HomeMy WebLinkAboutG52-23 Ordinance No. G52-23
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE
INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY
DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(18-20 Villa Court and 220 DuPage Street)
WHEREAS, written application has been made requesting conditional use approval to
establish a commercial event space for activities pertaining to assembly of people in conjunction
with the establishment of a performing arts theater at 18-20 Villa Court and 220 DuPage Street;
and
WHEREAS, the zoning lot with the building containing the premises at 18-20 Villa Court
and 220 DuPage Street is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the CC 1 Center City District, and a
commercial event space for activities pertaining to assembly of people is listed as a conditional
use within the CC 1 Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on November 6, 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 CC 1 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 November 6, 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 commercial event space for activities pertaining
to assembly of people is hereby granted for the property commonly known as 18-20 Villa Court
and 220 DuPage Street, which is commonly identified by Kane County Property Index Number
06-13-302-015, and legally described as follows:
THAT PART OF LOTS 8, 9, AND 10 IN BLOCK 11 OF THE ORIGINAL TOWN OF ELGIN
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT 8;THENCE WEST ON THE SOUTH LINE OF SAID LOT 8,25 FEET;THENCE NORTH
AND PARALLEL WITH THE EAST LINE OF SAID LOT, 96.87 FEET; THENCE EAST AND
PARALLEL WITH SAID SOUTH LINE 3 FEET; THENCE NORTH AND PARALLEL WITH
SAID EAST LINE TO THE SOUTH LINE OF THE ALLEY AS ESTABLISHED BY
CONDEMNATION SUIT IN THE COUNTY COURT OF KANE COUNTY, ILLINOIS (CASE
NUMBER 2367) ON OCTOBER 5, 1915; THENCE EAST ALONG THE SOUTH LINE OF
SAID ALLEY TO THE EAST LINE OF SAID LOT 10;THENCE SOUTH ON THE EAST LINE
OF SAID LOT 10 TO THE SOUTHEAST CORNER THEREOF;THENCE WEST ALONG THE
SOUTH LINE OF LOTS 10 AND 9, TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS
(commonly known as 18-20 Villa Court and 220 DuPage 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 MTK
Properties, as applicant, and DC Enterprises of Illinois, LLC, as property owner,
received September 21, 2023, and supporting documents including:
a. Statement of Purpose and Conformance, dated October 30, 2023;
b. ALTA/NSPS Land Title Survey, prepared by Polena Engineering LLC, dated
January 7, 2022; and
c. The eight-page architectural plan set titled: "The Elgin Playhouse",prepared by JB
Architecture,dated October 17,2023,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. 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. Beer, Wine, Liquor, and/or Food Tastings;
2
f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or
Bar and Bat Mitzvahs;
g. Conferences, Conventions, and/or Seminars;
h. Colloquiums;
i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
j. Corporate and/or Non-profit Events;
k. Couples Night Out Events;
1. Dance Performances and Recitals;
m. Dance Classes, including but not limited to Zumba;
n. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or
Painting Classes:
o. Dinners;
p. Exhibitions, including but not limited to Art Shows;
q. Expositions;
r. Fairs and/or Festivals;
s. Fundraisers;
t. Funeral Services;
u. Galas;
v. Gallery Displays, including but not limited to works of art, either temporary or
permanent;
w. Graduation Parties;
x. Health Fairs;
y. Holiday Parties;
z. Karaoke and Improvisational Events;
aa. 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;
bb. Live or Recorded Music Concerts;
cc. Luncheons;
dd. Meetings, including but not limited to Board, Business, Public and/or
Shareholders Meetings;
ee. Mind and Body Classes and Sessions, including but not limited to Mediation
and/or Yoga;
ff. Networking Events;
gg. Plenary or General Sessions;
hh. Political Events;
ii. Press Conferences;
jj. Product Launch Events;
kk. Receptions;
11. Rehearsal Space;
mm. Retreats and Team Buildings Events;
nn. Sip and Paint Nights;
oo. Social Events;
pp. Symposiums;
qq. Theatrical Productions;
rr. Themed Events;
ss. Vendor Fairs (Small Local Vendors);
3
tt. Wedding Ceremonies & Receptions, including but not limited to traditional
weddings, elopements, and/or civil unions; and
uu. Other like assemblies of people.
3. 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.
4. Except for any live or recorded musical concerts, which include the playing of music
as a primary use associated with such an event, 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. Musical
concerts or incidental playing of amplified live or recorded music are 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.
5. 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.
6. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
7. 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.
(M/d7f--/ e4
David J. Kaptaltf, May'
4
Presented: December 20, 2023
Passed: December 20, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 20, 2023
Published: December 20, 2023
Attest: € ^,t.F6tijA
. r
imberly Dewis, Cit Cl a.'vr* 1 v't ,
5
EXHIBIT A
November 6,2023
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 & Zoning Commission regarding Petition 31-23, an application by
MTK Properties, as applicant, and DC Enterprises of Illinois, LLC, as property owner, are
requesting a conditional use to establish a performing arts theater and a commercial event space
for activities pertaining to the assembly of people within the existing two-story commercial
building at the property commonly referred to as 18-20 Villa Court and 220 DuPage Street. The
property is located in downtown Elgin and is zoned CC1 Center City District and ARC Arterial
Road Corridor Overlay District.
GENERAL INFORMATION
Petition Number: 31-23
Property Location: 18-20 Villa Court and 220 DuPage Street
Requested Action: Conditional Use
Current Zoning: CC1 Center City District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. CC1 Center City District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant
Proposed Use: Performing arts theater and a commercial event space
Applicant: MTK Properties
Owner DC Enterprises of Illinois, LLC
Recommendation& Findings of Fact
Petition 31-23
November 6,2023
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
MTK Properties, as applicant, and DC Enterprises of Illinois, LLC, as property owner, are
requesting a conditional use to establish a performing arts theater and a commercial event space
for activities pertaining to the assembly of people within the existing two-story commercial
building at the property commonly referred to as 18-20 Villa Court and 220 DuPage Street. The
property is located in downtown Elgin and is zoned CC 1 Center City District and ARC Arterial
Road Corridor Overlay District.
The 19,074-square foot property is located at the northwest corner of Villa Cout and DuPage
Street. The property is improved with a 13,564-square foot, two-story building and a surface
parking lot with 11 parking spaces. The building has pedestrian access from Villa Court on the
east and from DuPage Street on the south. The on-site parking lot is located west of the building
with vehicular access from DuPage Street. All existing parking spaces are diagonal stalls
accessible from the one north-bound, one-way drive-aisle which exits onto the public alley
adjacent to the north. The east-west alley has access to Villa Court on the east and Spring Street
on the west.The existing building was constructed in 1927 in Tudor Revival architectural style for
the Elks organization. The building is known as the Elks Lodge,and is currently vacant.
The properties to the north,west,and south are zoned CC 1 Center City District,while the property
to the east across Villa Court is zoned CC2 Center City District.The properties to the north include
a variety of two- and three-story buildings. Those facing E. Chicago Street are largely mixed-use
buildings with commercial uses on the ground floor and residential or office uses on the upper
floors. The one building immediately to the north with frontage on Villa Court is a two-unit
multiple-family residential building.
-2-
Recommendation & Findings of Fact
Petition 31-23
November 6,2023
• The property
! adjacent to the
} west is the 210-214
k _ M1DuPage Street
•
• • • mixed-use
building with
`r- . ' 'N commercial uses
s e •, , ' � on the ground floor
1 >'_ •
r-_ ,i facing Ziegler
"I: F. , ., r p 1 Court and a
rsL. ;c _ . ,A -� ', ► multiple-family,
'' , �,, . '`i; .y three-story
� �
'r " building facing
DuPage Street.
. 11 The properties to
x , " `, 'Q the south across
w
.1 \ DuPage Street
\ s !
� .� � � include the vacant
�'- \ two-story
�r f •
, commercial
sa+ • building most
Figure 1:Site area map with zoning overlay recently occupied
by the Honda
motorcycle dealership and a one-story residential building. The property to the east across Villa
Court is the parking lot for the adjacent AT&T office building.
Proposal
MTK Properties,the owner/operator of the Schaumburg on Stage theater production company with
two theaters in Schaumburg, is proposing to establish a performing arts theater within the existing
13,564-square foot,two-story building at 18-20 Villa Court and 220 DuPage Street.
The applicant is proposing to renovate the building in three phases. The first phase would include
primarily the interior renovation to accommodate an elevator for accessibility and a performance
theater with seating for up to 138 persons. The second phase would include a 3,164-square foot
addition on the north side of the building, over the existing ground floor that would expand the
size of the building to 17,160 square feet. The addition would be designed in Tudor Revival
architectural style to complement the existing building. The building addition would expand the
theater seating for up to 290 persons. The third phase would include primarily the interior
renovation of the ground floor (accessible from DuPage Street) to establish a new speakeasy
lunge/restaurant with a full bar, commercial kitchen, and seating for up to 60 persons.
-3 -
Recommendation& Findings of Fact
Petition 31-23
November 6,2023
The applicant is proposing to use the building for various types of live theatrical performances.
With the exception of the new theater stage and seating, the building would be used for
complementary activities associated with organizing theater performances, such as office space,
dressing rooms, and costume and stage prop assembly and storage areas. The applicant's.goal is
to have at least one theater performance each week. The theater's hours of operation would vary
based on upcoming performances, but would generally be from 9 am to Midnight, including
rehearsals and preparations for larger events and actual performances, theater plays, and/or live
concerts.The actual events would likely be scheduled from 5 pm to Midnight.
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Figure 2:Proposed 1 s'floor plan of the Elgin Playhouse Theater during Phase I(left)and Phase II(right)
Similar to other downtown venues,the applicant also intends to make the facility available for rent
as a commercial event space for various types of theatrical productions, conferences, dinners,
wedding ceremonies, graduation parties, live or recorded music concerts, and other live
entertainment performances. Pursuant to a rental agreement, third parties would have access to
space for their events from 9 am to Midnight.
During the time the facility is used by the owner or rented by a third party, a minimum of two
employees would be on premises.Additional 5-10 employees would be present on premises during
any events as caterers, ushers, sound and lighting technicians, etc. As is the case with other event
-4-
Recommendation & Findings of Fact
Petition 31-23
November 6,2023
venues,most events by third parties renting the facility are expected to have food service with food
provided by outside caterers. No food would be cooked and prepared on site. Similarly,any event
may include the service of alcohol, with such service provided by either the applicant,or from an
off-site establishment which is in compliance with the City's liquor code. The applicant will have
to obtain a separate liquor license for the event space prior to any alcohol service on the premises.
The property has 11 parking spaces on site, but the zoning ordinance does not require off-street
parking for any land use within the CC1 District. Fifty parking spaces are available in the City-
owned surface parking lot at the northwest corner of Villa Street and Fulton Street, and ample
parking is available in the Fulton Street parking deck which has a total of 456 parking spaces. On-
street parking is also available on the west side of Villa Court and both sides of DuPage Street
with 2 HR restriction from 8 am to 5 pm Monday to Friday.
While the operation of a performing arts theater is a permitted use,the proposed commercial event
space for activities pertaining to the assembly of people is listed as a conditional use in the CC1
Center City District, requiring 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 part of the original town of Elgin subdivision
since the City's incorporation in 1835. The property was originally zoned E Commercial
District. By 1950, the property was rezoned to D Commercial District. 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. In 2001, the property became part of the ARC Arterial Road Corridor Overlay
District.
The existing building on site was
constructed in 1927 for The
Benevolent and Protective Order of
• Elks, a national charitable
"��� organization established in 1868
ii ii n whose purpose is to: "promote and
` 1 — _ moltpractice the four cardinal virtues of
; a Charity, Justice, Brotherly Love, and
'— — 3 Fidelity; to promote the welfare and
enhance the happiness of its
members; to quicken the spirit of
American Patriotism and cultivate
good fellowship." The building
Figure 3:Historical image of the existing building served as the Elks Lodge 737 for over
70 years. The building is designed in Tudor Revival architectural style and features
- 5 -
Recommendation& Findings of Fact
Petition 31-23
November 6,2023
multiple steeply pitched roof gables, half timbering on the second story, and a prominent
chimney. The building was renovated in 2004 to be used as office space. The building is
currently vacant.
3,
II
III II
1111
Figure 4:The main gathering space in the building before the renovation(left)and after the 2004 renovation(right)
B. Surrounding Land Use and Zoning. The properties to the north, west, and south are
zoned CCl Center City District,while the property to the east across Villa Court is zoned
CC2 Center City District. The properties to the north include a variety of two- and three-
story buildings. Those facing E. Chicago Street are largely mixed-use buildings with
commercial uses on the ground floor and residential or office uses on the upper floors.The
one building immediately to the north with frontage on Villa Court is a two-unit multiple-
family residential building.
The property adjacent to the west is the 210-214 DuPage Street mixed-use building with
commercial uses on the ground floor facing Ziegler Court and a multiple-family, three-
story building facing DuPage Street. The properties to the south across DuPage Street
include the vacant two-story commercial building most recently occupied by the Honda
motorcycle dealership and a one-story residential building. The property to the east across
Villa Court is the parking lot for the adjacent AT&T office building.
C. Comprehensive Plan. The subject property is designated as Public / Semi-Public by the
City's 2018 Comprehensive Plan. The public/semi-public land use designation includes a
range of uses that provide a service to the public and enhance quality of life. This land use
comprises various facilities and infrastructure belonging to federal, state, and local
government, public agencies, and service provider. Grade schools, pre-schools, high
schools, universities, and other educational institutions are considered public/semi-public
land uses, as are churches and other places of worship. Within Elgin, public/semi-public
uses include the Robert Gilliam Municipal Complex,police and fire stations,the Hemmens
Cultural Center, and the Gail Borden Public Library. Higher education uses make up a
large portion of this lands use, with Judson University and Elgin Community College
comprising more than 300 acres combined.
-6-
Recommendation & Findings of Fact
Petition 31-23
November 6,2023
D. Zoning District.The purpose and intent of the CC1 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 significant revitalization with several building and facade
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. Some of the notable businesses that have recently opened in the downtown area
include Kubo Sushi and Sake Lounge,BeaUnique Latin Kitchen,Meraki Market Hub,and
Vern's Tavern.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 31-23 on November 6, 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& Recommendation to the Planning&
Zoning Commission dated November 6, 2023.
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 performing arts theater and event space would
occupy the vacant 13,564-square foot building. The applicant is also proposing to expand
-7 -
Recommendation &Findings of Fact
Petition 31-23
November 6,2023
the building during Phase II construction for a total of 17,160 square feet of floor area.
The property is fully improved and includes a small parking lot with 11 parking spaces.
The applicant is not proposing any changes to the site. The proposed building addition
would be constructed over the existing ground floor 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 conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property is 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 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 fully improved and includes a parking lot
with 11 parking spaces.The access to the parking lot is from DuPage Street,while the exit
from the parking lot is on the north side of the property to the existing east-west alley which
provides connection to Villa Street on the east and Spring Street on the west. The
pedestrian access to the building exists on both Villa Court on the east side and DuPage
Street on the south side of the building. The subject 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.
While 11 parking spaces exist on site, the zoning ordinance does not require off-street
parking for any land use within the CC 1 District. Fifty parking spaces are available in the
City-owned surface parking lot at the northwest corner of Villa Street and Fulton Street,
and ample parking is available in the Fulton Street parking deck which has a total of 456
parking spaces.On-street parking is also available on the west side of Villa Court and both
sides of DuPage Street with 2 HR restriction from 8 am to 5 pm Monday to Friday.
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.
-8 -
Recommendation & Findings of Fact
Petition 31-23
November 6, 2023
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.
During Phase I,the applicant is proposing primarily the interior renovation of the building
to accommodate a theater stage with seating for 138 persons. Phase II would include a
3,164-square foot addition on the north side of the building to expand the theater seating
for up to 290 persons. Phase III would include the renovation of the ground floor
(accessible from DuPage Street) to establish a new speakeasy lunge/restaurant with a full
bar,commercial kitchen, and seating for up to 60 persons.
All theater performances and events held by third parties renting the theater would be
conducted on the interior of the building without any 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
facility would be permitted to have accessory music for various events as well as live or
recorded musical concerts. The applicant must comply with Chapter 10.30"Noise"of the
Elgin Municipal Code, 1976 as amended. The event space will be available for rent both
on weekdays and on weekends, which is similar to the hours of operations of other
downtown businesses, and event spaces, including The Highland Loft, The Ashbury, and
the Height commercial event spaces located downtown.
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 has agreed to construct the building addition in Tudor Revival architectural style
to complement the architecture of the existing building.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 31-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by MTK Properties,
as applicant, and DC Enterprises of Illinois, LLC, as property owner, received September
-9-
Recommendation& Findings of Fact
Petition 31-23
November 6,2023
21,2023,and supporting documents including:
a. Statement of Purpose and Conformance,dated October 30,2023;
b. ALTA/NSPS Land Title Survey, prepared by Polena Engineering LLC, dated
January 7,2022; and
c. The eight-page architectural plan set titled:"The Elgin Playhouse",prepared by JB
Architecture,dated October 17,2023,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. 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. Beer, Wine, Liquor, and/or Food Tastings;
f. Celebrations, Soirees, Private Parties, such as Anniversaries, Birthdays, and/or
Bar and Bat Mitzvahs;
g. Conferences,Conventions, and/or Seminars;
h. Colloquiums;
i. Consumer Shows,Trade Shows,Trunk Shows, and Fashion Shows;
j. Corporate and/or Non-profit Events;
k. Couples Night Out Events;
1. Dance Performances and Recitals;
m. Dance Classes, including but not limited to Zumba;
n. Design and Creative Workshops, such as Calligraphy, Art, Pottery,and/or
Painting Classes:
o. Dinners;
p. Exhibitions, including but not limited to Art Shows;
q. Expositions;
r. Fairs and/or Festivals;
s. Fundraisers;
t. Funeral Services;
u. Galas;
v. Gallery Displays, including but not limited to works of art, either temporary or
permanent;
w. Graduation Parties;
x. Health Fairs;
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Recommendation& Findings of Fact
Petition 31-23
November 6,2023
y. Holiday Parties;
z. Karaoke and Improvisational Events;
aa. 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;
bb. Live or Recorded Music Concerts;
cc. Luncheons;
dd. Meetings, including but not limited to Board, Business, Public and/or
Shareholders Meetings;
ee. Mind and Body Classes and Sessions, including but not limited to Mediation
and/or Yoga;
ff. Networking Events;
gg. Plenary or General Sessions;
hh. Political Events;
ii. Press Conferences;
jj. Product Launch Events;
kk. Receptions;
11. Rehearsal Space;
mm. Retreats and Team Buildings Events;
nn. Sip and Paint Nights;
oo. Social Events;
pp. Symposiums;
qq. Theatrical Productions;
rr. Themed Events;
ss. Vendor Fairs(Small Local Vendors);
tt. Wedding Ceremonies& Receptions, including but not limited to traditional
weddings,elopements,and/or civil unions; and
uu. Other like assemblies of people.
3. 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.
4. Except for any live or recorded musical concerts, which include the playing of music as a
primary use associated with such an event,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. Musical concerts or incidental
playing of amplified live or recorded music are only permitted on the interior of the
- 11 -
Recommendation& Findings of Fact
Petition 31-23
November 6, 2023
commercial event space. The applicant must comply with Chapter 10.30 "Noise" of the
Elgin Municipal Code, 1976 as amended.
5. 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.
6. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
7. 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 one(0)abstention. One member was absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
- 12-
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EXHIBITA Aerial/Location Map A E
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Map prepared by City of Elgin 0 30 so 120 180 24
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Department of Community Development
Highland Ave
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Subject Property
Petition 31 -23
Chicago St
Legend
GIS DBO ParceIsKane_V3
ORC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
PRC Planned Residence Conservation
OSFR1 Single Family Residence 1
OPSFR1 Planned Single Family Residence 1 DuPage St
QSFR2 Single Family Residence 2
QPSFR2 Planned Single Family Residence 2
TRF Two Family Residence
QPTRF Planned Two Family Residence
QMFR Multiple Family Residence
QPMFR Planned Multiple Family Residence �A
RB Residence Business n�
PRB Planned Residential Business N
®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
-OR!Office Research Industrial Fulton St
MIPORI Planned Office Research Industrial
-GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industnal
-CF Community Faulty
-PCF Planned Community Faclity
EXHIBIT B Zoning Map
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Map prepared by City of Elgin 0 30 60 120 180 240
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Department of Community Development
Subject Property
18-20 Villa St & 220 DuPage St
Petition 31 -23
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DuPage St
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EXHBIIT C Parcel Map N
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EXHIBIT D
SITE LOCATION
18-20 Villa Ct and
220 DuPage Street
r Petition 31-23
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EXHIBIT D
SITE LOCATION
18-20 Villa Ct and
220 DuPage Street
Petition 31-23
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EXHIBIT D
SITE LOCATION
18-20 Villa Ct and
220 DuPage Street
Petition 31-23
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