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HomeMy WebLinkAboutG59-22 Ordinance No. G59-22 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE AB AREA BUSINESS DISTRICT (28 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to establish a commercial event space for activities pertaining to assembly of people at 28 Tyler Creek Plaza; and WHEREAS, the zoning lot with the building containing the premises at 28 Tyler Creek Plaza is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and a commercial event space for activities pertaining to assembly of people is listed as a conditional use within the AB Area Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 12, 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 AB Area Business 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 12,2022, 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 for a commercial event space for activities pertaining to assembly of people is hereby granted for the property commonly known as 28 Tyler Creek Plaza,which is part of the property commonly identified by Kane County Property Index Numbers 06-03-376-015, 06-03-376-016, 06-03-376-017, and 06-03-376-020, and legally described as follows: LOTS 3, 4, AND 6 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT 1660686, IN KANE COUNTY, ILLINOIS PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1660687, AS AMENDED FROM TIME TO TIME, ON AND over LOTS 1 AND 2 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMBER ROAD, THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 1-60 Tyler Creek Plaza) 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 Gilberto Conejo as applicant, and J7J Covina Center LLC, as property owner, received May 18, 2022, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received September 8, 2022; b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002; and c. Architectural plans titled: `Interior Remodeling For New "G & A Super Fiesta Family Gathering Place",Change of Use 28 Tyler Creek Plaza,Elgin,IL',prepared by ALA Creative Design Inc., dated April 25, 2022, with such further revisions as 2 required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners,Breakout Session,Round-Table Discussions,and/or Workshops; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Beer, Wine, Liquor, and/or Food Tastings; f. Celebrations, Soirees,Private Parties, such as Anniversaries, Birthdays,and/or Bar and Bat Mitzvahs; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows; j. Corporate and/or Non-profit Events; k. Couples Night Out Events; 1. Dance 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; 3 ee. Retreats and Team Buildings Events; ff. Sip and Paint Nights; gg. Social Events; hh. Symposiums; ii. Themed Events; J. 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. 3. Any event of an above assembly use may be catered,with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4. 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. 5. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 6. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. sk David J. Kapp Ph, or 4 Presented: October 26, 2022 Passed: October 26, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: October 26, 2022 Published: October 26, 2022 T Attest: rP Kimberly Dewis, Ci erk �.. y 5 EXHIBIT A September 12, 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 Petition 25-22, an application by Gilberto Conejo as applicant, and J&J Covina Center LLC, as property owner, requesting a conditional use to establish a commercial event space for activities pertaining to the assembly of people at the property commonly referred to as 28 Tyler Creek Plaza. GENERAL INFORMATION Petition Number: 25-22 Property Location: 28 Tyler Creek Plaza Requested Action: Conditional Use Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District Existing Use: Church Proposed Use: Commercial event space Applicant: Alberto Conejo Owner J&J Covina Center LLC Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial/Location May Recommendation & Findings of Fact Petition 25-22 September 12, 2022 B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Gilberto Conejo as applicant, and J7J Covina Center LLC, as property owner, are requesting a conditional use to establish a commercial event space for activities pertaining to the assembly of people at the property commonly referred to as 28 Tyler Creek Plaza. The subject property, 28 Tyler Creek Plaza, is a 3,600-square foot commercial space part of the Tyler Creek Plaza multi-tenant shopping center located at the northeast corner of Big Timber Road and N. McLean Boulevard. The shopping center is anchored by Butera Market and includes 20 commercial tenant spaces in five buildings with 433 parking spaces.The largest tenants are Butera Market and First Community Bank. Other tenants include various retail service uses and restaurants, such as Dunkin' and Rosati's Pizza. Three commercial tenant spaces are currently vacant. The subject tenant space is located north of the existing Butera Market food store.The location of this tenant space, at the back of the shopping center and away from Big Timber and McLean Boulevard,makes it less-desirable for typical retail uses that rely on high degrees of visibility. The multi-tenant shopping center called Tyler Creek Plaza North is located directly to the north of the subject property and is also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. A portion of the Hunter's Ridge Apartments complex is also located adjacent to the north and is zoned PRC Planned Residence Conservation District. The property adjacent to the east is zoned PRC Planned Residence Conservation District and ARC Arterial Road Corridor Overlay District and is improved with multi-family residences part of Hunter's Ridge Apartments complex. The properties to the south across Big Timber Road are zoned GI General Industrial District and are improved with several light-industrial and warehousing one-story buildings. -2 - Recommendation & Findings of Fact Petition 25-22 September 12, 2022 The properties to the west across N. McLean Boulevard are zoned AB Area Business District and I � ARC Arterial „.- Road l BJECT Corridor . �. TENANT SPACE Overlay District. The TYLER CREEK PLAZA property at e 't SHOPPING CENTER the northwest � corner of Big Timber Road and N. f McLean ,, 11 Boulevard is improved • .��• with a motor vehicle Figure 2.Site area map with zoning overlay service station, while a 2.5-story Chase bank building is located directly to the north of the motor-vehicle service station. Proposal The applicant is proposing to establish a commercial event space within the 3,600-square foot commercial tenant space. The new event space, G&A Super Fiesta, as the event venue would be called would have a maximum capacity of 145 people. The tenant space is currenity ocupied by a church, but will soon become vacant. The space offers a large open floor plan perfect for social gatherings.The applicant is proposing only minor interior renovation to accommodate the new use, and no exterior changes to the building. The venue would be available for rent only Friday-Sunday and on Holidays.The hours of operation would be 4 pm— 12:30 am(the following day)on Fridays, 12 pm— 12:30 am(the following day) on Saturdays and Holidays,and 12 pm— 11 pm on Sundays.The facility would be closed Monday — Thursday, with the exception of Holidays. Accessory music for events would be permitted, however, the space would not be permitted to be used as a music or concert venue. Most events are expected to have food service with food provided by outside caterers.No food would be cooked and prepared on site. Similarly,any event at G&A Super Fiesta may include the service of alcohol, with such service provided by either the applicant, or from an off-site establishment which is in compliance with the City's liquor code.The applicant will have to obtain a separate liquor license for the event space prior to any alcohol service on the premises. The proposed facility is required to provide one parking space per employee during peak demand plus one parking space per four guests during peak occupancy. With up to eight employees during largest events,and maximum occupancy of 145 persons,the facility is required to have 42 parking -3 - Recommendation & Findings of Fact Petition 25-22 September 12, 2022 spaces. With the proposed event space and the existing mix of uses within the shopping center,the entire shopping center is required to have 427 parking spaces.With 433 parking spaces on site,the shopping center will continue to meet the parking requirements. The proposed commercial event space for activities pertaining to the assembly of people is listed as a conditional use in the CC 1 Center City District,requiring the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History.The subject property was annexed to the city in 1966.Upon annexation, the property was zoned B-3 Service Business District.In 1983,the property was subdivided and the existing multi-tenant shopping center building was completed in 1984. In 1992,the property 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. Over the years, the City Council approved several ordinances granting conditional use approval for various businesses within the shopping center. In 2011, Ordinance No. G28- 11 granted conditional use approval for a physical fitness facility at 24 Tyler Creek Plaza. In 2014, Ordinance No. G 16-14 granted conditional use approval for accessory package liquor sales at 20 Tyler Creek Plaza (Butera Market). In 2014, Ordinance No. G49-14 granted conditional use approval for a physical fitness facility at 40 Tyler Creek Plaza. In 2018, Ordinance No. G28-18 granted approval for the establishment of Universal Church within the subject tenant space at 28 Tyler Creek Plaza. And in 2019, the City approved a physical fitness facility at 24 Tyler Creek Plaza by Ordinance No. G21-19. B. Surrounding Land Use and Zoning. The subject property is part of Tyler Creek Plaza shopping center located at the northeast corner of Big Timber Road and N. McLean Boulevard. The multi-tenant shopping center called Tyler Creek Plaza North is located directly to the north of the subject property and is also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. A portion of the Hunter's Ridge Apartments complex is also located adjacent to the north and is zoned PRC Planned Residence Conservation District. The property adjacent to the east is zoned PRC Planned Residence Conservation District and ARC Arterial Road Corridor Overlay District and is improved with multi-family residences part of Hunter's Ridge Apartments complex. The properties to the south across Big Timber Road are zoned GI General Industrial District and are improved with several light-industrial and warehousing one-story buildings. -4- Recommendation & Findings of Fact Petition 25-22 September 12, 2022 The properties to the west across N. McLean Boulevard are zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The property at the northwest corner of Big Timber Road and N. McLean Boulevard is improved with a motor vehicle service station,while a 2.5-story Chase bank building is located directly to the north of the motor-vehicle service station. C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and intersection, 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 AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population.AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC 1 center city district. E. Trend of Development.The subject property is located within Tyler Creek Plaza shopping center completed in 1984. There most recent new development in the area was the construction of the Culvers restaurant in 2020. The most recent developments within the shopping center include interior renovations for new businesses,such as beauty salons and restaurants. Staff anticipates Tyler Creek Plaza will remain in its cur-rent configuration for the foreseeable future providing commercial space of various sizes to retail uses serving the surrounding neighborhoods. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 25-22 on September 12,2022. 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 September 12,2022. 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: - 5 - Recommendation & Findings of Fact Petition 25-22 September 12,2022 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 subject property is fully improved with a commercial shopping center and accessory parking lot. The proposed event space would occupy a 3,600-square foot commercial space within the exiting multi-tenant and multi-building shopping center. The space features an open floor plan ideal for a commercial venue space. The applicant is proposing only minor interior renovation to accommodate the new use. No exterior changes are proposed. 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 and the subject commercial space are currently served by municipal water, sanitary sewer, and storm water systems. The applicant is proposing renovation to the existing bathrooms,but no substantial changes are proposed to the existing sewer and water utilities. The existing sewer and water facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is part of a multi-tenant shopping center with access to N. McLean Boulevard and Big Timber Road. The parking lot layout maintains a safe and efficient on-site and off-site vehicular circulation.The proposed use will not have any negative effect on the existing on-site and off-site traffic circulation. The existing multi-tenant shopping center is partially occupied. The existing tenants are a mix of retail uses including Butera Market, Elgin State Bank, and various restaurants including Rosati's Pizza and Dunkin'. All tenants in the shopping center enjoy cross- -6- Recommendation & Findings of Fact Petition 25-22 September 12, 2022 parking and cross-access easement rights. The proposed facility is required to provide one parking space per employee during peak demand plus one parking space per four guests during peak occupancy. With up to eight employees during largest events, and maximum occupancy of 145 persons, the facility is required to have 42 parking spaces. With the proposed event venue, and based on the existing mix of uses on the property, the shopping center is required to provide a total of 427 parking spaces. With 433 parking spaces available, the shopping center will continue to meet the zoning ordinance parking requirement. 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. The applicant is not proposing any exterior changes to the building. All commercial event activities will be conducted on the interior of the building without any impact on the surrounding properties. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. While accessory music for events would be permitted, the space would not be permitted to be used as a music or concert venue. The applicant must comply with Chapter 10.30"Noise" of the Elgin Municipal Code, 1976 as amended. The event space will be available for rent both on weekdays and on weekends, which is similar to the hours of operations of other businesses within the shopping center. 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 Petition 25-22, subject to the following conditions: - 7 - Recommendation & Findings of Fact Petition 25-22 September 12,2022 1. Substantial conformance to the Development Application submitted by Gilberto Conejo as applicant, and J7J Covina Center LLC, as property owner, received May 18, 2022, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received September 8,2022; b. Plat of Survey,prepared by Alan J. Coulson, P.C.,dated March 7,2002; and c. Architectural plans titled: `Interior Remodeling For New "G & A Super Fiesta Family Gathering Place",Change of Use 28 Tyler Creek Plaza,Elgin,IL',prepared by ALA Creative Design Inc., dated April 25, 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. 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; - 8 - Recommendation & Findings of Fact Petition 25-22 September 12,2022 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; 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. 3. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4. 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. 5. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not -9- Recommendation & Findings of Fact Petition 25-22 September 12, 2022 limited to the number and duration and requirement for a separate permit for each outdoors event. 6. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. The vote of the Planning&Zoning Commission on the motion to recommend approval,subject to the conditions outlined by the Community Development Department,was five(5)yes,zero(0)no, and zero(0)abstentions. Two members were absent. Respectfully Submitted, s/Jav Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 10- lll_ A I ' won Crestvrew_Dr oo, Subject Property Petition 25-22 a - •r a iairwood ;F, ron Dr R _ Y •p t 1 . BigdTimber,Rd t Timber.Dr ♦ U' �taa w.w C• Ab �. Mildred Ave � ... bohOr EXHIBITA Aerial/Location Map Map prepared by City of Elgin o so iso 360 Sao 72Feet Department of Community Development TFR GI PMFR cF Subject Property 1 p Y I Petition 25-22 Z 3 - PRC 4 Byron Dr - AB Legend c ORC1 Residence Conservation 1 J c Q RC2 Residence Conservation 2 � L Q RC3 Residence Conservation 3 m OPRC Planned Residence Conservation Q SFR1 Single Family Residence 1 PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 Big Timbe Rd r QPSFR2 Planned Single Family Residence 2 OTRF Two Family Residence OPTRF Planned Two Family Residence MFR Multiple Family Residence Timber Dr QPMFR Planned Multiple Family Residence -- QRB Residence Business - OPRB Planned Residential Business NB Neighborhood Business PNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business G 1 -CC Center City 1 I -CC2 Center City 2 -PCC Planned Center City -ORI Office Research Industrial -PORI Planned Office Research Industrial -GI General Industrial -PGI Planned General Industrial - -Cl Commercial Industrial -CF Community Facility -PCF Planned Community Facility tone Ln EXHIBIT Zoning Map N W�E S Map prepared by City of Elgin 0 55 110 220 330 440 Department of Community Development IFeet Subject Property Petition 25-22 z 3 Byron Dr M su CID 0603376015 0603376016 4 Tyler Cr 060337601 C J C 0603376020 m Big Timber Rd Timber Dr EXHIBIT Parcel Map N City of Elgin A Department of Community Development o ss 70 140 210 280 Feet EXHIBIT D SITE LOCATION 28 Tyler Creek Plaza 4 Petition 25-22 Tyler Creek Plaza h, E f; 06 �- IS � IL AV 1 � r•��• � r f 1 •n.w+.w�w� i � E f 4 e .p � � e„� P � i�r �E,.a• �E1. �:...� ICE .-•.,n.. l .r'-- ism Bird's Eye View Looking North Location of 28 Tyler Creek Plaza Unit -iTt ih i....na.. .. v � 's�- ,, � � Subject Property Bird's Eye View Looking South EXHIBIT D SITE LOCATION 28 Tyler Creek Plaza Petition 25-22 as �431 t p, ' �Mmwimmix— � ; r,4,Myr ,'"+'� - `l.ti Ile• r _ ..A4 � �l 4 jai ,� '� � _R`' ,�A'- , � � r�` - —r���i• R.� �• / \ 7 y \ c x r i LOW /fit ► t l � .�. �� �,y� r- yr.. ,.. „ iY ..i._a r ... 116 Bird's Eye View Looking East t e i% �w Existing Front Elevation: 28 Tyler Creek Plaza