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HomeMy WebLinkAboutG44-20 Ordinance No. G44-20 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (633 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 633 East Chicago Street; and WHEREAS, the zoning lot with the building containing the premises at 633 East Chicago Street is legally described herein (the "Subject Property"); and WHEREAS,the Subject Property is located within the RB Residence Business District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility is listed as a conditional use within the RB Residence Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 14, 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 RB Residence 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 September 14, 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 physical fitness facility is hereby granted for the property commonly known as 633 East Chicago Street, property commonly identified by Kane County Property Index Numbers 06-13-426-011, and legally described as follows: Lots 7 and 8 in Block 1 of Eastview Addition to Elgin, in the City of Elgin, Kane County, Illinois, being a subdivision in the Southeast '/4 of Section 13, Township 41 North, Range 8, East of the Third Principal Meridian, in Kane County, Illinois. (commonly known as 633 East Chicago 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 Alejandro Ocampo, as applicant, and Monier Jibawi, as property owner, received July 30, 2020, and supporting documents including: a. Undated Statement of Purpose and Conformance Atrevete Fitness, received July 30, 2020; b. Undated Floor Plan, received July 30, 2020, with such further revisions as required by the Community Development Director; and c. Undated Site plan, received July 30, 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. YA David J. KieitainA4ayor 2 Presented: October 28, 2020 Passed: October 28, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 28, 2020 Published: October 29, 2020 Ztts . A I i erly Dewi ity er k i k 3 FINDINGS OF FACT PETITION 21-20 633 E. Chicago Street EXHIBIT A September 14, 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 21-20, an application by Alejandro Ocampo, as applicant, and Monier Jibawi, as property owner, requesting a conditional use to establish a physical fitness facility at the property commonly referred to as 633 E. Chicago Street. GENERAL INFORMATION Petition Number: 21-20 Property Location: 633 E. Chicago Street Requested Action: Conditional Use Current Zoning: RB Residence Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. RB Residence Business District Existing Use: Vacant commercial building Proposed Use: Physical Fitness Facility Applicant: Alejandro Ocampo Owner Monier Jibawi Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map Recommendation & Findings of Fact Petition 21-20 September 14, 2020 D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Alejandro Ocampo, as applicant, and Monier Jibawi, as property owner, are requesting a conditional use to establish a physical fitness facility at the property commonly referred to as 633 E. Chicago Street. The 15,027-square foot property,zoned RB Residence Business District,is located on the east side of Elgin at the southwest corner of E. Chicago Street and S. Preston Avenue. The property is improved with a one-story 2,404-square foot commercial building and a surface parking lot with 14 parking spaces. The existing building is currently vacant but was most recently occupied by a hair salon. The properties to the west,north and east,all with frontage along E. Chicago Street, are also zoned RB Residence Business District but are improved with single-family homes. The properties adjacent to the south are zoned RC2 Residence Conservation District and are also improved with single-family homes. e } Figure 1 Site area map 1 Recommendation& Findings of Fact Petition 21-20 September 14, 2020 The applicant is proposing to establish a physical fitness facility for group and private exercise and dance classes. The facility would offer a variety of classes including but not limited to cardio fitness,toning,Zumba, and Latin private dance lessons. The existing building offers an open floor plan where one class can be offered at the time. Classes would be offered every two hours from 6 a.m. to 9 p.m. Monday-Saturday and from 5 a.m. to noon on Saturday and Sunday. The only staff member would be the class instructor with up to ten participants per class. The applicant is not proposing any changes to the exterior of the building, and only minor improvements may be necessary on the interior of the building to accommodate the proposed use. Most of the front portion of the building is open space,while the rear of the building already includes two bathrooms and an office. The facility is required to provide a total of four parking spaces based on the requirement for one parking space per four students(ten participants per class) plus one parking space per employee. Fourteen parking spaces currently exist on the property which meets the parking requirement. The proposed physical fitness facility is listed as a conditional use in the RB Residence Business District. Conditional uses 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 property was classified as B Residential District by the first zoning ordinance 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 RB Residence Business 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 2,404-square foot one-story commercial building with the surrounding parking lot was constructed in 1970. The building was originally occupied by a convenience store(7Eleven). In 2002,a furniture store opened in the building and operated until 2017. The last use of the building was a beauty salon, which operated from 2017 until December of 2019. The property has been vacant since December of 2019. B. Surrounding Land Use and Zoning. The properties to the west, north and east, all with frontage along E. Chicago Street, are also zoned RB Residence Business District but are improved with single-family homes. The properties adjacent to the south are zoned RC2 Residence Conservation District and are also improved with single-family homes. C. Comprehensive Plan. The subject property is designated as Neighborhood Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. 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 - 3 - Recommendation & Findings of Fact Petition 21-20 September 14, 2020 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 of the RB Residence Business District is to conserve the residential character of certain properties located within transportation corridors as designated by the Official Comprehensive Plan by providing various use alternatives, but with site design regulations in keeping with a residential environment. E. Trend of Development. The subject property is located on the east side of Elgin along E. Chicago Street corridor west of Bode Road. The E. Chicago Street corridor west of Bode Road has developed with small scale commercial uses and developments in-between single-family homes. Most single-family homes are still occupied by residential uses, but the trend of development has been the conversion of single-family homes into small commercial offices and retail services such as small insurance agencies and beauty salons. Staff anticipates the immediate area surrounding the subject property along E. Chicago Street corridor will continue to be occupied with uses serving the immediate neighborhood or possibly medium density multiple family residential developments. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 21-20 on September 14,2020. 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 September 14, 2020. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings.The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements.The 15,027-square foot property is improved with an existing one- story 2,004-square foot building and the accessory parking lot which cover almost the entire property. The applicant is proposing to occupy the existing building without any -4 - Recommendation & Findings of Fact Petition 21-20 September 14, 2020 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. 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 minimize traffic congestion.The property has frontage along E.Chicago Street on the north and S. Preston Avenue on the east. The on-site parking lot includes two access driveways, one to E. Chicago Street and the second to S. Preston Avenue, which allow for efficient access to and from the property. With the maximum of ten participants per class in the future and one instructor for each class, the proposed fitness club is expected to generate minimal vehicular trips, which will not cause any traffic congestion in the surrounding neighborhood. The facility is required to provide a total of four parking spaces based on the requirement for one parking space per four students(ten participants per class)plus one parking space per employee. Fourteen parking spaces currently exist on the property which meets the parking requirement. The proposed use will not have any negative effect on the surrounding properties. 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 - 5 - Recommendation & Findings of Fact Petition 21-20 September 14, 2020 proposed fitness club offering group exercise and dance classes. The space can easily accommodate one class at the time that would have a maximum of ten participants per class. 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 21-20, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Alejandro Ocampo,as applicant, and Monier Jibawi, as property owner,received July 30,2020,and supporting documents including: a. Undated Statement of Purpose and Conformance Atrevete Fitness, received July 30, 2020; b. Undated Floor Plan,received July 30,2020,with such further revisions as required by the Community Development Director; and c. Undated Site plan, received July 30, 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 -6- Recommendation & Findings of Fact Petition 21-20 September 14, 2020 the conditions outlined by the Community Development Department, was four (4) 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 - 7 - Forest Ave Q e DNislon St � 4 Linden Ave Subject Property Petition 21 -20 m � v a°v � a Eastview St EXHIBITA Aerial/Location Map N w+e S Map prepared by City of Elgin o ao ao Aso zao 32Feet Department of Community Development -- - RC-2 Division St i - Q 0 a RC3 Linden Ave Subject Property Petition 21 -20 m a J 2 RB Chicago St Legend ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 O RC3 Residence Conservation 3 Q G O PRC Planned Residence Conservation N OSFR1 Single Family Residence 1 OPSFR1 Planned Single Family Residence 1 OSFR2 Single Family Residence 2 OPSFR2 Planned Single Family Residence 2 OTRF Two Family Residence OPTRF Planned Two Family Residence OMFR Multiple Family Residence PMFR Planned Multiple Family Residence EastvieW St ORB Residence Business OPRB Planned Residential Business ©NB Neighborhood Business ©PNB Planned Neighborhood Business RC2 -AB Area Business -PAB Planned Area Business MCC 1 Center City 1 -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial -PORI Planned Office Research Industrial -GI General Industrial PRC -PGI Planned General Industrial 1 -Cl Commercial Industrial -CF Community Facility -PCF Planned Community Facility EXHIBIT Zoning Map 'A5 N�`y.+1 Map prepared by City of Elgin 0 30 60 120 180 240 Department of Community Development Feet Subject Property 633 E. Chicago St. Petition 21 -20 E Chicago St a� Q c 0 w 0 0613426011 a EXHIBIT Parcel Map N A City of Elgin 0 10 20 40 60 80 Department of Community Development i Feet EXHIBIT D SITE LOCATION 633 E. Chicago Street Petition 21-20 c� 65767272 E � o O 070 b00 0 m � 12 21 ,...y 1 16 ■ WD q , r ,0 i Sit • Area Map EXHIBIT D SITE LOCATION 633 E. Chicago Street Petition 21-20 S' af L{ East icago Street(IL 19) Bird"s eye view looking south k arh Front elevation of • building EXHIBIT D SITE LOCATION 633 E. Chicago Street Petition East elevation of the building along Preston Avenue � i' r. . ' � ,,�-!' � ;� f if •`. J � 1 West sideof the building