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HomeMy WebLinkAboutG5-23 Ordinance No. G5-23 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G19-10, AS AMENDED BY ORDINANCES NO. G2-13 AND G64-21 (581 North McLean Boulevard) WHEREAS, the territory described herein has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G19-10; and WHEREAS, by adopting Ordinance No. G2-13 on January 9, 2013, the City Council amended Ordinance No. G19-10 to permit the construction of a motor vehicle repair shop specifically related to automobile windshield installation and repair within the subdivision commonly known as Wing Park Shopping Center; and WHEREAS, by adopting Ordinance No. G64-21 on December 15, 2021, the City Council further amended Ordinance No. G19-10,as amended by Ordinance No.G2-13,to grant a departure from the parking requirement to allow the establishment of any permitted use in the PAB District without the need to provide additional parking spaces, and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G19-10,as amended by Ordinances No. G2-13 and No. G64-21,to allow a departure from the parking requirements for the establishment of a membership organization with a commercial event space for activities pertaining to the assembly of people, an eating place, and a drinking place at 581 North McLean Boulevard; and WHEREAS,the zoning lot with the building containing the premises at 581 North McLean Boulevard is legally described in Section 2 of Ordinance No. G19-10 (the "Subject Property"); and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 2022 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 an amendment to the PAB Planned Area Business District established by Ordinance No. G19-10, as amended by Ordinances No. G2-13 and No. G64-21,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 5, 2022, 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 Section 2. H. of Ordinance No. G64-21, which regulates "Off-street Parking" in the PAB Planned Area Business District of the Subject Property, is hereby amended to include the following additional condition: 2. Notwithstanding the Section 2. H. 1. above, a departure is hereby granted to allow the establishment of a membership organization with a commercial event space for activities pertaining to the assembly of people, an eating place, and a drinking place at 581 North McLean Boulevard on the Subject Property without the requirement to provide additional parking spaces, provided a minimum of 319 parking spaces are located on the Subject Property. Section 3. That except as amended herein,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No.G19-10,as amended by Ordinances No. G2-13 and G64-21. In the event of any conflict between this ordinance, Ordinance No. G19- 10, Ordinance No. G2-13, and Ordinance No. G64-21, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Olz- David J. Kap in, yor Presented: January 25, 2023 Passed: January 25, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: January 25, 2023 i, 4 _, Published: January 25, 2023 A es4. , 'mberly Dewis, Cityfler - 2 - EXHIBIT A December 5, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petitions 43-22 and 49-22, an application by Watch City VFW Post 1307,as applicant,and Elgin Improvement LLC,as property owner, requesting approval of an amendment to PAB Planned Area Business District Ordinance No. G19-10,previously amended by Ordinance Nos.G2-13 and G64-21,with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces, and any other departures as may be necessary or desirable, and conditional uses for a membership organization and a commercial event space for activities pertaining to the assembly of people, all of which are necessary to establish a new facility for Veterans of Foreign Wars(VFW)Post 1307 within an existing commercial tenant space at the property commonly referred to as 581 N. McLean Boulevard,more specifically identified by the Kane County Property Index Number 06- 10-451-019. The properties classified in the PAB Planned Area Business District established by Ordinance No.G19-10, as amended by Ordinance Nos. G2-13 and G64-21, are commonly known as 551-589 N. McLean Boulevard, 554-590 Weston Avenue, 1341-1363 Manor Court, and 1343 Wing Street. GENERAL INFORMATION Petition Number: 43-22 and 49-22 Property Location: 581 N. McLean Boulevard Requested Action: Map Amendment to Planned Development Ordinance No. G19-10, As amended by Ordinances No. G2-13 and G64-21, and conditional use Current Zoning: PAB Planned Area Business District established by Ordinance No. G 19-10, as amended by Ordinances No. G2-13 and G64-21 and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change(PAB Planned Area Business District) Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 Existing Use: Vacant commercial space part of a multi-tenant shopping center Proposed Use: Membership organization, commercial event space, eating place, and a drinking place Applicant: Watch City VFW Post 1307 Owner Elgin Improvement LLC Staff Coordinators: 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 Watch City VFW Post 1307, as applicant, and Elgin Improvement LLC, as property owner, are requesting approval of an amendment to PAB Planned Area Business District Ordinance No.G 19- 10, previously amended by Ordinance Nos. G2-13 and G64-21, with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces, and any other departures as may be necessary or desirable, and conditional uses for a membership organization and a commercial event space for activities pertaining to the assembly of people, all of which are necessary to establish a new facility for Veterans of Foreign Wars (VFW) Post 1307 within an existing commercial tenant space at the property commonly referred to as 581 N. McLean Boulevard, more specifically identified by the Kane County Property Index Number 06-10-451- 019.The properties classified in the PAB Planned Area Business District established by Ordinance No.G19-10,as amended by Ordinance Nos.G2-13 and G64-21,are commonly known as 551-589 N. McLean Boulevard, 554-590 Weston Avenue, 1341-1363 Manor Court, and 1343 Wing Street. The subject property is a 2,450-square foot vacant commercial tenant space part of the Wing Park Shopping Center. The multi-tenant and multi-building shopping center is located at the southeast corner of Wing Street and N. McLean Boulevard and is also bounded with frontage along Weston Avenue on the east and Eagle Drive on the south. The shopping center consists of six separate -2 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 buildings with a total of 61,849 square feet of floor area and 319 parking spaces shared by all tenants. Current tenants include Walgreens, Dollar General, and Wing Park Liquors retail stores, and Big Apple Bagels, La Michoacana and Little Caesar's restaurants, among others. Approximately 13,578 square feet is currently vacant. -` r _ 14 The shopping e center is zoned � �� �j 'e PAB Planned w,,, - +► •!i,A' •` Area Business tl "If 2 'N..... District t ;+.,I Wing Park , established by a 1 4. - Shoe•i • Center Ordinance No. i�, - f. ���. G19-10 in 2010, a. - , ► which approved ,'�A' � the construction :f.. _ *� :_ ==t"4 Subject• .4 store. The el, ,t I , M.'," _./lik. , _ ,', properties to the o �1 174 . - ( west along N.0"79 t' -r ; ' ;:�- '" i I McLean ,,it , 4 _ , �, ri it, ,:, , l : Boulevard are all . ` 1_.�,' 1 ,r _ I .: +_--i zoned AB Area .I I - -- i' ` i , , .. Business District -t �� : `-- and are improved �`.: ._q .• - w -ri with one or two !�.. -. _. ., _II�- ., ..1 ,- - , story commercial '• iio• and/or office Figure 1.Site aerial map with zoning overlay buildings. The property to the north across Wing Street is zoned CF Community Facility District and is improved with Illinois Park School, an elementary school. The properties to the east across Weston Avenue are zoned RC1 Residence Conservation District and are improved with single-family homes. The two properties located to the south across Eagle Drive are zoned CF Community Facility District and are improved with Calvary Lutheran Church and the accessory parking lot. Proposal VFW is proposing to open its Post 1307 within the existing 2,450-square foot vacant tenant space located at 581 N. McLean Boulevard. Post 1307 would provide veterans in Elgin and the surrounding area a place to come and share comradery, find assistance for any type of need, and provide opportunities for community involvement. -3 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 ..» nM:• Zrgl aaa:, : ,,c� VFW! tr. -, .. - tl :i 01116 CI l , , Tar Figure 2.Proposed floor plan for VFW Post 1307 The applicant is proposing to undertake substantial interior renovation to create a "cantina" (bar/restaurant) at the front of the tenant space with a commercial kitchen and bar seating similar to that of a typical restaurant. Six 4-person tables would also be set up for additional restaurant- style seating. The rear of the room would be set up as a meeting room with six 8-person round tables. The meeting room area would be used for VFW Post meetings on the Pt Monday of the month, and the Auxiliary's meetings on the 1st Wednesday of the month. VFW is also proposing to host various other types of events, such as Christmas parties, birthday parties, baby showers, etc. VFW is planning to apply for a liquor license to be able to serve alcohol for on-premise consumption, and a gaming license to be able to install video gaming terminals. An area for two video gaming terminals would be created in the front portion of the space that is less than 10 percent of the floor area, which qualifies the video gaming terminals as an accessory use, and which is customary for other restaurants with a gaming license. The proposed hours of operation would be 1 pm— 1 am Monday through Thursday, 11 am—2 am Friday and Saturday, and 11 am- 1 am on Sunday. The liquor license would regulate the hours of alcohol sales and service. The applicant is not proposing any exterior changes to the building or the site. Any future street graphics will need to meet the zoning ordinance requirements. Parking The proposed VFW membership organization is required to provide one parking space per 4 seats, plus one parking space per employee.With 83 seats total and 3 employees during the busiest time, the facility is required to have 24 parking spaces.With the proposed VFW facility and the existing mix of tenants, the shopping center is required to have a total of 334 parking spaces. With 319 parking spaces on site,the shopping center does not meet the parking requirement.Approximately 13,578 square feet of the shopping center floor area is currently vacant. In 2021,the City granted a departure from the parking requirement for the shopping center to allow -4- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 the establishment of any permitted use within the shopping center in the instances when the shopping center does not meet the parking requirement per the zoning ordinance. The parking departure,however, is not applicable to the conditional uses. As part of its application,the applicant is requesting the approval of another parking departure to allow the establishment of the VFW Post 1307 at 581 N. McLean Boulevard. The applicant has provided traffic counts to demonstrate the availability of parking during the shopping center's peak times. The applicant provided parking occupancy counts on Monday and Wednesday evenings when VFW monthly meetings would occur, and on Saturday midday, which coincides with the shopping center's busiest time. At most, 102 of 319 parking spaces (32 percent) are currently occupied on Saturday midday.As such 217 parking spaces are available for VFW and other future tenants. The shopping center has adequate parking to meet the needs of the proposed VFW Post 1307 and other existing tenants in the building. The requested parking departure is summarized in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1. Detail of the Parking Departures for Wing Park Shopping Center Requirement Proposal # of parking spaces 334 parking spaces based on 319(existing on site) required existing tenants and VFW The proposed VFW is classified as a membership organization with a commercial event space,an eating place (restaurant), and a drinking place (service of alcohol for on-premise consumption). While the eating place and the drinking place are allowed as a permitted use in the PAB Planned Area Business District,conditional use approval is required for the membership organization and the commercial event space. The conditional use 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 1954.Upon annexation, the property was zoned D Commercial. The existing multi-tenant shopping center was constructed in 1959. In 1962,the property was rezoned to B 1 Retail Business District, and in 1992 it 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. In 2010,the property was rezoned to PAB Planned Area Business District to accommodate the construction of the Walgreens building on the north side of the property along Wing -5 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 Street. In 2013, the PAB District was amended by Ordinance No. G2-13 to allow for the construction of Safelite AutoGlass motor vehicle repair shop. In 2021, the City amended the PAB District by Ordinance No. G64-21 to grant a parking departure allowing any permitted use to establish within the shopping center without the need to provide additional parking. Over the years,the City approved several conditional uses in the shopping center. In 1997, the City approved the establishment of a day care center at 1341 Wing Street by Ordinance No. G35-97,which was at the north end of the shopping center prior to the construction of the Walgreens store. In 2013,the City approved the expansion of Wing Park Liquors store at 571 N. McLean Boulevard by Ordinance No. G21-13. In 2017, the City approved the establishment of a physical fitness facility(a martial arts school) at 1341 B Manor Court by Ordinance No. G32-17. And in 2021, the City approved the establishment of another physical fitness facility,The Work Out Zone,this time at 575 N. McLean Boulevard. B. Surrounding Land Use and Zoning. The shopping center is zoned PAB Planned Area Business District established by Ordinance No. G19-10 in 2010, which approved the construction of the Walgreens store. The properties to the west along. N. McLean Boulevard are all zoned AB Area Business District and are improved with one or two story commercial and/or office buildings. The property to the north across Wing Street is zoned CF Community Facility District and is improved with Illinois Park School, an elementary school. The properties to the east across Weston Avenue are zoned RC1 Residence Conservation District and are improved with single-family homes. The two properties located to the south across Eagle Drive are zoned CF Community Facility District and are improved with Calvary Lutheran Church and accessory parking lot. C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. Located along the City's heavily traveled corridors and intersections, 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 PAB Planned Area Business District established by Ordinance No. G19-10 is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments,of the Elgin Municipal Code, 1976 as amended. E. Trend of Development. The area around the intersection of N. McLean Boulevard and Wing Street has been zoned for a business district since its annexation in the 1950s. Over the years, properties along N. McLean Boulevard near Wing Street have developed with -6- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 neighborhood retail and service uses providing goods and services to the surrounding neighborhoods. Despite the large volume of traffic, N. McLean Boulevard corridor south of the subject property maintains an intimate feel because several, two- and three-story office buildings were constructed close to the street with parking in the side or rear yards. The corridor has developed with a variety of uses, including offices, multiple-family residential, and senior housing developments dispersed among single-family neighborhoods. Staff anticipates the corridor will continue to be dominated by a variety retail service uses providing commercial goods and services to the surrounding neighborhoods. This stretch of N. McLean Boulevard corridor is also well positioned to include new,multiple-family residential developments. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petitions 43-22 and 49-22 on December 5, 2022. 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 5, 2022. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined within § 19.60.040, standards for map amendments outlined within § 19.55.030, and standards for conditional uses outlined within § 19.65.030: STANDARDS FOR MAP AMENDMENTS AND PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The proposed VFW facility would occupy an existing 2,450-square foot vacant commercial space within the existing multiple-tenant shopping center. The applicant is not proposing to make any exterior changes to the building or the site. The property is fully developed. No existing site features including topography,watercourses,vegetation, and property improvements exist that would have a negative impact on the proposed use. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. -7- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities.The property and the subject commercial space are currently served by municipal water,sanitary sewer,and storm water systems.The applicant is not proposing any changes to the existing sewer and water utilities or to the stormwater control facilities. The existing sewer, water, and stormwater facilities can adequately service the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The shopping center was originally developed in the late 1950s with direct access to four adjacent roadways: N. McLean Boulevard on the west,Wing Street on the north, Weston Avenue on the east, and Eagle Drive on the south. With multiple access driveways and a signalized intersection at N. McLean Boulevard and Wing Street, the property maintains a safe and efficient on-site and off-site vehicular circulation.The proposed VFW is located within the northern shopping center building and will benefit from having a direct access to N. McLean Boulevard and the adjacent parking lot. The proposed VFW membership organization is required to provide one parking space per 4 seats,plus one parking space per employee. With 83 seats total and 3 employees during the busiest time,the facility is required to have 24 parking spaces.With the proposed VFW facility and the existing mix of tenants, the shopping center is required to have a total of 334 parking spaces. With 319 parking spaces on site, the shopping center does not meet the parking requirement. Approximately 13,578 square feet of the shopping center floor area is currently vacant. -8 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 VFW is requesting approval of a departure from the parking requirement to allow the establishment of the proposed use without the need to provide additional parking.With the property being fully developed, there is no room to construct or stripe additional parking spaces on site. The applicant has demonstrated that the current parking demand is far below the regulatory parking requirement. While 310 parking spaces are required per the zoning ordinance for the existing mix of tenants, actual parking demand is far below that. The peak parking demand occurs on Saturday midday when 102 off 319 parking spaces (32 percent) are occupied. As such, at least 217 parking spaces are available for VFW and future tenants in the remaining 11,078 square feet of vacant space. If the remaining vacant space is occupied by general retail or office uses, 44 parking space would be required per the zoning ordinance in addition to the 24 parking spaces required for VFW (68 total). With at least 217 parking spaces available during the peak time, the shopping center has adequate parking capacity to meet the needs of the proposed VFW Post and other future business in the shopping center. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed to the city in 1954. Upon annexation, the property was zoned D Commercial. The existing multi-tenant shopping center was constructed in 1959. In 1962,the property was rezoned to B 1 Retail Business District, and in 1992 it 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. In 2010,the property was rezoned to PAB Planned Area Business District to accommodate the construction of the Walgreens building on the north side of the property along Wing Street. In 2013, the PAB District was amended by Ordinance No. G2-13 to allow for the construction of Safelite AutoGlass motor vehicle repair shop. In 2021, the City amended the PAB District by Ordinance No. G64-21 to grant a parking departure allowing any permitted use to establish within the shopping center without the need to provide additional parking. Over the years,the City approved several conditional uses in the shopping center. In 1997, the City approved the establishment of a day care center at 1341 Wing Street by Ordinance No. G35-97,which was at the north end of the shopping center prior to the construction of -9- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 the Walgreens store. In 2013,the City approved the expansion of Wing Park Liquors store at 571 N. McLean Boulevard by Ordinance No. G21-13. In 2017, the City approved the establishment of a physical fitness facility (a martial arts school) at 1341 B Manor Court by Ordinance No. G32-17. And in 2021, the City approved the establishment of another physical fitness facility,The Work Out Zone,this time at 575 N. McLean Boulevard. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. The shopping center is zoned PAB Planned Area Business District established by Ordinance No. G19-10 in 2010, which approved the construction of the Walgreens store. The properties to the west along. N. McLean Boulevard are all zoned AB Area Business District and are improved with one or two story commercial and/or office buildings. The property to the north across Wing Street is zoned CF Community Facility District and is improved with Illinois Park School, an elementary school. The properties to the east across Weston Avenue are zoned RC 1 Residence Conservation District and are improved with single-family homes.The two properties located to the south across Eagle Drive are zoned CF Community Facility District and are improved with Calvary Lutheran Church and accessory parking lot. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings.The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The area around the intersection of N. McLean Boulevard and Wing Street has been zoned for a business district since its annexation in the 1950s. Over the years, properties along N. McLean Boulevard near Wing Street have developed with neighborhood retail and service uses providing goods and services to the surrounding neighborhoods. Despite the large volume of traffic, N. McLean Boulevard corridor south of the subject property maintains an intimate feel because several, two- and three-story office buildings were constructed close to the street with parking in the side and rear yards. The corridor has developed with a variety of uses, including offices, multiple-family residential, and senior housing developments dispersed among single-family neighborhoods. Staff anticipates the corridor will continue to be dominated by a variety retail service uses providing commercial goods and services to the surrounding neighborhoods. This stretch of N. McLean Boulevard corridor is also well positioned to include new,multiple-family residential developments. G. Planned Development District Standard: The suitability of the subject property for the - 10- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The subject property is suitable for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The property was zoned PAB Planned Area Business District by Ordinance No.G19-10,which enabled the construction of the existing Walgreens store. The purpose of the PAB Planned Area Business District established by Ordinance No. G19-10 is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments,of the Elgin Municipal Code, 1976 as amended.The applicant is not proposing any exterior changes to the existing building or the site. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals,objectives,and policies of the Official Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. Located along the City's heavily traveled corridors and intersections,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. ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS 1. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development as a conditional use. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. - 11 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses,wetlands,and vegetation.There are no significant natural features,including topography, watercourses, wetlands, and vegetation located on the property. The property is fully improved with a multiple-tenant shopping center and accessory parking lots.There are no existing watercourses or property improvements that would have a negative impact on the proposed use on the property. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The applicant is proposing to establish a membership organization with a commercial event space, an eating place, and a drinking place within the vacant tenant space at 581 N.McLean Boulevard.The hours of operation would be 1 pm— 1 am Monday through Thursday, 11 am—2 am Friday and Saturday, and 11 am - 1 am on Sunday. The liquor license would regulate the hours of alcohol sales and service.The proposed hours of operation are similar to those of other existing businesses. The proposed use would not have any negative effect on the other businesses within the shopping center or the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departure from the requirements of the PAB Planned Area Business District Ordinance No. G19-10, as amended by Ordinances No. G2-13 and G64- 21, and the zoning ordinance: 1. Section 19.45.070, "Table of Required Parking". With the existing mix of uses and the proposed VFW facility, the shopping center is required to have 334 parking spaces. The applicant is proposing to maintain the existing 319 parking spaces on site. Staff finds the proposed departure is appropriate and necessary to continue filling up the shopping center. With the property being fully developed, there is no room to construct additional parking spaces on site.The applicant has demonstrated that the current parking demand is far below the regulatory parking requirement. While 310 parking spaces are required per the zoning ordinance for the - 12 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 existing mix of tenants, the actual parking demand is far below that. The peak parking demand occurs on Saturday midday when 102 off 319 parking spaces(32 percent)are occupied. As such, at least 217 parking spaces are available for VFW and future tenants in the remaining 11,078 square feet of vacant space. If the remaining vacant space is occupied by general retail or office uses, 44 parking space would be required per the zoning ordinance in addition to the 24 parking spaces required for VFW(68 total).As such,the shopping center has adequate parking capacity to meet the needs of the proposed VFW Post and other future business in the shopping center. And while some uses, such as sit-down restaurants or carry-out restaurants have a bigger parking requirement than general retail and office uses, with different hours of operations and the anticipated quick turnover of parking spaces for quick-serve,fast-food,and fast-casual restaurants, the shopping center can meet the parking demand of any businesses that move in. 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 VFW facility would occupy an existing 2,450-square foot commercial space within the existing multiple-tenant shopping center. The applicant is not proposing to make any exterior changes to the building or the site. The property is fully developed.No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed 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 and the subject commercial space are currently served by municipal water, sanitary sewer,and storm water systems.The applicant is not proposing any changes to the existing sewer and water utilities or to the stormwater control facilities.The existing sewer, water, and stormwater facilities can adequately service 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. - 13 - Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 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 shopping center was originally developed in the late 1950s with direct access to four adjacent roadways: N. McLean Boulevard on the west, Wing Street on the north, Weston Avenue on the east, and Eagle Drive on the south. With multiple access driveways and a signalized intersection at N.McLean Boulevard and Wing Street,the property maintains a safe and efficient on-site and off-site vehicular circulation. The proposed VFW is located within the northern shopping center building and will benefit from having a direct access to N. McLean Boulevard and the adjacent parking lot. The proposed VFW membership organization is required to provide one parking space per 4 seats,plus one parking space per employee. With 83 seats total and 3 employees during the busiest time,the facility is required to have 24 parking spaces.With the proposed VFW facility and the existing mix of tenants, the shopping center is required to have a total of 334 parking spaces. With 319 parking spaces on site, the shopping center does not meet the parking requirement. Approximately 13,578 square feet of the shopping center floor area is currently vacant. VFW is requesting approval of a departure from the parking requirement to allow the establishment of the proposed use without the need to provide additional parking.With the property being fully developed, there is no room to construct or stripe additional parking spaces on site. The applicant has demonstrated that the current parking demand is far below the regulatory parking requirement. While 310 parking spaces are required per the zoning ordinance for the existing mix of tenants, actual parking demand is far below that. The peak parking demand occurs on Saturday midday when 102 off 319 parking spaces (32 percent) are occupied. As such, at least 217 parking spaces are available for VFW and future tenants in the remaining 11,078 square feet of vacant space. If the remaining vacant space is occupied by general retail or office uses, 44 parking space would be required per the zoning ordinance in addition to the 24 parking spaces required for VFW (68 total). With at least 217 parking spaces available during the peak time, the shopping center has adequate parking capacity to meet the needs of the proposed VFW Post and other future business in the shopping center. 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 of the proposed VFW facility will be conducted on the interior.The applicant is proposing substantial renovation to the interior of the space, - 14- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5, 2022 but no exterior changes are proposed to the building or the site. The long floor plan of the tenant space can easily accommodate a commercial kitchen with restaurant and bar seating in the front of the space, and a meeting room in the rear of the tenant space. The liquor license would regulate the hours of operation for alcohol sales. 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 Petitions 43-22 and 49-22, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by,Watch City VFW Post 1307, as applicant, and Elgin Improvement LLC, as property owner, received September 9,2021, and supporting documents including: a. Undated letter from Shawn Ayers, Commander, Veterans of Foreign Wars Watch City Post 1307, received November 2,2022; b. ALTA/NSPS Land Title Survey Wing Park Shopping Center, prepared by Sarko Engineering Inc.,dated last revised November 22, 2017; and c. Architectural plan set for VFW Post 1307 Interior Buildout, prepared by Aiello Architecture Design, dated July 21, 2022, 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. Notwithstanding the Section 2. H. 1. above, a departure is hereby granted to allow the establishment of a membership organization with a commercial event space, an eating place, and a drinking place at 581 North McLean Boulevard on the Subject Property - 15 - Recommendation&Findings of Fact Petition 43-22 and 49-22 December 5, 2022 without the requirement to provide additional parking spaces,provided a minimum of 319 parking spaces are located on the Subject Property. 3. 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 Classes, including but not limited to Zumba; m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: n. Exhibitions, including but not limited to Art Shows; o. Expositions; p. Fairs and/or Festivals; q. Fundraisers; r. Funeral Services; s. Galas; t. Gallery Displays, including but not limited to works of art, either temporary or permanent; u. Holiday Parties; v. 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; w. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; x. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; y. Networking Events; z. Plenary or General Sessions; aa. Political Events; bb. Press Conferences; cc. Product Launch Events; dd. Receptions; - 16- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 ee. Retreats and Team Buildings Events; ff Sip and Paint Nights; gg. Social Events; hh. Symposiums; ii. Themed Events; jj. Vendor Fairs(Small Local Vendors); kk. Wedding Ceremonies&Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and 11. Other like assemblies of people. 4. 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. 5. 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. 6. 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. 7. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. 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 four (4) yes, zero (0) no, and zero(0)abstentions. Three members were absent. Respectfully Submitted, - 17- Recommendation & Findings of Fact Petition 43-22 and 49-22 December 5,2022 s/Jav Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 18 - -... , . ` ! ,, .. t.„,,,„.", .>-''Hfilly;- III I ., • qy .f. .L, ri, _ ..„.. ,4.: _ . . , :, . .. . 'Effj 4 ,'' f f ... ,ags. -Vi ' ' . illift Harlan Ave ; . Q ` M it — II w G) Subject Property t�' '.J� :�, ply , t 1i . i . Petition 43-22 & 49-22 't G a ��n ` r h Mill t....... . r r. Kaskaskia Av w" . : a. _ : , ,• / 1 : • NM J ' s r .I. iii Fr 111111 f ' a rit: t Illinois P,kwy - f t 0 ,m11,4011.. , . / ir a _ . r-L . ., ..",, ., . II III . irr y t. .- ,,.. Ea le Dr � 1 • , Eagle Rd , rill g 70.416,10 :. 1 � 11.1111PJ ' ,:. ...a Ill , ri . _ .. . Ink ir ,vioniiiik,, ill - 41 frr le e- ,. , ,,, I!<t i àaal Itt —frtI tr, • 11111E I 111Viiiirrillitik [dill ril s_f •.4 red 1 (% r A - Ai* Lr-i X Nit Mini I ..., rit• I— r ok c e Demmond St , g , —JY. )1 i 4 i1 EXHIBIT Aerial/Location Map AN K'+E S 0 Map prepared by City of Elgin 0 so too 200 300 aoFeet Department of Community Development CyAreS�4`P PMFR ����� r 4 1 ''e ` `` PRC 0 F C� Srk /////� J c� III PCF `,.,..._____41 : , c w _ir. F______H I Subject Propert c..) y alit"e ���� i J p Y h = I Petition 43-22&49-22 • . r. WENN I I 1 111111111 ��iKaskaskia Ave __ . 11111111 41bh 11111111 AB 1 mil ,,,,. ill, PAB -� Legend _■ ■- RC1 Residence Conservation 1 ' . RC2 Residence Conservation 2 -. _eu y ■_ ■ Q RC3 Residence Conservation 3 ' C ¢ ■ i I PRC Planned Residence Conservation o �� o m Q SFR1 Single Family Residence 1lir . . co . El ■ O PSFR1 Planned Single Family Residence 1ill Va. ■ OSFR2 Single Family Residence 2 "_ we PSFR2 Planned Single Family Residence 2 ■_ ■ O TRF Two Familye a =. .=, ■ Q MPTRF Planned Two Familyei Residences I QMFR Multiple Family Residence ■ . Q PMFR Planned Multiple Family Residence . RB Residence Business QPRB Planned Residential Business _. - ONB Neighborhood Business _. -- O PNB Planned Neighborhood Business - EE . -AB Area Business -PAB Planned Area Business /� . MI-CC1 Center City 1 RB ([7 RC2 -CC2 Center City 2 `7LS . II 11111 PCC Planned Center City m ' -ORI Office Research Industrial ••Q • =PORI Planned Office Research Industrial G .- GI General Industrial 12 --PGI Planned General Industrial _ ..Q ClCI Commercial Industrial ..MI CF Community Facility .. -PCF Planned Community Facility . Km .. —� — 1 ...._ ...._ __. ., EXHIBIT B Zoning Map " W -41.- E S Map prepared by City of Elgin 0 75 150 300 450 600 Feet Department of Community Development Subject Property 581 N. McLean Blvd. Petition 43-22&49-22 Kaskaskia Ave m a) J V a) O H Illinois Pkwy I 0610451019 3 Amor Eagle Rd Eagle Dr EXHBIIT C Parcel Map N City of Elgin 0 20 40 80 120 160 Department of Community Development Feet EXHIBIT D SITE LOCATION 581 N. McLean Boulevard Petition 43-22 and 49-22 i _. . 61.13: 1 firri7-17— 4 far ' , it . , lot ---i . 4 -4.4741911 . i -: '---4 ',_. 1,177,,e1 . F -.-Th ..i vi .‘ . .1 , de ii . 1 {� _ �� � oP i, � �/ k. t • '' .. ' /Ay ma ii..#iii _I.:,, , ,r -,';!... •'9,44, , , .4 ..,....._.... 1 !Ii' ff it , .•.. I ,t R al. 411� t wi Wing Park j , ! s, . • Sho in : Center - . . , 111 . if -- z �f7,,, r , I I r ,.. . ..., ,. „,,,A1 , '. k ,L A l • rIT ... -- Subject tena nt i _ _ 1• ' 'f '`' : ; ' _ ` space iiii-:, r: .,, 1 ;k1 w1(y_-___ _.. 1 p vr, ,_,.. 4,, , p,, i- . e . 11 0:: 4 i 4 - - ) r. , -e 1 I r, I I ' ).'_ IF , - -. . - ..' _ r 1- s -, 1 - -j .1 . I- T : ir jil -4e- : ' m . :. a': . • tri 1 44 , I r . , 1 J Site area map with zoning overlay EXHIBIT D SITE LOCATION 581 N. McLean Boulevard Petition 43-22 and 49-22 �, y 1 Ali r u I.J 1: 411,211 • il I;, 1640111111"- . 1 Kaska is enue , 1 AI a. 4 'o _a a 1 .haw.` • '4 • ill' 1 de. N 1 r 1 t Rr m 7 .. - o•ti ' V 1 , -., 4 A. i .- `:Manor Court } �� i n ...".♦ 0 1 t GIli I s ilt r I 1 1. .0,4 .$ I "I . . ....0.. , , , p li ,.... • •lk 4, • . ir,:,,,s, ,,, , A I' t Eagle Ruad _ •iir . _ •: + i It •, r. , , , a to L Bird's eye view looking north .I !. ti"M" s� i~e r + moor , '� ilt.e-tl1=T t IL 11414 4 4o.tigh.,444449,44Z,ilatirlir ..so *. //lit 'IliatipiAlitaii t 'NOPIN - —yr ip-, .44tdr- 04iii-iijelkt- • , ", 4 • -7 . 1 •# %di Nort WI'ston Avenue IF a �o,' • Ira ,; J i . f ; ... si:. . - . it,.. ., , ,.... •FP 4 ~ E t g it 1Itt` �' • ' �r �C i f Cry �4 Ir i�� ir. laged i —No rth s Lean Boulevard r r Location of proposed ' ` 4 :- Bird's Al eye view looking east EXHIBIT D SITE LOCATION 581 N. McLean Boulevard Petition 43-22 and 49-22 'MN View-Sp 2018 Ili f _ . • ---.111116.2., A litit. ilikart., _ Aiti. _Aiming DOLLAR GENERAL „mammies malt` -- . . INIr.... -3-', Ii .1j immeuppownwill Wing Park Shopping Center multiple-tenant building Proposed Iocatic i VFW Post 1 307 w 1L` -"L t w 4 , Ir li 7 - _ t 2. ,, -- op, ; 1 __ 104 ______ 6 ---- -- ''''--- . — -34---- ........_ ........ . �■iti"'amii. The location of the proposed VFW facility EXHIBIT D SITE LOCATION 581 N. McLean Boulevard Petition 43-22 and 49-22 • � � . ,.541.,,,,,,,,,11 ',--tiam., _,_ J 1 • .f . Walgreens building — west elevation S.f - ' i 11 )_. - ` - fir..- =. _- s -.,. ........ ••Mom► _ E _ "�_ w.�"""r"V ...-.. f \ ` South elevation of the southern multiple-tenant building within Wing Park Shopping Center EXHIBIT D SITE LOCATION 581 N. McLean Boulevard Petition 43-22 and 49-22 • r• • ._t :.. ;.E 1341 Manor Ct building, part of Wing Park Shopping Center F F1 O e e 551 N. McLean Blvd building, part of Wing Park Shopping Center