HomeMy WebLinkAboutG55-22 Ordinance No. G55-22
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS
FACILITY IN THE CC CENTER CITY DISTRICT
(30 DuPage Court, Unit 100)
WHEREAS, written application has been made requesting conditional use approval to
establish a physical fitness facility at 30 DuPage Court,Unit 100; and
WHEREAS,the zoning lot with the building containing the premises at 30 DuPage Court,
Unit 100 is legally described herein(the"Subject Property"); and
WHEREAS, the Subject Property is located within the CC1 Center City District, and a
physical fitness facility is listed as a conditional use within the CC Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on August 1, 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 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 August 1, 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 a conditional use to establish a physical fitness facility is hereby
granted for the property commonly known as 30 DuPage Court, Unit 100, which is part of the
property commonly identified by Kane County Property Index Number 06-14-434-016, and
legally described as follows:
LOT 8 IN BLOCK 15 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE
OF RIVER, IN THE CITY OF ELGIN, KANE COUNTY
(commonly known as 30 DuPage Court)
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 Erick Arevalo,
as applicant, and Legend Partners LLC, as property owner received June 14, 2022, and
supporting documents including:
a. Conditional Use Statement of Purpose and Conformance, prepared by Erick
Arevalo, dated June 21, 2021;
b. Boundary and Topographic Survey, prepared by WT Group, dated September 19,
2019; and
c. Undated Existing First Floor Plan, Sheet A101, prepared by WT Group, received
July 1, 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. All street graphics must comply with the zoning ordinance requirements. Wall signs
shall not be box signs. Wall signs must be channel letters.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
- G C�
David J. Kaptain, yor
2
Presented: September 14, 2022
Passed: September 14, 2022
Omnibus Vote: Yeas: 9 Nays: 0 �.
Recorded: September 14, 2022 4 SF
Published: September 14, 2022 :a-� rA�
imberly Dewis, C t Clerk
3
EXHIBIT A
August 1,2022
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 27-22, an application by
Erick Arevalo, as applicant, and Legend Partners LLC, as property owner, are requesting a
conditional use to establish a physical fitness facility at the property commonly referred to as 30
DuPage Court.
GENERAL INFORMATION
Petition Number: 27-22
Property Location: 30 DuPaae Court, II Floor(Unit 100)
Requested Action: Conditional Use
Current Zoning: CC 1 Center City District
Proposed Zoning: No change. CC 1 Center City District
Existing Use: Vacant commercial building
Proposed Use: Physical Fitness Facility
Applicant: Erick Arevalo
Owner Legend Partners,LLC
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
Recommendation & Findings of Fact
Petition 27-22
August 1, 2022
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Erick Arevalo, as applicant, and Legend Partners LLC, as property owner, are requesting a
conditional use to establish a physical fitness facility at the property commonly referred to as 30
DuPage Court.
The 8,818-square foot property is located on the north side of DuPage Court in downtown Elgin
between S. Grove Avenue and Spring Street. The property is zoned CC Center City District and
is improved with a four-story office building that occupies the entire property. The existing
building, known as the Healy building, was completed in 1941 in Art Moderne style. The main
pedestrian access to the building is located off of DuPage Court. There is a second exit in rear of
the building to an existing alley. There is no vehicular access and no parking on site. The building
is currently vacant.
All surrounding properties are also zoned CC 1 Center City District. The property to the north
across the private alley is a surface parking lot for Union Bank. The property adjacent to the east
is a five-story office building that was in 2021 approved for adaptive reuse and conversion into 40
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Figure 2.Site area map with zoning overlay
- 2 -
Recommendation & Findings of Fact
Petition 27-22
August 1,2022
residential units with ground floor commercial space. The applicant has submitted a building
permit for that project,which is currently under review. The properties to the south across DuPage
Court are improved with two-story buildings and include Al's Cafd restaurant, an office building
occupied by a law firm,and Dream Hall food hall.The building adjacent to the west is a two-story
multi-tenant office building,which is home to Elgin Area Chamber of Commerce and Downtown
Neighborhood Association offices.
Proposal
The applicant is proposing to establish a pro boxing fitness center within the 8,500-square foot
ground floor of the Healy Building at 30 DuPage Court.The club is currently located in the 2,200-
square foot 21 floor space at 5 S. Spring Street. The applicant is proposing to relocate and expand
the club to expand its membership,offer more space for free weights area,and generally allow for
more workout room in the post-Covid era
Pro Boxing Fitness, as the club is known,provides a variety of fitness services inlcuding Olympc
style boxing kickboxing,Jiu Jitsu,Strength and Conditioning,Personal Training and Self-defence
seminars for adults and children of all fitness levels. In the past, the club has also offered private
classes for community organiztations such as the YWCA. The new location will also offer group
exercise classes with up to 20 participants per class an only one class at any one time.A maximum
of three staff members would be present.
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Men's Women's
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Figure 3. Proposed floor plan
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Recommendation&Findings of Fact
Petition 27-22
August 1,2022
The applicant is not proposing to make any changes to the existing space. The open floor plan is
well suited for a fitness studio. The larger space will afford the applicant to install and offer a
larger weightlifmg area.The applicant would create locker rooms/changing rooms,but no showers
woould be added.The applicant would also install a boxing-style ring near the center of the space
for training,but no competition events would be organized.The hours of operation would be from
9 a.m. to 9 p.m.Monday through Friday and from 8 a.m.to 12 p.m.on Saturday and Sunday. The
facility would not prepare any food or drinks on site.The applicant is planning to have one or more
coolers to offer ready-made packaged drinks for sale.
30 DuPage Court is located in downtown Elgin, zoned CC 1 Center City District. There is no
parking requirement for any uses in the CC 1 District. Ample parking is available in the Spring
Street parking structure one block to the north and downtown area surface parking lots.
The proposed physical fitness facility is listed as a conditional use in the CC 1 Center City District.
Conditional uses require the review and recommendation by the Planning and Zoning Commission
and approval by the City Council.
The Community Development Department offers the following additional information:
A. Property History.The subject property was part of the original town of Elgin subdivision
since the City's incorporation in 1835. The property was zoned E Commercial by the first
zoning ordinance in 1928. In 1962, the property was rezoned to B2 Central Business
District. In 1992, the property was rezoned to CC 1 Center City District as part of the
comprehensive amendment to the zoning ordinance.
The existing 4-story office building on the property was constructed in 1941,and is known
as the Healy building for the local attorney Walter E.Healy,who financed the construction
of the building. The entire 26,136-square foot building, constructed in the Art Moderne
style, is currently vacant.
B. Surrounding Land Use and Zoning. All surrounding properties are also zoned CC 1
Center City District. The property to the north across the private alley is a surface parking
lot for Union Bank. The property adjacent to the east is a five-story office building that
was in 2021 approved for adaptive reuse and conversion into 40 residential units with
ground floor commercial space. The applicant has submitted a building permit for that
project,which is currently under review. The properties to the south across DuPage Court
are improved with two-story buildings and include Al's Cafd restaurant, an office building
occupied by a law firm, and Dream Hall food hall. The building adjacent to the west is a
two-story multi-tenant office building,which is home to Elgin Area Chamber of Commerce
and Downtown Neighborhood Association offices.
C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the
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Recommendation &Findings of Fact
Petition 27-22
August 1,2022
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 CC 1 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
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 fagade
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 and Zoning Commission conducted a public
hearing in consideration of Petition 27-22 on August 1, 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 and Recommendation to the Planning
and Zoning Commission dated August 1,2022.
The Community Development Department and the Planning and 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
-5 -
Recommendation & Findings of Fact
Petition 27-22
August 1,2022
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to
its size, shape, significant features including topography, watercourses, vegetation, and
existing improvements. The 8,500-square foot ground floor tenant space is part of a four-
story 26,136-square foot office building that is currently vacant. The existing building
occupies the entire property. There is no vehicular access. The main pedestrian access is
located off of DuPage Court.The applicant is not proposing to make any interior or exterior
changes to the building or the tenant space. The existing open floor plan is well suited for
the proposed use.No existing site features including topography,watercourses,vegetation,
and property improvements exist that would have a negative impact on the proposed
conditional use.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
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 existing building covers the entire property with no on-
site parking or vehicular access. The main pedestrian access to the building is provided
from DuPage Court. 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. With only one group exercise
class at any one time with maximum of 20 participants per class, and three employees,the
proposed fitness club is expected to generate minimal vehicular trips, and will not cause
any traffic congestion in the surrounding neighborhood.
No parking exists on site,but the zoning ordinance does not require off-street parking for
any land use within the CC 1 District. Ample free public parking is available at the City-
owned surface parking lots at the southwest corner of E. Chicago Street and S. Grove
Avenue and at the northwest corner of Prairie Street and S. Grove Avenue. Public parking
-6-
Recommendation&Findings of Fact
Petition 27-22
August 1,2022
is also available at the Spring Street parking structure at the northeast corner of E. Chicago
Street and Spring Street one block to the north. On-street parking with mostly two-hour
parking restriction from 8 a.m. to 5 p.m. Monday through Friday is also available on both
sides of Spring Street and S. Grove Avenue.
D. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and chapter.
Findings.The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance. All business activities will be conducted on the interior. The applicant
is not proposing to make any interior or exterior building improvements. The upper floors
of the building are currently vacant.The existing open layout of the first floor is well suited
for the proposed physical fitness facility. The facility would offer a variety of fitness
equipment and group exercise classes. The first-floor space can easily accommodate one
class at the time that would have a maximum of twenty participants per class.The proposed
hours of operation 9 a.m. to 9 p.m. Monday through Friday and 8 a.m.to 12 p.m. Saturday
and Sunday 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. 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 does not propose any changes to the exterior of the building.
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petition 27-22, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Erick Arevalo, as
applicant, and Legend Partners LLC, as property owner received June 14, 2022, and
- 7 -
Recommendation&Findings of Fact
Petition 27-22
August 1,2022
supporting documents including:
a. Conditional Use Statement of Purpose and Conformance, prepared by Erick
Arevalo, dated June 21,2021;
b. Boundary and Topographic Survey, prepared by WT Group, dated September 19,
2019; and
c. Undated Existing First Floor Plan, Sheet A101, prepared by WT Group, received
July 1, 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. All street graphics must comply with the zoning ordinance requirements. Wall signs shall
not be box signs. Wall signs must be channel letters.
3. Compliance with all applicable codes and ordinances.
The vote of the Planning and Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department, was seven (7) yes, zero
(0)no, and zero(0)abstentions. All members were present.
Respectfully Submitted,
s/Jay Cox
Jay Cox, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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EXHIBITA Aerial/Location Map
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Map prepared by City of Elgin o zs so goo tso 20Feet
Department of Community Development
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Petition 27-22
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QRC 1 Residence Conservation 1 y AA
Q RC2 Residence Conservation 2 N Dupage Ct �� Dupage St
QRC3 Residence Conservation 3 CO
O PRC Planned Residence Conservation L
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OSFR1 Single Family Residence 1
QPSFR1 Planned Single Family Residence 1 A�
O SFR2 Single Family Residence 2 r�
O PSFR2 Planned Single Family Residence 2 Q d
OTRF Two Family Residence
QPTRF Planned Two Family Residence
MFR Multiple Family Residence
O PMFR Planned Multiple Family Residence Fulton St
QRB Residence Business
OPRB Planned Residential Business
QNB Neighborhood Business
OPNB Planned Neighborhood Business
13 AB Area Business
PAB Planned Area Business PCC v,
-CC1 Center City 1 (�1
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-CC2 Center City 2 OL
-PCC Planned Center City l0
ORI Office Research Industrial �� Prairie St
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III Q PGI Planned General Industrial
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13 PCF Planned Community Facility
EXHIBIT Zoning Map
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Map prepared by City of Elgin 0 50 100 200 300 40Feet
Department of Community Development
Subject Property
30 DuPage Ct.
Petition 27-22
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Dupage Ct Dupage St
EXHIBIT C Parcel Map N
City of Elgin o s �o Zo 30 aFW
Department of Community Development
EXHIBIT D
SITE LOCATION
30 D u Page Court
Pet 27-22
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EXHIBIT D
SITE LOCATION
1 DuPage Court
Pet 27-22
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Front elevation of building along , ' • • _ Ct
Rear elevation of the building facing north
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