Loading...
HomeMy WebLinkAboutG34-23 Ordinance No. G34-23 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A PHYSICAL FITNESS FACILITY, AN OTHER SCHOOL AND EDUCATIONAL SERVICE, AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (345 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility, more specifically a martial arts school, an other school and educational service,more specifically a tutoring center,and a commercial event space for activities pertaining to assembly of people at 345 South McLean Boulevard; and WHEREAS,the zoning lot with the building containing the premises at 345 South McLean Boulevard is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility, an other school and educational service, and a commercial event space for activities pertaining to assembly of people are listed as conditional uses within the AB Area Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on July 10, 2023, 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 AB Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 10, 2023, 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 for a physical fitness facility, more specifically a martial arts school, an other school and educational service, more specifically a tutoring center, and a commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 345 South McLean Boulevard, which is part of the property commonly identified by Kane County Property Index Numbers: 06-22-251-039 and 06-22-251- 040, and legally described as follows: Parcel One: Lot 19 and the South '/z of Lot 20 in Block LIX of the Plat of South Washington Heights of Lot 2, northeast quarter of Section 22,Township 41 North, Range 8 East of the third Principal Meridian, In the Township of Elgin. Kane County, Illinois, (excepting that part dedicated to the People of Illinois by instrument dated May 27, 1932,and recorded November 9, 1932,as document 3608855 in Book 923, page 598). Parcel Two: Lot 18 and that part of Lot 17 lying northerly of a straight line drawn from the south east corner of sale Lot to a point on the West line of said Lot 22.18 feet north of the South West corner thereof (except that part of said Lots 17 and 18 lying Westerly of a straight line which intersects the north line of said Lot 18 at a point 15 feet East of the north west corner of said Lot 18, and which line intersects the south line of said Lot 17), all Block LIX of South Washington Heights Lot 2 in the North East Quarter of section 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. (commonly known as 335-345 South McLean Boulevard) 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 Jose Garibay, as applicant, and Olson Family Joint Declaration of Trust, as property owner,received March 23, 2023 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance,received March 23, 2023; b. Undated letter titled Review Comments 345 S McLean Blvd,received June 6,2023; and c. Architectural drawings on Sheet Al, prepared by FredeRick Gilmore, dated last revised June 27, 2023, 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 2. All exterior street graphics must comply with the zoning ordinance requirements. Wall signs shall not be box signs. Wall signs must be channel letters. 3. The maximum number of attendees for any special event at the Subject Property shall be 36 persons. 4. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners,Breakout Session,Round-Table Discussions,and/or Workshops; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Soirees,Private Parties, such as Anniversaries, Birthdays, and/or Bar and Bat Mitzvahs; f. Conferences, Conventions, and/or Seminars; g. Colloquiums; h. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; i. Corporate and/or Non-profit Events; j. Couples Night Out Events; k. Dance Classes, including but not limited to Zumba; 1. Design and Creative Workshops, such as Calligraphy,Art, Pottery, and/or Painting Classes: in. Exhibitions, including but not limited to Art Shows; n. Expositions; o. Fairs and/or Festivals; p. Fundraisers; q. Galas; r. Gallery Displays, including but not limited to works of art, either temporary or permanent; s. Holiday Parties; t. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; u. Meetings, including but not limited to Board,Business,Public and/or Shareholders Meetings; v. Mind and Body Classes and Sessions,including but not limited to Mediation and/or Yoga; w. Networking Events; x. Plenary or General Sessions; y. Political Events; z. Press Conferences; aa. Product Launch Events; bb. Receptions; cc. Retreats and Team Buildings Events; dd. Sip and Paint Nights; ee. Social Events; 3 ff. Symposiums; gg. Themed Events; hh. Vendor Fairs (Small Local Vendors); ii. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and J. Other like assemblies of people. 5. 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. 6. 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. 7. 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. 8. 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. ap n, Mayor Presented: August 23, 2023 Passed: August 23, 2023 Omnibus Vote: Yeas: 9 Nays: 04. Recorded: August 23, 2023 Published: August 23, 2023 A"st: r b Kimberly DewisW- Clerk 4 EXHIBIT A July 10, 2023 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 and Zoning Commission regarding Petition 09-23,an application by Jose Garibay, as applicant, and Olson Family Joint Declaration of Trust, as property owner, requesting a conditional use to establish a physical fitness facility, and an other school and educational facility, more specifically an afterschool tutoring center, with a commercial event space at the property commonly referred to as 345 S. McLean Boulevard. GENERAL INFORMATION Petition Number: 09-23 Property Location: 345 S. McLean Boulevard Requested Action: Conditional Use Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space Proposed Use: Physical fitness facility,other schools and educational services, specifically a tutoring center, and a commercial event space Applicant: Jose Garibay Owner Olson Family Joint Declaration of Trust Staff Coordinator: Damir Latinovic,AICP, Senior Planner Recommendation & Findings of Fact Petition 09-23 July 10,2023 Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel May D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Jose Garibay, as applicant, and Olson Family Joint Declaration of Trust, as property owner, are requesting a conditional use to establish a physical fitness facility, and an other school and educational facility, more specifically an afterschool tutoring center, with a commercial event space at the property commonly referred to as 345 S. McLean Boulevard. The subject property is a 1,206-square one-story commercial building on a 25,158-square foot parcel(0.57 acres)located at the northeast corner of the S.Mclean Boulevard and US Highway 20 interchange. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The parcel also includes two other buildings: a 1,558-square foot one-story building commonly known as 335 S. McLean Boulevard, and a 1,245-square foot one-story commercial building commonly known as 343 S.McLean Boulevard.The 335 and 343 S.McLean Boulevard buildings are located along S. McLean Boulevard, while the subject building, 345 S. McLean Boulevard, is located in rear of those two buildings. All three buildings share a common parking lot with 29 parking spaces and two access driveways to S. McLean Boulevard.The 335 S. McLean Boulevard building is home to Brad Olson hair restoration service, while the 343 S. McLean Boulevard building is home to the Brad Olson hair salon with three barbers/hair stylists working by appointment only. The subject building at 345 S. McLean Boulevard is currently vacant. -2 - Recommendation& Findings of Fact Petition 09-23 July 10,2023 333 372 313 -� 333 337 M1M1 -~ y 315 �P m 333 X333 ; . ► 3131 m c � e- 320 t" Su 'ect Pro � F Fti Figure 1:Site area map with zoning overlay The properties to the north and west are also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The property to the north is a multi-tenant commercial building which is currently home to a liquor store, a payday loans service, a tobacco store, and Cricket Wireless retail store. The property directly to the west across S. McLean Boulevard(south of the Town and Country Shopping Center) is vacant, undeveloped open space. The properties adjacent to the east are zoned RC2 Residence Conservation District and are improved with single-family homes. The properties to the south across US Highway 20 include the Buena Vista apartment complex zoned PRC Planned Residence Conservation District, and several commercial properties zoned AB Area Business District including a Jiffy Lube motor vehicle service shop, and Wendy's restaurant. Proposal The applicant is proposing to establish U.S.. Taekwondo Academy, a physical fitness facility with an afterschool program within the existing building at 345 S. McLean Boulevard. The facility would also be available for rent for varius types of events, inlcuding birthday parties and other similar celebrations and meetings. U.S. Taekwondo Academy would offer martial arts classes Monday to Friday from 4 pm to 9 pm. The afterschool program would start at 2 pm when children would be picked up from local schools and brought to the facility by company vans.There,they would receive assistance with homework, enjoy interactive games, and snacks. Up to 15 children per day are expected in the afterschool program,all of whom would participate in the Taekwondo sessions starting at 4 pm.Parents would pick up the children after the class. The facility would also offer men, women, and senior self- defense classes and workshops. The martial arts classes would be limited to 25 participants. The applicant anticipates having up to four employees on site during peak times for afterschool and - 3 - Recommendation & Findings of Fact Petition 09-23 July 10,2023 martial arts classes. Weekends would be reserved for special programs and events from 9 am to 4 pm. The facility would be available for rent for birthday parties, family gatherings, and other like celebrations for up to 36 people. The facility would not allow alcohol service for any events, and any food would have to be brought in by outside caterers or persons renting the facility for private events. The facility would not be permitted to host any muscial concerts. The applicant also intends to offer seasonal camps that would correspond CL ; with local schools' Spring,Summer,and wU . Winter breaks. Camps would be full or half days Monday through Friday from 7:30 am to 6 p.m offering electronics- 0 C (9) 0 e 0 0 free fun activities for children,including C a field trips, art, science, music, and Cl a © � a taekwondo classess. Tadumdo,fthoi Arts,nemworrw-Jerworfeff yetenx 6 The applicant is proposing minor 1i8'=P-0, Gnlnar W,xk5hops 1017 ATTEAUrr-/,1 LMPLOYM interior renovation only to add one additional bathroom. No exterior changes are proposed to the building or - 0 the site. Any exterior signage in the future would meet the zoning ordinance requirements. 9 @ © The peak parking demand for the C C D C D D C D proposed facility would occur during the CI C�D C�D C�D special events. With a maximum C C D C D C D Drr occupancy of 36 persons for any event and two employees during such event Parties&Meetings the facility is required to have 11 36 4TT[MPU I-,<rMPLOYLU parking spaces (one parking spaces per four people + one parking space per employee). The 1,158-square foot hair Figure 2:Proposed floor plans for various activities within the building restoration business at 335 S. McLean Boulevard is required five parking spaces (one parking space per 250 square feet of floor area). The hair salon at 343 S. McLean Boulevard with three barbers/hair stylists is required to have nine parking spaces(two parking spaces per service chair for customers + one parking space per employee). As such, the entire property is required to have a total of 25 parking spaces. With 29 parking spaces on site, the property will continue to meet the parking requirement. -4- Recommendation & Findings of Fact Petition 09-23 July 10, 2023 The proposed physical fitness facility, an other school and educational service, more specifically a tutoring center(afterschool), and a commercial event space are listed as conditional uses in the AB Area Business District and require the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the City in 1963. Upon annexation, the property was zoned B3 Service Business District. In 1992, the property was rezoned to AB Area 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. All three buildings on the property were constructed in 1943. B. Surrounding Land Use and Zoning. The properties to the north and west are also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District.The property to the north is a multi-tenant commercial building which is currently home to a liquor store, a payday loans service, a tobacco store, and Cricket Wireless retail store. The property directly to the west across S. McLean Boulevard (south of Town and Country Shopping Center) is vacant, undeveloped open space. The properties adjacent to the east are zoned RC2 Residence Conservation District and are improved with single-family homes. The properties to the south across US Highway 20 include the Buena Vista apartment complex zoned PRC Planned Residence Conservation District, and several commercial properties zoned AB Area Business District and improved with a Jiffy Lube motor vehicle service shop, and Wendy's restaurant. C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and intersection, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian- friendly. D. Zoning District. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population.AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC 1 Center City District. - 5 - Recommendation & Findings of Fact Petition 09-23 July 10,2023 E. Trend of Development. The subject property is located along S. McLean Boulevard immediately north of the interchange with US Highway 20. All surrounding properties along S. McLean Boulevard have developed with a mix of automobile-oriented commercial retail uses. In 2016, the Illinois Department of Transportations (IDOT) completed a significant improvement to the S. McLean Boulevard and US Highway 20 interchange, which has resulted in a noticeable uptick in traffic. This has resulted in new development in the area, such as the construction of the new car wash at the northeast corner of S. McLean Boulevard and Lillian Street in 2017 and the construction of the new Starbucks coffee shop/restaurant in 2021. Staff anticipates the immediate area along S. McLean Boulevard will continue to see new development and redevelopment of underutilized properties. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 09-23 on July 10,2023.Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated July 10, 2023. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within§ 19.65.030: STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings.The subject property is suitable for the intended conditional use with respect to its size,shape,significant features including topography,watercourses,and vegetation,and existing improvements.The subject property is developed with three one-story commercial buildings and a surface parking lot with 29 parking spaces. The proposed martial arts school would occupy the interior of the 345 S. McLean Boulevard building located in rear of the property. The applicant is not proposing any exterior changes to the 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. -6- Recommendation & Findings of Fact Petition 09-23 July 10, 2023 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 building are currently served by municipal water, sanitary sewer, and storm water systems. The applicant is proposing to add a second bathroom, but 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 minimize traffic congestion. The subject property is fully developed with three commercial buildings and a surface parking lot with 29 parking spaces. Two limited access driveways to S. McLean Boulevard serve the on-site parking lot. S. McLean Boulevard includes a concrete median. So access to the property is limited only to traffic traveling northbound on S. McLean Boulevard. Similarly, any vehicles leaving the site must make a right turn northbound. The two existing businesses have limited hours. The hair restoration business is open on Thursday and Friday only from 7 am to 4 pm by appointment only, and the hair salon/barber shop is open Tuesday to Saturday from 8 am to 4 p, also by appointment only. The proposed martial arts school would be open from 2 pm to 9 pm Monday to Friday, with peak hours in the evening when parents are dropping off or picking up children for taekwondo classes. On weekends, when special events would be organized, the other two businesses are closed. The proposed martial arts school with an afterschool program and special events would not have any negative effect on the existing on-site and off-site traffic circulation. The peak parking demand for the proposed facility would occur during the special events. With a maximum occupancy of 36 persons for any event and two employees during such event the facility is required to have 11 parking spaces(one parking spaces per four people + one parking space per employee). With the parking requirement for the other two buildings on site (five parking spaces required for the hair restoration business, and nine parking spaces required for the hair salon),the entire property would be required 25 parking spaces. With 29 parking spaces on site, the property will continue to meet the parking requirement. 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 - 7 - Recommendation & Findings of Fact Petition 09-23 July 10, 2023 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 or the site.All business activities will be conducted on the interior of the building without any impact on the surrounding properties. The facility would not be permitted to host any musical concerts. The hours of operation from 2 pm to 9 pm Monday to Friday and from 9 am to 4 pm on weekends are similar to those of other business on the property and along the S. McLean Boulevard corridor. 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 and Zoning Commission recommend approval of Petition 09-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Jose Garibay, as applicant,and Olson Family Joint Declaration of Trust,as property owner,received March 23, 2023 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance,received March 23,2023; b. Undated letter titled Review Comments 345 S McLean Blvd,received June 6,2023; and c. Architectural drawings on Sheet Al, prepared by FredeRick Gilmore, dated last revised June 27, 2023, 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 - 8 - Recommendation & Findings of Fact Petition 09-23 July 10,2023 other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All exterior street graphics must comply with the zoning ordinance requirements. Wall signs shall not be box signs. Wall signs must be channel letters. 3. The maximum number of attendees for any special event at the Subject Property shall be 36 persons. 4. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners,Breakout Session,Round-Table Discussions,and/or Workshops; b. Banquets(General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Celebrations, Soirees,Private Parties, such as Anniversaries,Birthdays, and/or Bar and Bat Mitzvahs; f. Conferences,Conventions, and/or Seminars; g. Colloquiums; h. Consumer Shows,Trade Shows,Trunk Shows, and Fashion Shows; i. Corporate and/or Non-profit Events; j. Couples Night Out Events; k. Dance Classes, including but not limited to Zumba; 1. Design and Creative Workshops, such as Calligraphy,Art,Pottery,and/or Painting Classes: in. Exhibitions, including but not limited to Art Shows; n. Expositions; o. Fairs and/or Festivals; p. Fundraisers; q. Galas; r. Gallery Displays, including but not limited to works of art, either temporary or permanent; s. Holiday Parties; t. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; u. Meetings,including but not limited to Board,Business,Public and/or Shareholders Meetings; v. Mind and Body Classes and Sessions,including but not limited to Mediation and/or Yoga; w. Networking Events; x. Plenary or General Sessions; -9- Recommendation & Findings of Fact Petition 09-23 July 10,2023 y. Political Events; z. Press Conferences; aa. Product Launch Events; bb. Receptions; cc. Retreats and Team Buildings Events; dd. Sip and Paint Nights; ee. Social Events; ff. Symposiums; gg. Themed Events; hh. Vendor Fairs(Small Local Vendors); ii. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and jj. Other like assemblies of people. 5. 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. 6. 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. 7. 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. 8. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department,was four(4)yes,zero(0) no, and zero(o)abstentions. Three members were absent. - 10- Recommendation & Findings of Fact Petition 09-23 July 10, 2023 Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 11 - �tF1fflLf+ Or ," .. •• r f Lillian St , E!t C-�fI ( �` per "` .__ �,•- . . �; � �w air—� •• 'r F Subject Property Petition 09-23 JE Main L n -4- F iyt vt / 1. 20 ♦ Route 20 US 20E Fro a f "7 MIL can B/vor crown ;. +W1. ON EXHIBITA Aerial/Location Map 0 37.5 75 150 225 300 Map prepared by City of Elgin Feet Department of Community Development 71 Lillian St d PAB - > - Q 0 m Subject Property RC2 Petition 09-23 > Q y Main Ln AB ti oars s Legend QRC1 Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 QPRC Planned Residence Conservation PGI OSFR1 Single Family Residence 1 OPSFR1 Planned Single Family Residence QSFR2 Single Family Residence 2 �V Q PSFR2 Planned Single Family Residence Q TRF Two Family Residence 20 �V A PTRF Planned Two Family Residence O MFR Multiple Family Residence O PMFR Planned Multiple Family Residence ORB Residence Business OPRB Planned Residential Business R00 ?0 NB Neighborhood Business PNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business -CC1 Center City 1 clean Blvd -CC2 Center City 2 u$ 20E From M -PCC Planned Center City PRC -ORI Office Research Industrial — --- -PORI Planned Office Research Industrial -GI General Industrial -PGI Planned General Industrial -CI Commercial Industrial -CIF Community Facility �T -PCF Planned Community Facility lr B 1116 EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 35 70 140 210 280 Feet Department of Community Development i Subject Property 345 S. McLean Blvd. Main Ln Petition 09-23 a m Q c = o 0622251039 3 0622251040 RcUte?o EXHBIIT C Parcel Map N A City of Elgin o 15 30 so so 120 Department of Community Development i Feet EXHIBIT D SITE LOCATION 345 S. McLean Boulevard Petition 09-23 333 r m ::-� 314 J 333 ♦r ' W► _ Q1 335 316 Q i i 1 ii' O N N n 318 ;J 345 Up; q a C ry d lZ Subject Property Site area map with zoning overlay EXHIBIT D SITE LOCATION 345 S. McLean Boulevard Petition 09-23 w Ir Bird's eye view looking north Aff ''. r r «4r .s+aw North Mclean Boulevard .. � •- Subject. .roperty � ra n �.. �% ,Y- `! '''/'�+ 1•� z'R. �.. .-. ti- ,,. Y1 , .� .ram.. .1.1��+'Wnn iay. Bird's eye view looking west EXHIBIT D SITE LOCATION 345 S. McLean Boulevard Petition 09-23 Ll -.�... View of the property from the west •�' 4 n �r Y. y. • � f •may -� F ,z View 2 of the property from the west EXHIBIT D SITE LOCATION 345 S. McLean Boulevard Petition 09-23 Z i F The north elevation of the subject building at 345 S. McLean Blvd RM ,.�--. w- YAP ' T • � ..� G..lti"a..:' YYll View of the property from the south