HomeMy WebLinkAboutG5-21Ordinance No. G5-21
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DANCE STUDIO AND SCHOOL IN THE AB
AREA BUSINESS DISTRICT
(145 S. Randall Road, Suite 2)
WHEREAS, written application has been made requesting conditional use approval to
establish a dance studio and school at 145 South Randall Road, Suite 2; and
WHEREAS, the zoning lot with the building containing the premises at 145 South Randall
Road, Suite 2 is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area Business District and a
dance studio and school is listed as a conditional use within the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on December 7, 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 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 December 7, 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 for a dance studio and school is hereby granted for
the property commonly known as 145 South Randall Road, Suite 2, which is part of the property
commonly identified by Kane County Property Index Numbers 06-21-106-036 and 06-21-106-
038, and legally described as follows:
PARCELI:
Lots 2 and 3 in Triad Randall Lake Resubdivision, according to the plat thereof recorded
October 4, 1999 as document 1999K095211, in the City of Elgin, Kane County, Illinois.
PARCEL 2:
Easement for ingress and egress for the benefit of Parcel 1 on and over cross hatched area
depicted on the plat of subdivision of Randall Lake Crossing recorded as document no.
94K086086, in the City of Elgin, Kane County, Illinois.
Commonly known as 145 South Randall Road.
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 Briezay Dance
Academy, LLC, as applicant, and EZ Breeze Car Wash LLC, as property owner,
received October 15, 2020 and supporting documents including:
a. A letter from Briezay Dance Academy regarding "Approval for Briezay Dance
Studio located at 145 S Randall Road / Ste 2", dated October 15, 2020;
b. A letter from Briezay Dance Academy regarding "Response to email dated
November 3, 2020", dated November 9, 2020;
c. ALTA/ACSM Land Title Survey, prepared by AES Consultants, Ltd., dated
December 23, 2005;
d. Undated Briezay Dance Academy 145 South Randall Road Elgin, Illinois plan set,
prepared by Mohammed Aburmishan, received October 15, 2020, with such further
revisions as required by the Community Development Director, and
e. Undated "New Parking Plan Approved Permit # 20-00069848", received
November 9, 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.
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.
avid J. Kapt ' , Wyor
2
Presented: January 27, 2021
Passed: January 27, 2021
Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: January 27, 2021
Published: January 28, 2021
z
Kimberly Dewik,.Vity Clerk
EXHIBIT A
December 7, 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 29-20, an application by
Briezay Dance Academy, LLC, as applicant, and EZ Breeze Car Wash LLC, as property owner,
requesting a conditional use to establish a dance school at the property commonly referred to as
145 S. Randall Road. The property is zoned AB Area Business District.
GENERAL INFORMATION
Petition Number:
Property Location: 145 S. Randall Road, Suite 2
Requested Action: Conditional Use
Current Zoning: AB Area Business District
Proposed Zoning: _ No change. AB Area Business District
Existing Use: Vacant commercial storefront
Proposed Use: Dance Studio and School
Applicant: Brieza� Dance Academy, LLC
Owner EZ Breeze Car Wash LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
I:
C. Parcel Mat}
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Briezay Dance Academy, LLC, as applicant, and EZ Breeze Car Wash LLC, as property owner,
are requesting a conditional use to establish a dance school at the property commonly referred to
as 145 S. Randall Road. The property is zoned AB Area Business District.
The 61,554-square foot property, commonly known as 145 S. Randall Road, is located on the east
side of S. Randall Road just south of US Highway 20. The property is located in rear of other
commercial outlots and does not have direct access to Randall Road. The access to the property is
provided from Weld Road extension east of its signalized intersection with Randall Road.
The properties to the north, west and south are all zoned AB Area Business District and are
primarily improved with commercial uses. Marcus Elgin Cinema theater is located to the north,
Old Republic restaurant is located to the west, while Valvoline Instant motor vehicle repair shop
and US Post Office facility are located to the south. East of the subject property, separated by Otter
Creek, are single-family residences located in unincorporated Kane County.
Figure 1: Area map with zoning overlay
-2-
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
The subject property is a new tenant space, Suite 2, within the existing 7,210-square foot building
formerly occupied by a car wash. The owner of the property is in the process of renovating the
building to establish a laundromat and is creating a new 693-square foot tenant space for the
proposed dance studio. The property includes a surface parking lot with 37 parking spaces.
Briezay Dance Academy would be a small dance studio offering beginners courses for children
and adults in tap, ballet, hip -hop, performance dance, and Zumba. Classes would be offered
Monday -Friday from 3:00 pm to 8:00 pm and Saturdays from 8:00 am to 12:00 pm with
approximately 4-6 students and one instructor. The dance school would teach beginners how to
perform the proper technique and get them ready to move into a larger studio. With smaller class
size the studio would give the students the ability to learn quicker but still have the peer learning
necessary for team building skills.
I
IRM
TENANT SPACE
Figure 2: Building floor plan
The applicant is not proposing any exterior changes to the building and is proposing only minor
improvements to the interior of the tenant -space. A new wall sign would be installed, which would
meet the zoning ordinance requirements.
The proposed dance school is required to provide three parking spaces, based on the parking
requirement for one parking space per employee during the peak shift and one parking space per
ten students during the peak time. With two employees during the peak shift and the maximum of
six students, the proposed use is required to provide a total of three parking spaces. With the
-3-
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
proposed laundromat, which is required to provide a total of 15 parking spaces, the entire property
is required to have a total of 18 parking spaces. With 37 parking spaces on the property, the
property will continue to meet the parking requirement.
A dance studio and school is listed as a conditional use in the AB Area Business District, and
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 annexed to the city in 1974. Upon annexation,
the property was zoned B-3 Service Business District. In 1992 it was rezoned to AB Area
Business District as part of the comprehensive amendment to the zoning ordinance.
The existing building was constructed in 1999.
B. Surrounding Land Use and Zoning. The subject property is part of a larger commercial
area east of S. Randall Road and south of US Highway 20. The property is located in rear
of other commercial outlots and does not have direct access to Randall Road. The
properties to the north, west, and south are all zoned AB Area Business District and are
primarily improved with commercial uses. Marcus Elgin Cinema theater is located to the
north, Old Republic restaurant is located to the west, while Valvoline Instant motor vehicle
repair shop and US Post Office facility are located to the south. East of the subject property,
and separated by Otter Creek, are single-family residences located in unincorporated Kane
County.
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 and intent of the AB Area Business District is to provide
commodities and services to several neighborhoods, and in some instances to a community
wide 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.
E. Trend of Development. The subject property is located within an established multi -
building commercial area that was developed in the mid-1990s. Most recent development
-4-
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
within this commercial area includes the renovation for the former Texas Roundhouse
restaurant into Old Republic restaurant. Other existing commercial uses surrounding the
subject property include Marcus Elgin Cinema movie theater, Old Republic, Applebee's,
McDonald's, and Boston Market restaurants, and Aldi grocery store, among others.
The commercial area is fully built -out and no new buildings are expected in the immediate
area. With the high volume of traffic along Randall Road and easy access to US Highway
20, the area will continue to be occupied with commercial uses in the future and will
continue to provide retail goods and services for the surrounding neighborhoods, as well
as the residents from a larger area due to its location along Randall Road.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 29-20 on December 7, 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 December 7, 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, and vegetation, and
existing improvements. The proposed dance studio would occupy a new 693-square foot
tenant space within an existing commercial building. The applicant is not proposing to
make any exterior changes to the building, and only minor improvements on the interior to
accommodate the new use. 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
-5-
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property and the existing building are currently served by municipal water, sanitary
sewer, and storm water systems. The proposed dance studio would not have its own water
or sanitary sewer facilities. Instead, the space would share the restroom facilities with the
new laundromat proposed to occupy the remainder of the building. Any proposed changes
to the existing sewer and water utilities to accommodate the commercial laundry facility
will meet all city requirements.
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 is part of a multi -building commercial area with
access to Randall Road via Weld Road extension. The property and the entire commercial
area maintain a safe and efficient on -site and off -site vehicular circulation. As part of the
property conversion from a car wash to a laundromat and a dance studio, no changes would
be made to the existing site layout and access. The proposed use will not have any negative
effect on the existing on -site and off -site traffic circulation.
Per the zoning ordinance, the proposed dance school is required to provide three parking
spaces, based on the parking requirement for one parking space per employee and one
parking space per ten students during the peak time. With two employees during the peak
shift and the maximum of six students, the proposed use is required to provide a total of
three parking spaces. With the proposed laundromat, which is required to provide a total
of 15 parking spaces, the entire property is required to have a total of 18 parking spaces.
With 37 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
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 hours of
operation are consistent with those of surrounding businesses. The applicant is not
proposing to make any exterior changes to the building except for future wall graphics
which will meet zoning ordinance requirements. 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 proposal represents a desirable and compatible use to other existing uses within the
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
surrounding commercial area that will contribute to the diversity of uses and vibrancy of
the area along Randall Road commercial corridor.
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 29-20, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Briezay Dance
Academy, LLC, as applicant, and EZ Breeze Car Wash LLC, as property owner, received
October 15, 2020 and supporting documents including:
a. A letter from Briezay Dance Academy regarding "Approval for Briezay Dance Studio
located at 145 S Randall Road / Ste 2", dated October 15, 2020;
b. A letter from Briezay Dance Academy regarding "Response to email dated November
3, 2020", dated November 9, 2020;
c. ALTA/ACSM Land Title Survey, prepared by AES Consultants, Ltd., dated December
23, 2005;
d. Undated Briezay Dance Academy 145 South Randall Road Elgin, Illinois plan set,
prepared by Mohammed Aburmishan, received October 15, 2020, with such further
revisions as required by the Community Development Director, and
e. Undated "New Parking Plan Approved Permit # 20-0006§848", received November 9,
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.
3. Compliance with all applicable codes and ordinances.
-7-
Recommendation & Findings of Fact
Petition 29-20
December 7, 2020
The vote of the Planning & Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was six (6) yes, zero (0) no,
and zero (0) abstentions. All members were present.d
Respectfully Submitted,
s/ JaY Cox
Jay Cox, Chairman
Planning & Zoning Commission
s/ Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning & Zoning Commission
EXHIBITA serial/Location Map N
w+E
s
Map prepared by City of Elgin o so 120 240 360 480
Department of Community Development
Feet
- a
V
Legend
QRC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
O SFR1 Single Family Residence 1
PSFR1 Planned Single Family Residence 1
O SFR2 Single Family Residence 2
O PSFR2 Planned Single Family Residence 2
O TRF Two Family Residence
OPTRF Planned Two Family Residence
O MFR Multiple Family Residence
O PMFR Planned Multiple Family Residence
ORB Residence Business
1D PRB Planned Residential Business
NB Neighborhood Business
® PNB Planned Neighborhood Business
AB Area Business
PAB Planned Area Business
® CC1 Center City 1
CC2 Center City 2
PCC Planned Center City
ORI Office Research Industrial
PORI Planned Office Research Industrial
GI General Industrial
PGI Planned General Industrial
Cl Commercial Industrial
CIF Community Facility
PCF Planned Community Facility
EXHIBIT B
Map prepared by City of Elgin
Department of Community Development
Subject Property
Petition 29-20
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Zoning Map
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145 S. Randall Rd.
Petition 29-20
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EXHIBIT C Parcel Map N
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City of Elgin 0 30 60 120 180 240
Department of Community Development Feet
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EXHIBIT D
SITE LOCATION
145 S. Randall Rd
Petition 29-20
= i
Bird's eye view looking north
Bird's eye view looking west
1
lip
EXHIBIT D
SITE LOCATION
145 S. Randall Rd
Petition 29-20
Existing building formerly used as car wash
Existing building formerly used as car wash
2
EXHIBIT D
SITE LOCATION
145 S. Randall Rd
• ,4s8&01
Existing building formerly used as car wash
New tenant space for the proposed dance school 3