HomeMy WebLinkAboutG26-20 Ordinance No. G26-20
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE CC2
CENTER CITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY
DISTRICT
(56 Villa Street)
WHEREAS, written application has been made requesting conditional use approval to
establish a martial arts school, a physical fitness facility, at 56 Villa Street; and
WHEREAS, the zoning lot with the building containing the premises at 56 Villa Street is
legally described herein (the"Subject Property"); and
WHEREAS,the Subject Property is located within the CC2 Center City District and ARC
Arterial Road Corridor Overlay District,and a physical fitness facility is listed as a conditional use
within the CC2 Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on June 15, 2020, 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 a conditional use
in the CC2 Center City 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 June 15, 2020, 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 a conditional use to establish a martial arts school, a physical fitness
facility,is hereby granted for the property commonly known as 56 Villa Street,property commonly
identified by Kane County Property Index Numbers 06-13-306-010 and 06-13-306-011, and
legally described as follows:
PARCEL 1:
THAT PARTS OF LOTS 1 AND 2 IN BLOCK 12 OF THE ORIGINAL TOWN OF
ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 58 FEET:
THENCE SOUTHEASTERLY TO A POINT IN THE WEST LINE OF SAID LOT 2
THAT IS 88 FEET SOUTH FROM THE NORTHWEST CORNER OF SAID LOT 1;
THENCE NORTH ALONG THE WEST LINE OF LOTS 1 AND 2 AFORESAID; 88
FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG
THE NORTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, IN THE CITY
OF ELGIN, KANE COUNTY ILLINOIS
PARCEL 2:
THAT PART OF LOTS 1,2, 13 AND 14 IN BLOCK 12 OF THE ORIGINAL TOWN OF
ELGIN ON THE EAST SIDE OF THE FOX RIVER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF LOT 1 THAT IS 58 FEET
SOUTHEASTERLY FROM THE NORTHEASTERLY COMER OF BLOCK 12;
THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND
2 TO POINT THAT IS 141 FEET SOUTHEASTERLY FROM THE NORTHEASTERLY
COMER OF SAID BLOCK 12, THENCE SOUTHWESTERLY AT RIGHT ANGLES
TO SAID SOUTHEASTERLY LINE OF 2, 104.35 FEET TO A STAKE; THENCE
SOUTHWESTERLY TO A POINT IN THE WEST LINE OF LOT 13 THAT IS 59 FEET
SOUTH OF THE NORTHWEST CORNER OF SAID LOT 13; THENCE NORTH
ALONG THE WEST LINE OF LOTS 13 AND 2 TO A POINT THAT IS 22 FEET
SOUTH OF THE NORTHWEST COMER OF SAID LOT 2: THENCE
NORTHEASTERLY TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS
(commonly known as 56 Villa Street)
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 AKF Martial
Arts Inc., as applicant, and AS Holdings Properties LLC, as property owner, received
March 3, 2020, and supporting documents including:
a. AKF Martial Arts of Elgin letter, dated November 14, 2019, prepared by Javier
Parra, AKF Martial Arts of Elgin;
b. Boundary Survey,prepared by Pyramid Land Surveyors,dated February 28,2020;
and
2
c. Undated floor plan, received March 3, 2020, 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. All street graphics must comply with the zoning ordinance requirements. Wall signs
shall not be box signs. Wall signs must be channel letters.
3. 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.
Davia J. K4t1m, Mayor
Presented: July 22, 2020
Passed: July 22, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 22, 2020
Published: July 23, 2020
A to
Kimberly DewisLVty Clerk
3
EXHIBIT A
June 15, 2020
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 10-20, an application by
AKF Martial Arts Inc., as applicant, and AS Holdings Properties LLC, as property owner, are
requesting a conditional use to establish a martial arts school (classified as a physical fitness
facility) at the property commonly referred to as 56 Villa Street. The property is located in
downtown Elgin and is zoned CC2 Center City District and ARC Arterial Road Corridor Overlay
District.
GENERAL INFORMATION
Petition Number: 10-20
Property Location: 56 Villa Street
Requested Action: Conditional Use
Current Zoning: CC2 Center City District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. CC2 Center City District
Existing Use: Vacant office space
Proposed Use: Phvsical Fitness Facility(Martial Arts School)
Applicant: AKF Martial Arts Inc.
Owner AS Holding Properties LLC
Staff Coordinator: Damir Latinovic, AICP. Senior Planner
Exhibits Attached: A. Aerial/Location May
Recommendation & Findings of Fact
Petition 10-20
June 15,2020
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
AKF Martial Arts Inc., as applicant, and AS Holdings Properties LLC, as property owner, are
requesting a conditional use to establish a martial arts school (classified as a physical fitness
facility) at the property commonly referred to as 56 Villa Street.
The 15,850-square foot property, zoned CC2 Center City District, is located on the outskirt of
Downtown Elgin at the southwest corner of DuPage Street and Villa Street. The property is
improved with a 2,075-square foot commercial building and a surface parking lot surrounding the
building with a total of 25 parking spaces. The existing building is currently vacant but was most
recently occupied by a title loan company.
The property adjacent to the west is a one-story commercial building, zoned CC 1 Center City
District,which was most recently occupied by a motorcycle(Yamaha)dealership. The property to
the north, located at the northwest corner of DuPage Street and Villa Street, is the former Elks
Lodge #737 building. The two-story, Tudor-revival style building is zoned CCI Center City
District and is currently vacant. A two-story brick building home to AT&T offices with accessory
parking is located at the northeast corner of DuPage Street and Villa Street and is zoned CC2
Center City District. Iglesia Principe de Paz church is located directly across Villa Street to the
east and is zoned CC2 Center City District. The property adjacent to the south is the City-owned
surface parking lot with 50 parking spaces,which is also zoned CC2 Center City District.
-2 -
Recommendation & Findings of Fact
Petition 10-20
June 15, 2020
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Rgure 1.Site area map
AKF Martial Arts Inc. is proposing to open a martial arts school within the existing building at 56
Villa Street. The existing 2,075-sqaure foot building offers an open floor plan well suited for
martial arts classes. The school would offer beginner-, intermediate-, and advanced-level Tae
Kwon Do, Hapkido, Jiu jitsu, Karate, and boxing classes for all ages. The school would be open
Monday-Saturday from 11 a.m. to 1 I p.m. The applicant expects about 20 students per class.
The applicant is not proposing any exterior or interior changes. Most of the building's floor plan
would be devoted to the training floor. The rear of the building already includes two bathrooms,
an office, and a storage room. The applicant would install wall signs in the future,which will have
to meet the zoning ordinance requirements.
If located elsewhere in the City, the proposed school might be required to provide one parking
space per four students during peak time, plus one parking space per employee. However, being
located within the CC2 zoning district, within 800 feet of at least two city parking facilities, and
no other options for off-street parking, this property has no regulatory parking requirement. Still,
by the zoning ordinance, 20 students and one instructor would need six parking spaces where the
property is improved with 25 parking spaces. A free city-owned parking lot with another 50
- 3 -
Recommendation & Findings of Fact
Petition 10-20
June 15, 2020
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Figure 2. Proposed building floor plan
parking spaces is located immediately to the south of the property, and the Fulton Street parking
garage is located one-half block further south.
The proposed martial arts school is classified as a physical fitness facility, which is a conditional
use in the CC2 District.Conditional uses requires 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 originally platted in 1871 within the
Assessor's Subdivision of James T. Gifford's Plat of Elgin. The property was classified as
E Commercial District in 1927. By 1950,the property was classified in the D Commercial
zoning district. In 1962, the property was reclassified to B3 Service Business District. In
1992, the property was classified within the CC2 Center City District as part of a
comprehensive amendment to the zoning ordinance. In 2001,the property became part of
the ARC Arterial Road Corridor Overlay District.
The existing one-story commercial building with the surrounding parking lot was
constructed in 1970. The last use of the building, a title loan company, left in 2019.
B. Surrounding Land Use and Zoning. The property adjacent to the west is a one-story
commercial building, zoned CC 1 Center City District, which was most recently occupied
-4 -
Recommendation & Findings of Fact
Petition 10-20
June 15,2020
by a motorcycle (Yamaha) dealership. The property to the north, located at the northwest
corner of DuPage Street and Villa Street,is the former Elks Lodge#737 building.The two-
story, Tudor-revival style building is zoned CCI Center City District and is currently
vacant.A two-story brick building home to AT&T offices with accessory parking is located
at the northeast corner of DuPage Street and Villa Street and is zoned CC2 Center City
District. Iglesia Principe de Paz church is located directly across Villa Street to the east,
and is zoned CC2 Center City District.The property adjacent to the south is the City-owned
surface parking lot with 50 parking spaces, which is also zoned CC2 Center City District.
C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the
City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown
contains mixed-use structures featuring retail, restaurant, service uses, office and
residential uses. Mixed-use structures contribute to an active street life and help foster a
unique sense of place within Elgin. A variety of uses should be encouraged throughout the
Downtown and should be located at or near the sidewalk with parking in the rear.
D. 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 CCI zoning district and the
residential neighborhoods surrounding the center city.
E. Trend of Development. The subject property is located on the outskirts of Downtown
Elgin with frontage along Villa Street which is an arterial road. As the property is part of
the traditional downtown, most surrounding properties to the north, west, and south have
been developed with a mixture of commercial and mixed-use buildings. The Iglesia
Principe de Paz church located to the east represents a transitional use to the residential
neighborhood east of Villa Street. There has been no new development in the immediate
area in recent years.
Staff anticipates the immediate area surrounding the subject property will continue to
serve as the transition between the higher density uses in the core of Downtown Elgin
and single-family residential neighborhood to the east, and may include higher density
residential development. Due to the higher volume of traffic along Villa Street,properties
with frontage along Villa Street may also include auto-oriented commercial uses and
developments.
- 5 -
Recommendation & Findings of Fact
Petition 10-20
June 15, 2020
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 10-20 on June 15,2020.Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
Development Application Review and Written Findings & Recommendation to the Planning &
Zoning Commission dated June 15,2020.
The Community Development Department and the Planning & Zoning Commission have made
the following fmdings 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 existing 15,850-square foot property is already improved with
an existing one-story 2,075-square foot building and the accessory parking lot which covers
almost the entire property. The applicant is proposing to occupy the existing building
without any changes to the existing building or the site.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. The
existing sewer and water facilities can adequately serve 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
-6 -
Recommendation & Findings of Fact
Petition 10-20
June 15, 2020
minimize traffic congestion. The property has frontage along Villa Street. The on-site
parking lot includes two access driveways to Villa Street, which allow for efficient access
to and from the property. With about 20 students and one instructor for each class, the
proposed martial arts school is expected to generate minimal vehicular trips, which will
not cause any traffic congestion in the surrounding neighborhood.
This property has no regulatory parking requirement being located within the CC2 zoning
district,within 800 feet of at least two city parking facilities, and no other options for off-
street parking. Still, by the zoning ordinance, 20 students and one instructor would need
six parking spaces where the property is improved with 25 parking spaces. A free city-
owned parking lot with another 50 parking spaces is located immediately to the south of
the property, and the Fulton Street parking garage is located one-half block further south.
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. All business activities will be conducted on the interior. The applicant
is not proposing to make any changes to the interior or the exterior of the building or the
site. The open floor plan of the existing building is well suited to accommodate the
proposed martial arts school with majority of the building floor plan devoted to the training
floor. The space can easily accommodate one class at the time that would have about 20
participants. The hours of operation are consistent with those of surrounding businesses.
No evidence has been submitted or found that the proposed use will be located or operated
in a manner that will exercise undue detrimental impact on 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 Petition 10-20, subject to the following conditions:
- 7 -
Recommendation & Findings of Fact
Petition 10-20
June 15, 2020
1. Substantial conformance to the Development Application submitted by AKF Martial Arts
Inc.,as applicant, and AS Holdings Properties LLC, as property owner,received March 3,
2020, and supporting documents including:
a. AKF Martial Arts of Elgin letter, dated November 14, 2019, prepared by Javier
Parra, AKF Martial Arts of Elgin;
b. Boundary Survey,prepared by Pyramid Land Surveyors,dated February 28,2020;
and
c. Undated floor plan,received March 3,2020,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. All street graphics must comply with the zoning ordinance requirements. Wall signs shall
not be box signs. Wall signs must be channel letters.
3. 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 five(5)yes,zero(0)no,
and zero(0) abstentions. One member was absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
- 8 -
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ORC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
OSFR1 Single Family Residence 1 R-C3
OPSFRt Planned Single Family Residence 1 Fulton St
OSFR2 Single Family Residence 2
OPSFR2 Planned Single Family Residence 2
OTRF Two Family Residence
OPTRF Planned Two Family Residence
OMFR Multiple Family Residence
QPMFR Planned Multiple Family Residence
QRB Residence Business
OPRB Planned Residential Business
QNB Neighborhood Business
C3PNB Planned Neighborhood BUSineSS
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2 pnj St
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial p
-PGI Planned General Industrial 1 �C Rlver Wilk Ct
-Cl Commercial Industrial
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-CF Community Facility
-PCF Planned Community Facility
EXHIBIT Zoning Map A�
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Map prepared by City of Elgin 0 35 70 140 210 280
Department of Community Development Feet
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56 Villa St.
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EXHIBIT D
SITE LOCATION
56 Villa Street
Petition 10-20
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Subject property as seen from Villa Street looking north
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Subject property as seen from Villa Street looking south z