HomeMy WebLinkAboutG30-24 Ordinance No. G30-24
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY AND A
MASSAGE PARLOR IN THE CC1 CENTER CITY DISTRICT AND ARC ARTERIAL
ROAD CORRIDOR OVERLAY DISTRICT
(166 East Highland Avenue)
WHEREAS, written application has been made requesting conditional use approval to
establish a physical fitness facility, more specifically a yoga studio, and a massage parlor at 166
East Highland Avenue; and
WHEREAS,the zoning lot with the building containing the premises at 166 East Highland
Avenue, is legally described herein (the"Subject Property"); and
WHEREAS, the Subject Property is located within the CC1 Center City District and ARC
Arterial Road Corridor Overlay District, and a physical fitness facility, more specifically a yoga
studio, and a massage parlor are listed as a conditional use within the CC1 Center City District;
and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 6, 2024 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 CC1 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 May 6, 2024, 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 physical fitness facility, more
specifically a yoga studio, and a massage parlor is hereby granted for the property commonly
known as 166 East Highland Avenue, which is part of the property commonly identified by Kane
County Property Index Numbers 06-14-281-001,06-14-281-003,06-14-281-004, 06-14-281-005,
and 06-14-281-006, and legally described as follows:
THAT PART OF LOTS 2 THROUGH 5, BOTH INCLUSIVE, IN BLOCK 17 OF THE
ORIGINAL TOWN OF ELGIN AS LAID OUT BY JAMES T. GIFFORD, BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 4 IN BLOCK 17
OF THE ORIGINAL TOWN OF ELGIN WITH THE EASTERLY LINE OF THE RIGHT-OF-
WAY OF THE CHICAGO & NORTHWESTERN RAILWAY COMPANY, WHICH POINT IS
120.50 FEET EAST FROM THE SOUTHWEST CORNER OF SAID BLOCK 17; THENCE
EAST ON SAID SOUTH LINE OF SAID LOT 4, 10.37 FEET TO THE POINT OF BEGINNING;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 4,75.50 FEET TO THE
CENTER LINE OF A WALL STANDING AT THE NORTH END OF A STONE BUILDING;
THENCE WESTERLY ALONG THE SAID WALE, 47.60 FEET TO THE EASTERLY LINE
OF THE RIGHT-OF-WAY OF THE CHICAGO & NORTHWESTERN RAILWAY
COMPANY; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT- OF-WAY
LINE, 58.27 FEET TO A POINT ON THE SOUTH LINE OF THE RIGHT-OF-WAY OF EAST
DIVISION STREET, SAID SOUTH LINE IS ALSO THE NORTH LINE OF LOTS I THRU 5;
THENCE EAST ALONG SAID SOUTH LINE OF RIGHT-OF-WAY, 206.69 FEET TO A
POINT, SAID POINT BEING THE NORTHEAST CORNER OF LOT 2 IN BLOCK 17 IN SAID
ORIGINAL TOWN OF ELGIN, THENCE SOUTH ALONG THE EAST LINE OF SAID LOT
2, 132.69 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF EAST HIGHLAND
AVENUE, SAID LINE IS ALSO THE SOUTH LINE OF LOTS I THRU 5; THENCE WEST
ALONG SAID NORTHLINE OF SAID RIGHT-OF-WAY, 134.00 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
(commonly known as 162-168 East Highland Avenue)
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 Michael Liang
("The Yoga Center"), as applicant, and Almare Development Company Inc., as
property owner,received March 28,2024, and supporting documents including:
a. Undated one-page Business Plan General Overview The Yoga Center, Elgin IL,
received April 17,2024;
b. Undated The Yoga Center Business Plan,prepared by Michael Liang and Stephanie
Liang,received March 25,2024;
c. ALTA/NSPS Land Title Survey,prepared by Alan J. Coulson, Polena Engineering
LLC,dated April 19, 2021; and
2
d. Undated Feasibility Study, Sheet FS-1, prepared by Robert C Bowman, received
April 12, 2024, 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.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
David J. 1(.17%in, ayor
Presented: June 26, 2024
Passed: June 26, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 26, 2024
Published: June 26, 2024
•
Attest: 4•„%fir
Kimberly De is, C. y Clerk , {( r
3
EXHIBIT A
May 6,2024
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 06-24, an application by
Michael Liang ("The Yoga Center"), as applicant, and Almare Development Company Inc., as
property owner, requesting approval of a conditional use to establish a physical fitness facility,
more specifically a yoga center, and a massage parlor within an existing approximately 3,000-
square-foot tenant space at the property commonly known as 166 E. Highland Avenue.
GENERAL INFORMATION
Petition Number: 06-24
Property Location: 166 E. Highland Avenue
Requested Action: Conditional Use
Current Zoning: CC I Center City District
Proposed Zoning: No change. CC1 Center City District
Existing Use: Vacant commercial space
Proposed Use: Physical fitness facility and a massage parlor
Applicant: Michael Liang("The Yoga Center)"
Owner Almare Development Company, Inc.
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
•
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Michael Liang ("The Yoga Center"), as applicant, and Almare Development Company Inc., as
property owner,are requesting approval of a conditional use to establish a physical fitness facility,
more specifically a yoga center, and a massage parlor within an existing approximately 3,000-
square-foot tenant space at the property commonly known as 166 E. Highland Avenue.
The subject property,zoned CC1 Center City District,is 21,000 square feet in area and is improved
with an approximately 91,672-square foot, three-story office building, which covers the entire
property.The property,located in downtown Elgin,has frontage along E. Highland Avenue to the
south and Division Street to the north, and is located on the 100 block of E. Highland Avenue
between Spring Street and Douglas Avenue.The main entrance to the building is from E.Highland
Avenue with a secondary entrance on Division Street.Two ground floor tenant spaces,one facing
Division Street, and the other, the 3,016-square foot subject tenant space at 166 E. Highland
Avenue facing Highland, have their own individual entrances off the street.
The building was previously home to R. R. Donnelly offices, a commercial printing company,
which occupied the majority of the building until approximately 2018. In 2019, the City granted
conditional use approval for a commercial event space The Highland Loft to establish an event
venue space on the entire 3`d floor of the building. In 2022, the City granted another conditional
use approval to allow The Highland Loft to expand to the entire 2°d floor and occupy one tenant
space on the 1 s` floor of the building.The Highland Loft now operates two separate event venues,
one on the entire 3`d floor of the building, and the second on the entire 2nd floor of the building.
The majority of the ls`floor of the building, including the subject tenant space at 166 E. Highland
Avenue is currently vacant.
All surrounding properties are also zoned CC 1 Center City District. The adjacent property to the
east is a two-story building formerly home to Gail Borden library, which is currently used as a
restaurant and banquet space. To the west, the building is adjacent to a three-story mixed-use
building with a commercial tenant space on the ground floor and one residential unit each on the
second and third floors, and a single-family residence further west and attached to the three-story
mixed-use building. The properties to the north across Division Street include a surface parking
-2-
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
lot for the St. John's Lutheran Church,the 8-story Professional Building(an office building), and
a four-story senior living facility known as Center City Apartments. The properties to the south
across E. Highland Avenue include a two-story mixed-use building with upper floor residential
units and round floor retail and restaurant uses, and a two-sto Associated Bank building.
E'`L` 7
ubtect tenant space
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Figure 1:Site area map with zoning overlay
Proposal
The applicant is requesting approval to establish a yoga studio with massage therapy services, to
be known as The Yoga Center,within the existing vacant 3,016-square foot tenant space at 166 E.
Highland Avenue.
The subject tenant space consists of two floors and has its own main entrance off of Highland
Avenue. The applicant would hold yoga classes on the 1,230-square foot upper, mezzanine level,
which also has access to the main building lobby. The mezzanine level is currently vacant, open
space perfect for group exercise classes.The applicant would use the 1,786-square foot lower level
for massage therapy services. The lower level already includes four separate offices/rooms. The
applicant would set up two separate massage rooms,and two separate private offices.The applicant
also plans to offer general retail items for sale, such as yoga apparel, but no food or drinks would
be served. The subject tenant space is already perfectly suited for the proposed use, and the
applicant is not proposing to make any interior or exterior changes to the building.
-3 -
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
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Lobby Level (First Floor) Lower Level
Figure 2:Proposed layout for The Yoga Center at 166 E.Highland Avenue
The Yoga Center would be open Monday to Friday from 6 am to 7:30 pm and on Saturday and
Sunday from 9 am to 1 pm. The applicant expects to have three full-time employees and 3-4 part-
time support staff. The applicant plans to offer up to 22 yoga classes per week. Massage therapy
services to be offered include Traditional Swedish Massage with a blend of other modalities such
as Gua Sha (Fascia Release), Cupping (Circulation Support), Trigger Point Therapy, etc. All of
the yoga teachers are Yoga Alliance Registered insured and certified in CPR/AID training, while
all massage therapists are Illinois Licensed Registered Massage Therapists, insured and also
certified in CPR/AID training.
No parking exists on site,but the zoning ordinance does not require off-street parking for any land
use within the CCI District. On-street parking is provided on both sides of E. Highland Avenue
and the north side of Division Street. In addition,employees and customers will have access to the
parking spaces within the Spring Street parking garage located one half block to the east as well
as other city-owned free parking lots.
The Community Development Department offers the following additional information:
-4-
Recommendation& Findings of Fact
Petition 06-24
May 6, 2024
A. Property History.The subject property was originally classified as E Commercial District
in the city's first zoning ordinance in 1927.In 1962,the property was rezoned to B2 Central
Business District. In 1992, the property was rezoned to CC1 Center City District as part of
the comprehensive amendment to the zoning ordinance.
The building is part of the Downtown Elgin Commercial National Register Historic
District. The original building on the property was constructed around 1895 as the
Ackemann Brothers Department Store. Between 1903 and 1913 an addition was
constructed to the building which makes up the current building size. The building facade
was heavily altered in the 1960s and again in the 1990s and is no longer considered a
contributing structure to the historic significance of the downtown national historic district.
In 1997, the City granted a conditional use approval for a planned development by
Ordinance No. G3-97 to allow the establishment of the single-family home and the three-
story mixed-use building adjacent to the west. In 2019, Ordinance No. G51-19 granted
conditional use approval for the establishment of The Highland Loft event venue on the 3rd
floor of the building.And in 2022,Ordinance No.G27-22 granted conditional use approval
for the expansion of The Highland Loft with a 21'd event venue on the 2°d floor of the
building.
The subject tenant space at 166 E. Highland Avenue was previously used as office space
occupied by R. R. Donnelly publishing company.The tenant space is currently vacant.
B. Surrounding Land Use and Zoning. All surrounding properties are also zoned CC1
Center City District. The adjacent property to the east is a two-story building formerly
home to Gail Borden library,which is currently used as a restaurant and banquet space.To
the west, the building is adjacent to a three-story mixed-use building with a commercial
tenant space on the ground floor and one residential unit each on the second and third
floors,and a single-family residence further west and attached to the three-story mixed-use
building. The properties to the north across Division Street include a surface parking lot
for the St. John's Lutheran Church, the 8-story Professional Building(an office building),
and a four-story senior living facility known as Center City Apartments. The properties to
the south across E. Highland Avenue include a two-story mixed-use building with upper
floor residential units and ground floor retail and restaurant uses, and a two-story
Associated Bank building.
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.
- 5 -
Recommendation& Findings of Fact
Petition 06-24
May 6,2024
D. Zoning District.The purpose and intent of the CC 1 Center City District is to facilitate the
implementation of the official comprehensive plan for the city center, as focused on a
distinctive subarea of the city with a common urban fabric. The CC1 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.
E. Trend of Development. The subject property is located within the traditional downtown
area that has historically been developed with a mix of commercial, retail, service,
restaurants, and residential uses. The City encourages downtown development that will
foster a vibrant,walkable,mixed-use center for the community,as well as a regional center
with an urban fabric unique to the Chicago metropolitan region. In recent years, the
downtown has experienced notable revitalization with several building and façade
renovations, including the Tower Building at 100 E. Chicago Street, 19-21 Douglas
Avenue building, and the restoration of the former Gasthaus restaurant at 11-15 N. Grove
Avenue. The adaptive reuse of the former five-story office building at 40 DuPage Street
into 40 residential units(Courtyard at 40),and the adaptive reuse of the former PNC Bank
building at 26-28 S.Grove Avenue into Judson University classroom space and dormitory
are currently under construction. Some of the notable businesses that have recently opened
in the downtown area include Kubo Sushi and Sake Lounge, BeaUnique Latin Kitchen
restaurant,Vern's Tavern,and Sugar&Rhyme coffee house and bakery.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 06-24 on May 6, 2024.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 May 6, 2024.
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.
-6-
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
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 applicant is proposing to establish a yoga
studio with massage therapy services within an existing 3,000-square foot vacant tenant
space part of a 91,672-square foot three-story office building.The existing building covers
the entire 21,000-sqaure foot property. The applicant is not proposing any changes to the
interior or the exterior of the building. 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 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. 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 planned development with
respect to the provision of safe and efficient on-site and off-site vehicular circulation
designed to minimize traffic congestion. The existing 3-story office building covers the
entire property with no on-site parking or vehicular access. Pedestrian access is provided
from both Division Street on the north and E. Highland Avenue on the south side of the
building.The subject tenant space has its own pedestrian access on Highland Avenue.The
mezzanine (upper level) of the tenant space also has a secondary access to the main
building lobby. The property is located in downtown Elgin which functions with safe and
efficient vehicular circulation. The proposed use will not have any negative effect on the
existing on-site and off-site traffic circulation.
The zoning ordinance does not require off-street parking be provided by any land use
within the CCI district. The property is located one half block west of the Spring Street
parking structure, and The Yoga Center will have access to all parking spaces within that
structure. Employees and customers will also have access to other free parking facilities in
downtown Elgin, including the surface parking lot at the northwest corner of Douglas and
E. Highland Avenues one half block to the west. On-street parking is also provided on the
-7-
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
north side of Division Street and both sides of E. Highland Avenue as well as other streets
in downtown Elgin.
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 any exterior changes to the building. All business activities
will be conducted on the interior of the building with minimal impact on the surrounding
properties.
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. The
hours of operation Monday to Friday from 6 am to 7:30 pm and Saturday and Sunday from
9 am to l pm are similar to other downtown businesses.The proposed Yoga Center will not
have any effect on the existing operations of The Highland Loft event venue. The events
at The Highland Loft venue spaces in the building are largely held in the late afternoon and
evening hours on the weekends.
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. The
property is, however,part of the Downtown Elgin Commercial National Register Historic
District. While no City or State regulations are associated with this designation, the
applicant does not propose any changes to the exterior of the building.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 06-24, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Michael Liang
("The Yoga Center"), as applicant, and Almare Development Company Inc., as property
owner,received March 28,2024,and supporting documents including:
- 8 -
Recommendation & Findings of Fact
Petition 06-24
May 6,2024
a. Undated one-page Business Plan General Overview The Yoga Center, Elgin IL,
received April 17,2024;
b. Undated The Yoga Center Business Plan,prepared by Michael Liang and Stephanie
Liang, received March 25, 2024;
c. ALTA/NSPS Land Title Survey,prepared by Alan J. Coulson,Polena Engineering
LLC,dated April 19,2021; and
d. Undated Feasibility Study, Sheet FS-1, prepared by Robert C Bowman, received
April 12, 2024, 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.
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. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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OPTFR-Planned Two Family Residence
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OPMFR-Planned Multiple Family Residence
ORB-Residence Business
QPRB-Planned Residence Business
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Highland Ave
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EXHIBIT C Parcel Map
City of Elgin 0 15 30 60 90 120
Department of Community Development Feet
EXHIBIT D
SITE LOCATION
166 E. Highland Avenue
Petition 06-24
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EXHIBIT D
SITE LOCATION
166 E. Highland Avenue
Petition 06-24
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Front elevation of the building along E. Highland Ave.
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Rear elevation along Division St
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EXHIBIT D
SITE LOCATION
166 E. Highland Avenue
Petition 06-24
4` =_ 166 E. Highland Ave
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The 166 E. Highland Ave tenant space
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