or Bar and Bat Mitzvahs; e. Conferences, Conventions, and/or Seminars; f. Colloquiums; g. Consumer Shows,Trade Shows,Trunk Shows, and Fashion Shows; h. Corporate and/or Non-profit Events; i. Couples Night Out Events; j. Dance Classes, including but not limited to Zumba; k. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: 1. Exhibitions, including but not limited to Art Shows; m. Expositions; n. Fairs and/or Festivals; o. Fundraisers; p. Galas; q. Gallery Displays, including but not limited to works of art, either temporary or permanent; r. Holiday Parties; s. Live Performances,such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub - 15 - Recommendation & Findings of Fact Petitions 44-22& 50-22 December 5, 2022 operations, events hosted by bands or deejays, or other like music- or dance-oriented events; t. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; u. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; v. Networking Events; w. Political Events; x. Press Conferences; y. Product Launch Events; z. Receptions; aa. Retreats and Team Buildings Events; bb. Sip and Paint Nights; cc. Social Events; dd. Themed Events; ee. Vendor Fairs(Small Local Vendors); ff. Wedding Ceremonies&Receptions, including but not limited to traditional weddings, elopements,and/or civil unions; and gg. Other like assemblies of people. 3. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30"Noise"of the Elgin Municipal Code, 1976 as amended. 5. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 6. A departure is hereby granted to allow the establishment of any use classified as a permitted - 16- Recommendation & Findings of Fact Petitions 44-22& 50-22 December 5,2022 use in the PNB Planned Neighborhood Business District established by Ordinance No. G21-98, as amended, on the Subject Property, without the requirement to provide additional parking spaces, provided a minimum of 167 parking spaces are located on the Subject Property. 7. Notwithstanding condition 6. above, a departure is hereby granted to allow the establishment of an amusement and recreational service, more specifically a skate park, with a commercial event space at 820 S. McLean Boulevard on the Subject Property without the requirement to provide additional parking spaces,provided a minimum of 167 parking spaces are located on the Subject Property. 8. All street graphics must comply with the zoning ordinance requirements. 9. 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 three (3) yes, zero (0) no, and one(1) abstention. Three members were absent. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 17 - - f� w. • r ) , Subject Property r � —2 Petition 44-22 & 50 2 Crle e. `eke ilk Torre y Pines Dr � Q m , .; 4 Ar Saw9ra EXHIBITA Aerial/Location Map N W+E S Map prepared by City of Elgin o so ioo 200 soo aoFeet Department of Community Development I I t at` • PCF PCF Subject Property Petition 44-22 & 50-22 PNB CF ' CF - PORI PRC - O ORI F Legend C '" QRC1 Residence Conservation 1 ! ORC2 Residence Conservation 2 - QRC3 Residence Conservation 3 Or QPRC Planned Residence Conservation QSFR1 Single Family Residence 1 NB _ OPSFR1 Planned Single Family Residence 1 j I PORT OSFR2 Single Family Residence 2 Q PSFR2 Planned Single Family Residence 2 ORC.TRF Two Family Residence SS t OPTRF Planned Two Family Residence Q MFR Multiple Family Residence OPMFR Planned Multiple Family Residence ORB Residence Business OPRB Planned Residential Business QNB Neighborhood Business OPNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business GI -CC1 Center City 1 t M -CC2 Center City 2 -PCC Planned Center City PRC� -ORI Office Research Industrial -PORI Planned Office Research Industrial Q � ORI -GI General Industrial �, n -PGI Planned General Industrial y�l0 �Ll -Cl Commercial Industrial Q' -CF Community Facility L i -PCF Planned Community Facility NB -FRP Fox River Preservation EXHIBIT Zoning Map W+F 5 Map prepared by City of Elgin 0 100 200 400 600 800 Feet Department of Community Development Subject Property 820 S. McLean Blvd. Petition 44-22 & 50-22 CO//ege Green Dr 0627101013 a c� c� 00 Torrey Pines Dr a� J i EXHBIIT C Parcel Map N A City of Elgin 0 20 40 80 120 160 Department of Community Development Feet EXHIBIT D SITE LOCATION 820 S. McLean Blvd. Petitions 44-22 & 50-22 McLean Plaza - Sho in Center d ' Indoor Skatepark i o s- e1 Bird's eye view looking north lip - Sig- Vq It s Mcl can !'lazy Indoor Skate ark __.._ v �. D{•}� V. b y_� Bird's eye view looking west EXHIBIT D SITE LOCATION 820 S. McLean Blvd. Petitions 44-22 & 50-22 A w+" ero r aYl Front elevation of tenant space Rrrr. _ Street view of the building from S. McLean Blvd.