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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 'ect Propert � ' R � � J - • �_ i�rlw._ y��1�ta 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. , Men's Women's r ..� t tranging room changing room I Open are For I WTI i Group Clas es Front Desk 0 Entrance/ � I exit ! s � Boxing i Exit iti Yn Ring Vre I Turf i c - LI Log equipment Ferree weiggN I Punching I - fae Q .. Bags i Office — r , � -- Chest&back i Equipment Figure 3. Proposed floor plan - 3 - 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 -4- 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 - 8 - t a t zoo ' Subject Property . .. ' Petition 27-22 , r i rati' Irk, mw �oo DuPage Ct�;,. r' ' DuPage St JIPI V ' 'Aft f Z 4 rw Jos % EXHIBITA Aerial/Location Map N 3 Map prepared by City of Elgin o zs so goo tso 20Feet Department of Community Development CF Q b! Division St o� c o � n� E Highland Ave y a Subject Property Petition 27-22 E Chicago St C C 2 v CC1 y y th Legend C. h 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 A 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 .a -CC2 Center City 2 OL -PCC Planned Center City l0 ORI Office Research Industrial �� Prairie St N O PORI Planned Office Research Industrial i0L� C. F O �I General Industrial "L III Q PGI Planned General Industrial Cl Commercial Industrial ®CF Community Facility 13 PCF Planned Community Facility EXHIBIT Zoning Map N+E S Map prepared by City of Elgin 0 50 100 200 300 40Feet Department of Community Development Subject Property 30 DuPage Ct. Petition 27-22 C, .z a 0614434016 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 F *. . . Subject 'ronerty r A. F� ,E tx`� 1 ` •c �' \t '. �! ■.� w• a■. Nr. .. Du age Fes: W. �,,..... Bird's eye view looking north Sub ectct Pro a p,.ipegc St—t � `, ..t.L ter._• 1, +a �� •� ��04 �i•� iLt � "i ,o m LLL Bird's eye view looking south EXHIBIT D SITE LOCATION 1 DuPage Court Pet 27-22 •� ., `r+^tit.~ • ���� gN1lHIINIU l�lup� Front elevation of building along , ' • • _ Ct Rear elevation of the building facing north t