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Home My WebLink AboutG54-21 Ordinance No. G54-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR MISCELLANEOUS PERSONAL SERVICES, NOT ELSEWHERE CLASSIFIED,AND AN AMUSEMENT AND RECREATION SERVICE, NOT ELSEWHERE CLASSIFIED IN THE CC1 CENTER CITY DISTRICT (164 Division Street, Suite 402) WHEREAS, written application has been made requesting conditional use approval to establish miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and an amusement and recreation service, not elsewhere classified, more specifically a fortune teller at 164 Division Street, Suite 402; and WHEREAS, the zoning lot with the building containing the premises at 164 Division Street, Suite 402, is legally described herein(the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District, and p Y miscellaneous personal services,not elsewhere classified,more specifically a massage parlor, and an amusement and recreation service, not elsewhere classified, more specifically a fortune teller are listed as a conditional use within the CC1 Center City District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 13, 2021, 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 CC1 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 September 13,2021,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 miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and an amusement and recreation service, not elsewhere classified,more specifically a fortune teller is hereby granted for the property commonly known as 164 Division Street, Suite 402, which is part of the property commonly identified by Kane County Property Index Number 06-14-279-010, and legally described as follows: The East 61 Feet of Lot 3 in Block 2 in S. Newton Dexter's Addition to Elgin, Kane County, Illinois. (commonly known as 164 Division 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 Zaida Velgara, as applicant, and Vijulima LLC Division Street Series, as property owner, received July 29, 2021 and supporting documents including: a. Undated letter from Zaida Velgara, dated received July 30, 2021; b. Plat of Survey,prepared by Gerald Sopha, dated November 30, 2004; c. Undated 4th floor plan, dated received July 30, 2021, with such further revisions as required by the Community Development Director; and d. Undated Suite 402 layout plan, dated received July 31, 2021, 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. CZZ-70'10 David J. Kapt•ss•, or 2 Presented: October 27, 2021 Passed: October 27, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 27, 2021 Published: October 28, 2021 Attest: Kimberly Dewis, Cit lerk 3 EXHIBIT A September 13, 2021 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning and Zoning Commission regarding Petition 29-21, an application by Zaida Velgara, as applicant, and Vijulima LLC Division Street Series, as property owner, requesting a conditional use for miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and amusement and recreation service, not elsewhere classified, more specifically a fortune teller, to establish a healing center at the property commonly referred to as 164 Division Street, Suite 402. The property is located in downtown Elgin and is zoned CC 1 Center City District. GENERAL INFORMATION Petition Number: 29-21 Property Location: 164 Division Street, Suite 402 Requested Action: Conditional use Current Zoning: CC1 Center City District Proposed Zoning: No change. CC 1 Center City District Existing Use: Vacant commercial tenant space Proposed Use: Miscellaneous personal services,not elsewhere classified, more specifically a massage parlor, and amusement and recreation service,not elsewhere classified,more specifically a fortune teller Applicant: Zaida Velgara Owner Vijulima LLC Division Street Series Staff Coordinator: Damir Latinovic, AICP, Senior Planner Recommendation & Findings of Fact Petition 29-21 September 13,2021 Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. _ Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Zaida Velgara, as applicant, and Vijulima LLC Division Street Series, as property owner, are requesting a conditional use for miscellaneous personal services, not elsewhere classified, more specifically a massage parlor, and amusement and recreation service, not elsewhere classified, more specifically a fortune teller, to establish a healing center at the property commonly referred to as 164 Division Street, Suite 402. The 8,474-square foot property is improved with an 8-story office building known as the Professional Building. The 8-story office building, which covers the entire property, was completed in 1928 in the Gothic Revival style and is designated as a local historic landmark. The building is adjacent to a city-owned alley in the rear, however, there is no vehicle access to the property. The main lobby for pedestrian access is located on Division Street. All surrounding properties are also zoned CC1 Center City District. The property adjacent to the west is improved with Center City Place, a 4-story multiple-family building for seniors. The property adjacent to the east is improved with a two-story parking garage owned by St. John's Lutheran Church. To property to the south, across Division Street, is improved with a 3-story multi-tenant building home to R. R. Donnelly offices, and Highland Loft event space, among others. And the property adjacent to the north is improved with a parking lot owned by the City. -2 - Recommendation & Findings of Fact Petition 29-21 September 13, 2021 The applicant, Zaida Velgara, is proposing to establish a healing center at 164 Division Street, Suite 402. Becoming I Am, as the center would be called, would offer metaphysical forms of healing modalities to aid in the balancing of the energy centers of the human body. The services offered include Reiki Angelic Healing (a form of massage therapy), past life regression hypnotherapy and tarot card reading. o ��f G�.f 4�be \,.yjO 1-1,,,,,,..; tg, ibb W 9TV S I t w't•► fl01`!T Ate$ Lb 55P T I I a 'i' 9 9IxbE II b ITx6 Z + r E04 _- 9b, L 1 • �Iy, 4. +W 4d5 a bf • v9� Oi ' w I :+o� 11bs561-OZZ RIol +s MS s 2 L X9►T 9i 696,E LOT 6xT[ ,wu: CB �.__ r.. 56�ZSI £6x,Q.SLP--TJ6! ■ilbs ws +xc Tf? £6Z 906 ��b 806 606 OTe, y0e6ET nm A�EB ZOZ EEI TTb ZTt fai b5-STX6[EZ ETx66,++ra+,, Z-EIx£ST SLC6xET +:coat: ` AtKSE65 * - r • — i ' 6 Linn TZ Figure 1:Building's 4th Floor Plan(left),and the layout for Suite 402 for Becoming I Am healing center(right) Per the applicant's statement of purpose, Reiki Angelic Healing is a relaxation and energy balancing therapy in which human body energy is adjusted via touch, sound, and smell. The procedure is done one-on-one where the practitioner is walking around the client placing healing hands,balancing stones and striking tuning forks to align the body. The applicant states past life hypnotherapy is also a one-on-one process, where the client is laying down and put in a hypnotic state. The process allows the client to learn about its own previous lives to acquire additional information to activate the healing centers in the body. The session is recorded and provided to the client. The 824-square foot Suite 402 is currently vacant but consists of three rooms. One room would be set up as a waiting room, one room for Reiki Angelic Healing and past life regression hypnotherapy, and the last room for tarot card reading. Services would be offered by appointment only Monday through Saturday from 9:00 a.m. to 6:00 p.m. The applicant is not proposing any changes to the interior or the exterior of the building. The applicant would be the only employee. Most other tenants in the building are office-type uses, which are open only during the week and generally close at 5 pm. The main building entrance doors are locked after 5 pm. Any visitors and clients would need to be buzzed-in via the secure intercom system.A common bathroom is located on each floor. All uses in the CC 1 district are not required to provide any parking spaces. As such, there is no regulatory parking requirement for the proposed healing center. The employees and clients will - 3 - Recommendation & Findings of Fact Petition 29-21 September 13, 2021 have access to all downtown city-owned parking facilities, including the surface parking lot at the northwest corner of Douglas and Highland Avenues, one block to the west, where 179 parking spaces are open for general public parking. On this block of Division Street on-street parking is available on the north side of the street with a 2-hr parking restriction from 8:00 a.m. to 5:00 p.m. Monday-Friday. Both miscellaneous personal services,not elsewhere classified,more specifically a massage parlor, and amusement and recreation service,not elsewhere classified,more specifically a fortune teller, are classified as a conditional use in the CC1 Center City District and require the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The property was zoned E Commercial District by the first zoning ordinance in 1927. In 1962, the property was rezoned to B3 Service Business District. In 1992, the property was rezoned to CC1 Center City District as part of the comprehensive amendment to the zoning ordinance. The existing 8-story office building, known as the Professional Building, was completed in 1928 in the Gothic Revival style. The building was erected by and for the business and professional men. Today, the building is designated as a local historic landmark and offers various sizes of office space for lease. The former Union League Club on the 8th floor is today home to the theatrical events of the Elgin Art Showcase, a versatile 100-seat performance and visual art space. B. Surrounding Land Use and Zoning. All surrounding properties are also zoned CC1 Center City District. The property adjacent to the west is improved with Center City Place, a 4-story multiple-family building for seniors.The property adjacent to the east is improved with a two-story parking garage owned by St. John's Lutheran Church. To property to the south, across Division Street, is improved with a 3-story multi-tenant building home to R. R. Donnelly offices, and Highland Loft event space, among others. And the property adjacent to the north is improved with a parking lot owned by the City. C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown contains mixed-use structures featuring retail, restaurant, service uses, office and residential uses. Mixed-use structures contribute to an active street life and help foster a unique sense of place within Elgin. A variety of uses should be encouraged throughout the Downtown and should be located at or near the sidewalk with parking in the rear. 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 center city, as focused on a distinctive subarea of the city with a common urban fabric. The CC1 zoning district -4 - Recommendation & Findings of Fact Petition 29-21 September 13,2021 provides for a concentration of fmance, 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 façade renovations, including the Tower Building at 100 E. Chicago Street, 19-21 N. Grove 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 29-21 on September 13,2021. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings & Recommendation to the Planning& Zoning Commission dated September 13,2021. 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 use will occupy an existing 824-square foot office space within the existing 8-story multi-tenant office building which covers the entire lot. The applicant is not proposing to make any interior or exterior changes to 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. - 5 - Recommendation & Findings of Fact Petition 29-21 September 13,2021 B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property is served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The proposed healing center would be located on the 4th floor of an existing building in downtown Elgin.The building covers the entire property with no vehicular access to the site. Pedestrian access and main lobby of the building is located off of Division Street. Downtown Elgin functions with safe and efficient vehicular circulation. The proposed use will not have any negative effect on the existing traffic configuration in the downtown area. All uses in the CC1 district are not required to provide any parking spaces. As such,there is no regulatory parking requirement for the proposed healing center. The employee and clients will have access to all downtown city-owned parking facilities,including the surface parking lot at the northwest corner of Douglas and Highland Avenues, one block to the west, where 179 parking spaces are open for general public parking. On this block of Division Street on-street parking is available on the north side of the street with a 2-hr parking restriction from 8:00 a.m. to 5:00 p.m. Monday-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. 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 proposed services to be provided will be conducted on the interior. The hours of operation are similar to those of other office uses in the building. The proposed use would be open by appointment only Monday to Saturday from 9:00 a.m. to 6:00 p.m. The applicant would be the only employee providing the proposed services one at the time. -6- Recommendation & Findings of Fact Petition 29-21 September 13, 2021 The applicant is not proposing to make any exterior changes to the building. 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. The proposed use is an efficient contemporary use of a designated landmark while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. The proposed use is located on the 4th floor of the Professional Building, a City-designated historic landmark. The building is home to various types of office uses similar to the proposed healing center. The applicant is not proposing any interior or exterior changes to the building or the subject office suite 402,other than bringing in use-specific furniture. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 29-21, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Zaida Velgara, as applicant, and Vijulima LLC Division Street Series, as property owner, received July 29, 2021 and supporting documents including: a. Undated letter from Zaida Velgara, dated received July 30, 2021; b. Plat of Survey,prepared by Gerald Sopha, dated November 30, 2004; c. Undated 4th floor plan, dated received July 30, 2021, with such further revisions as required by the Community Development Director; and d. Undated Suite 402 layout plan, dated received July 31, 2021, 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 29-21 September 13, 2021 The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined above, was six (6) yes, zero (0) no, zero (0) abstentions. 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 - 8 - cA .rye:::#71:;1:::‘ I I Symphony Way m ., . ., alai r r ! .:.: i r .t r fi i Fin ' ...• '.It_ 7 = Subject Property 6 ' ems_ _ Petition 29-21 ,yq \ \ . -'r ■I _ _ Dexter Ct Dexter Ave • ,.. , OP 1 \ . In. towns III — i I . "i a . F. r lip 1 u. 7 3 e :11 : i ; ; •- r �`� ' a at - 1.••••-it• - WOW —gill Division St _. I t , 1 cal �('1, r•.- - e { . I',,, 4. 1. TN and Ave A � � . -- ... .. . • - '1 u' I , .',_110.1 1 ir . • • i 01, Hight ...,,,,, .. � � . A:4' 71 ' . .."' .� - , _ ,., l0 41'. JIIr i ......_]11.11 '-': ';‘ -it ,..irr i . 1 [*-1 .., - i .. f..... ' 1 o _ \ I Chicago St .. -• I. ter- co :� k kI �i1 : Q \ a !.�' :.fit - - .t, 1,^ r' J p. EXHIBIT A N Aerial/Location a Map Map W+E 0 Map prepared by City of Elgin a ss 70 140 210 26Feet Department of Community Development c Sti • Subject Property Petition 29-21 Z Mg • Dexter Ct Dexter St m ( CA RI 0 Q — . Legend .. ... O RCt Residence Conservation 1 Division St16114'' . ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 • OPRC Planned Residence Conservation O SFR1 Single Family Residence 1 - O PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 Q PSFR2 Planned Single Family Residence 2 -- OTRF Two Family Residence • Q PTRF Planned Two Family Residence and Ave Q MFR Multiple Family Residence . - , _ _ isjj Q PMFR Planned Multiple Family Residence -` --. 1 I.O RB Residence Business l 111111111 OPRB Planned Residential Business • -- . -- ------- _ ' ` "' ' O NB Neighborhood Business _____________________Q PNB Planned Neighborhood Business ®AB Area Business N lillPAB Planned Area Business tam NI CC1 Center City 1 A'� -CC2 Center City 2 -PCC Planned Center City ®ORI Office Research Industrial DPORI Planned Office Research Industrial • EN GI General Industrial ®PGI Planned General Industrial ®CI Commercial Industrial E.Chicago St • CF Community Facility Ea PCF Planned Community Facility I [ GIS.DBO.FoxRiver EXHIBITB Zoning Map V, _411,0 E s Map prepared by City of Elgin 0 30 60 120 180 240 Department of Community Development Feet Dexter St a, Subject Property a 164 Division St Unit 402 Q. Petition 29-21 Z Q co 0 co Division St EXHIBIT C Parcel Ma N p City of Elgin 0 12 5 25 50 75 100 Department of Community Development Feet EXHIBIT D SITE LOCATION 164 Division Street, Suite 402 Petition 29-21 Dexter court ‘ Wit r , ° _ i 7. 1„. . ' c NM ` , _ aYti .., \ ..... r.• `' A as a 1Y ? l_r. 1 I I i ; • •enk,,,. IrT Irt •'' �� ..t 1. O •_ - : ' _ ��'M Yea �; a_ °I L •• �_ — r� 'ra5$v-1=C III p 1 1n n a . '�I '. ntl w1 a iY� a � . mrlta ' St d I..4 dad d a 7 I r _... •-' i'. t . 1 �� a J a k � i a�a i i n :1 r i '• f LL .R ..t t .4.+'-':,--4.: or _ Anea n II II :a q u•a zI .. . . ...,, . • .. IL- ` ..a. an0 III n ■® .a em■ _ — -—la _.'_1_5 j. }-i-11 Pl... , n+wa!Iu'"m'i/ Bird's eye view looking north w i. .' ti,. -. 1I ' 1 Q '' ' 6 iliVii -. _.. a 1 Div' 1777 � +i ._ 1y� _. _ - - jr , if ILA4 r! ;-; 6 by O - w7 Dexter t • _ _.•• heft • . — l VA y • ` ,, �� Court .. � ( � t , (. - - ter Court Bird's eye view looking south EXHIBIT D SITE LOCATION 164 Division Street, Suite 402 Petition 29-21 I i . _ o--A Sub'ect Propel 6Ili - • r - 114...p. . .. -iA . . .. :: i • ..: : i : ; , _ , L -1 — i , l• :: : :: ': ;I :, ' = --Ve•—• .•, _ , - ; - ! : ; i t -- .'.. • V • IP link... -s4;tiy - I , .. ....... ...- .1.. • . 4 "f:Ji,` ! ..'' - ,• ... ,,. Site area map with zoning overlay -., .7 "0 ,, /0' Of \.' ,, N \ tj'i f! /o z '1 oil 14, IN, I .L • , ' / " •' , lb..„ •• ' '' '.., .„ 1•* 011 IN k -. . 1 ,' ,.'• !H. '07 !' - tt* ! % .•'I' )4 •' • •t.1 i !1.i. - /A. . • .‘ .. •-, 4 j •• !.' .. , If .. 0,. ' ' ! . I A. . 1..1-1 11 0.... of r ; .. ,,,...• -.2. —,: . ' . :::1.il Fa . • - ..• • ... ,,, co!! POil -7' 1 ....— INEr It -' T,-i-1- . ..;:,.-‘,.'... - - - - — , . "•41.I....i ..,-;:iiii I, . LI lar :. ............. ,..—.....:1"C:1 I:I k i" .' ," s,,,,, Z.:. '• .". - 1ii.t.1 mai 1,,, ..."'IIIIIIIIIIIIIii. I I ATi.‘• I I ' - The Professional Building EXHIBIT D SITE LOCATION 164 Division Street, Suite 402 Petition 29-21 4 tf M l L ' . 4t �, 4, ', - 161 T . y I ;aw..f I i ,, . �' - -- r c t' c yL c F �* i, .. �. ` I �_ '.,r `.tom _ ! ',. , '. it- ,� �— o f,`- i V•1 �L41;-' I +ry , ., 1 , — 4 i -Google Front entrance to the Professional Building a _ mil • �.,v, -0 ' y i - The subject property as seen from Dexter Ave