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Home My WebLink AboutG8-23 Ordinance No. G8-23 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A TATTOO PARLOR IN THE CC1 CENTER CITY DISTRICT (63 Douglas Avenue, Unit 201) WHEREAS, written application has been made requesting conditional use approval to establish a tattoo parlor at 63 Douglas Avenue, Unit 201; and WHEREAS, the zoning lot with the building containing the premises at 63 Douglas Avenue, Unit 201 is legally described herein(the"Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a tattoo parlor is 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 December 5, 2022 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting 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 December 5, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a tattoo parlor is hereby granted for the property commonly known as 63 Douglas Avenue, Unit 201, which is part of the property commonly identified by Kane County Property Index Number 06-14-280-006, and legally described as follows: That part of the North 110.00 Feet of Lot 5 in Block 17 of the original town of Elgin, on the East side of Fox River lying West right of way line of Chicago and Northwestern railway company, in the City of Elgin, Kane county, Illinois (commonly known as 53-63 Douglas Avenue) 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 Kamila Perrin, as applicant, and Cuming Holdings LLC, as property owner, received November 1, 2022 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received November 7, 2022; b. Iron Wings Tattoo Business Plan, Kamila "Lariyah" Perrin, Owner Created on October 13t", 2022; c. Plat of Survey, prepared by Marchese Surveying, Inc., dated February 10, 2000; d. Undated Main Floor Plan, received November 7, 2022, with such further revisions as required by the Community Development Director; and e. Undated Iron Wings Tattoo, LLC. — 63 Douglas Ave #201, Elgin IL 60120. Projected Floor Plan, received October 16, 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 exterior 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. avid J. Kaptax , Ma r 2 25,2023 January 00 Passed: 3anuary 25,2 8 Nays: x< ,,,�FL, PaOrrvssed: Yeas. 3 t �> P a bus V ate' 25 202 � � .� v Wecorded•.l anuary 25 2023 ; ` r gecc lanuarY -` ' � <Published.. , Attest.. ... C' Clerk imberly Devi 3 EXHIBIT A December 5, 2022 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning and Zoning Commission regarding Petition 46-22,an application by Kamila Perrin, as applicant, and Cuming Holdings LLC, as property owner, are requesting a conditional use to establish a tattoo parlor at the property commonly referred to as 53-63 Douglas Avenue, Unit 201. GENERAL INFORMATION Petition Number: 46-22 Property Location: 63 Douglas Avenue, Unit 201 Requested Action: Conditional Use Current Zoning: CC 1 Center City District Proposed Zoning: No change. CC1 Center City District Existing Use: Vacant commercial space _ Proposed Use: Tattoo parlor Applicant: Kamila Perrin Owner Cuming Holdings LLC Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map Recommendation & Findings of Fact Petition 46-22 December 5,2022 C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Kamila Perrin, as applicant, and Cuming Holdings LLC, as property owner, are requesting a conditional use to establish a tattoo parlor at the property commonly referred to as 53-63 Douglas Avenue,Unit 201. The 7,842-square foot subject property is located in downtown Elgin at the southeast corner of Douglas Avenue and Division Street. The property, zoned CC1 Center City District, is improved with a 15,495-square foot 3-story commercial building constructed in 1889. Unit 201 is a 260- square foot office tenant space located on the 2nd floor of the building. The building occupies majority of the lot, however vehicular access exists for a small, paved area in rear of the building which includes the refuse collection area. All ground-level commercial spaces have direct access to Douglas Avenue. The access to upper floors is provided via two entrances with staircases and an elevator also from Douglas Avenue. The ground floor tenants include Arabica Coffee restaurant, State Farm Insurance office, Fat Cat Custom Guitars retails store, and Andersen's Engraving, an art, supply, and printing service. There are no tenants on the 2nd floor,while the 3'd floor is occupied by several office users including Docuprint, a Funeral Services Counseling service, and Guitar Smart music studio. The properties to the north, south, and east are all zoned CC1 Center City District. The property to the north across Division Street is improved with a 4-story Center City Apartments, a senior living facility.The properties to the east include a single-family residence attached to a three-story office building, which is home to The Highland Loft event space. The property adjacent to the south is a one-story office building home to a law firm office. The property to the west across Douglas Avenue is zoned CF Community Facility District and is improved with a City-owned public parking lot with a total of 179 parking spaces. -2 - Recommendation & Findings of Fact Petition 46-22 December 5,2022 • ��'"� _ till F t r - Si — . _ :_ ° .per yJI it • \\ ; - • .. ... - - __ . Pr rill". "Itl ` if'r a 111,: ! '✓' r i r.,-44: • .• , :, sr OAP .ice' +' /t $ 014 i ' . .'1 -.' , 4. Mf nrw1H eN. - �1 . air \ ,\ J., , 1,k,cr I t Figure 1:Site area map with zoning overlay Proposal The applicant is proposing to establish a tattoo parlor(Iron Wings Tattoo)within a 260-square foot Unit 201 on the 2nd floor of the building. The entire 2nd floor of the building,including Unit 201 is currently vacant. The proposed tattoo parlor would have two separate rooms, a small lobby reception/waiting room and the procedure area room. The applicant would set up three separate stations for tattoo artists. The hours of operation would be by appointment only Monday-Saturday from noon to 8 pm. No walk-in-service would be accepted. Iron Wings Tattoo would not offer piercings or any other body modifications. The facility would comply with all requirements of the Illinois Department of Public Health. -3 - Recommendation& Findings of Fact Petition 46-22 December 5,2022 STAIRS/BATHROOMS ENTRANCE FROM THE HALLWAY ELEVATOR/STAIRS 111111, 1 a ` sir 1., PROCEDURE m �\ a AREA sr RECEPTION !AP, _ iom* STORAGE ' — rrz• - i REQUIRED SINK ' REQUIRED SINK INSTALLATION AREA INSTALLATIONAREA (SUGGESTION 1) (SUGGL ESTION 2) Figure 2:Proposed floor plan for Iron Wings Tattoo parlor The applicant is proposing only minor interior renovation to install a sink to accommodate the new use. No exterior changes are proposed, and any future signage will meet the zoning ordinance requirements. 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 tattoo parlor. The employees and customers will have access to all downtown city-owned parking facilities, including the City-owned surface parking lot across the street at the northwest corner of Douglas Avenue and E. Highland Avenue. Douglas Avenue is a two-way street with additional on-street parking on the east side of the street with 30-minute parking restriction from 8:00 AM to 5:00 PM Monday-Friday. The proposed tattoo parlor is listed as a conditional use in the CC 1 Center City District and requires the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: -4- Recommendation & Findings of Fact Petition 46-22 December 5, 2022 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 originally zoned E Commercial District in 1927. In 1962, the property was rezoned to B-2 Central Business District, and in 1992,the property was rezoned to CC 1 Center City District as part of the comprehensive amendment to the zoning ordinance. The existing building was constructed in 1889 for Thomas McBride, one of Elgin's wealthiest men at the time. The wedge-shaped building backed-up to the Chicago and Northwestern railroad tracks in the rear which made it easy to load and unload the freight cars from the building. To spare the demolition of the building, the upper façade was covered in yellow aluminum in the mid-1960s and remained a big yellow box until 2002. In 2002, Ben Corn, the owner at the time, received a $138,208 grant from the City of Elgin's Façade Improvement Grant program to restore the building. Total restoration cost was $445,575. The restoration project received numerous awards and serves as a model for other downtown buildings. The current ground floor tenants include Arabica Coffee restaurant, State Farm Insurance office,Fat Cat Custom Guitars retails store,and Andersen's Engraving,an art, supply,and printing services. There are no tenants on the 2nd floor, while the 3rd floor is occupied by several office users including Docuprint,a Funeral Services Counseling service and Guitar Smart music studio. A.K k FFFF t ! 4 4 + , f S 41 a ?r R n+w _ '.-1%/,i.do'1. Lag C 5 ref tty IP • .p��` A rs Figure 3:McBride Building at 53-63 Douglas Avenue through the years - 5 - Recommendation & Findings of Fact Petition 46-22 December 5,2022 B. Surrounding Land Use and Zoning. The properties to the north, south, and east are all zoned CC 1 Center City District. The property to the north across Division Street is improved with a 4-story Center City Apartments, a senior living facility. The properties to the east include a single-family residence attached to a three-story office building, which is home to The Highland Loft event space.The property adjacent to the south is a one-story office building home to a law firm office.The property to the west across Douglas Avenue is zoned CF Community Facility District and is improved with a City-owned public parking lot with a total of 179 parking spaces. 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 CC 1 Center City District is to facilitate the implementation of the official comprehensive plan for the city center, 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 façade 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 46-22 on December 5, 2022. Testimony was presented at the public hearing in support of the application.The Community Development Department submitted -6- Recommendation & Findings of Fact Petition 46-22 December 5,2022 a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated December 5, 2022. The Community Development Department and the Planning and Zoning Commission have made the following fmdings 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 tattoo parlor would occupy the vacant second-floor commercial space within the existing three-story building on the property. Two staircases and one elevator located on the western side of the building with direct access from Douglas Avenue provide access to the upper-floor tenant spaces. The pedestrian access to the ground-floor commercial tenant spaces is also located off of Douglas Avenue. A vehicular access to the rear of the property from Division Street exists and provides access to the refuse collection area in rear of the building. The applicant is not proposing to make any exterior changes to the existing building. 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 not proposing any changes to the existing sewer and water utilities. The applicant is proposing to add one sink to meet the requirements of the Illinois Department of Public Health. The existing sewer and water facilities can adequately serve the proposed use and its need for one additional sink. 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 -7- Recommendation & Findings of Fact Petition 46-22 December 5,2022 the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The existing building covers the majority of the lot. A vehicular access to the property exists, but provides only the access to a refuse collection area in rear of the building. Pedestrian access to all ground-floor and upper-floor tenant spaces is located off of Douglas Avenue. 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 off-site traffic circulation. The zoning ordinance does not require off-street parking be provided by any land use within the CC 1 district. On-street parking is provided on the east side of Douglas Avenue. In addition,employees and customers will have access to all public parking facilities in the downtown area including the surface parking lot across the street where 179 parking spaces are available for public parking. 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 business activities will be conducted on the interior of the building without any impact on the surrounding properties. The hours of operation are similar to other office uses in the building and other downtown 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. The existing building was fully restored in 2002 and is considered contributing to the Downtown Historic District. Still,while no City or State regulations are associated with this designation,the applicant does not propose any changes to the exterior of the building. - 8- Recommendation& Findings of Fact Petition 46-22 December 5, 2022 RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 46-22, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Kamila Perrin, as applicant, and Cuming Holdings LLC,as property owner,received November 1,2022 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received November 7,2022; b. Iron Wings Tattoo Business Plan, Kamila "Lariyah" Perrin, Owner, Created on October 13th,2022; c. Plat of Survey,prepared by Marchese Surveying, Inc.,dated February 10,2000; d. Undated Main Floor Plan,received November 7, 2022,with such further revisions as required by the Community Development Director; and e. Undated Iron Wings Tattoo, LLC. — 63 Douglas Ave #201, Elgin IL 60120, Projected Floor Plan, received October 16, 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 exterior street graphics must comply with the zoning ordinance requirements. 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 four(4)yes, zero(0) no, and zero(o)abstentions. Three members were absent. Respectfully Submitted, s/Jav Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary -9- Recommendation & Findings of Fact Petition 46-22 December 5,2022 Planning&Zoning Commission - 10 - Ai. - 147 . „ . _-4,- • ,..c, r.-. K,; r r ! Iit� w 1 , :. " II iiik' !' I i it ,sir.. .F _ ••---Try ! i —� ' J Dexter Ct I Dexter Ave - .- , . -p* ram. , y.� in \ sir. y+b r, r, T RY ow 'll Oil Oa .. : . ift- \ - 9.4 -, 1. - "' I I I I . . •■- ' rol . . 1-_ ,., Subject Property ., d\' . r Petition 46-22 a i. i i it.. , ... Division St Aiii - t. o, ,A, / 0 - r tC,. ''"C.1WfEat t ' ,1 ; ..„ ., t. Li , �R �; . . s,. ,_ . .. .. . ...........sca,..,.. . - 'T Highland Ave ' P' \ . ..r)1191111- : , iiiim 4 / . r \le , e 4. s , ; .i., 4' • \\*A' , ''' 41111,.0 mil lionsiesinisilkjilimill‘,m01111 rigi— , ii.* wiLr..H i r 1 7 os . .4‘;`.. F);._ ,• 1 - -ritipf'7" _ , i f ? tso_rli 40; .' -----..mimiremi......- . ,shmimmilkia. . . �\ iii:al _.•.L . 1, P J. • : . \ . 'lei 1 49,1 . ' Chicago Si _ ► c ...;. . • \ . . ----, _: EXHIBITA Aerial/Location Map Map prepared by City of Elgin 0 25 so too 150 20 0 Feet Department of Community Development PCF is Symphony Way 8 .. Dexter Ct Dexter= II Subject Property Petition 46-22 C C� _ ,iiiiiiirodi, .. 0 wok.. . .141146. . A. Division J Legend QRC1 Residence Conservation 1 QRC2 Residence Conservation 2 QRC3 Residence Conservation 3 - -- QPRC Planned Residence Conservation Highland Ave QSFR1 Single Family Residence 1 OPSFR1 Planned Single Family Residence 1 V• ii Q SFR2 Single Family Residence 2 O. W QPSFR2 Planned Single Family Residence 2 6 �j OTRF Two Family Residence w�^ QPTRF Planned Two Family Residence 60 `•fir OMFR Multiple Family Residence OPMFR Planned Multiple Family Residence QRB Residence Business Chicago Q PRB Planned Residential Business NIIT QNB Neighborhood Business QPNB Planned Neighborhood Business k -AB Area Business i3 -PAB Planned Area Business -CC1 Center City 1 V� -CC2 Center City 2 PCC oL ®PCC Planned Center City OORI Office Research Industrial �L� • - - EM PORI Planned Office Research IndustrialNi,.. uPage 02 DuPage St GI General Industrial CF \ OPGI Planned General Industrial OCI Commercial Industrial .11 Silt OCF Community Facility co OPCF Planned Community Facility ,/ `e".i ' 7.----\\\ EXHIBITS Zoning Map 1 Map prepared by City of Elgin 0 50 100 200 300 400 Feet Department of Community Development Subject Property 1 Division St 63 Douglas Ave. Unit 201 Petition 46-22 (r) c tz z 0614280006 Highland Ave EXHBIIT C Parcel Map N City of Elgin 0 5 10 20 30 40 Department of Community Development Feet EXHIBIT D SITE LOCATION 63 Douglas Ave, Unit 201 Pet 46-22 Sub @Ct Propert it.�+�4 1r H `•+If.\■' r■ " al AI --u . . - -'r„ .2 . ----— - . 1 • . Division Street P I ' f .n 1 _ 1. .trk�L j i 11111 1 E id y _ 1 - r, _ 4 f. I . • %. y 1 a .- •Y '� - n ■ 1\■■ a ■ II II II ,. . •. , '1 • i..,SEW ' _- -S i .........--- 1 -•�•^ `Aim enue :r_; • r— FE-r-ri : Bird's eye view looking north iit t: 1:1 - .- I ". . :—. . - i I '4,MIDO.L.' • !r i• i . - --.f : 7....... t ! .1 i■r t t t , to. r --,if'_ > I �- •n,lir 11 • ,N ,. Or ,- 7 ,• I. prjoir- r 1st� IIT • 4- t, t . . c .I.1 *II k tiiitiii rv. 1 of 15 Avenue .�: 1 �� fir! _ t • ,i uvuplas Avenue - L L' ' •- -t -- . �y 1 cal; '_- � ' 2i All E .eView Technolio.. •or•orat o Bird's eye view looking east EXHIBIT D SITE LOCATION 63 Douglas Ave, Unit 201 Pet 46-22 \ th r , I,l� ttr� �t1jM. , Itt i 1 ,...-„. j 1 + __ '1 1....Oti t 1 ; �'+""r -`fir I {� I. "tii . , , 111 ,,>_ ; • «'{{j ''c �-`•�I I r:Sr:- . ,y f `T _• - ' 1 . _ - - Street view of the existing building looking south on Douglas Avenue wig,.-usy 2d22 ?;. �y 1 C�CE r e ,~ L li .�ivrr__ r ,�� vi _ _ _ '.,-�. l . y ' MA �/ y ti ' 3 mot ' ._y w 1 - �+ ytj ` Ili Iii e F �4 , • . --^.--"." Street view of the existing building looking north on Douglas Avenue 2 EXHIBIT D SITE LOCATION 63 Douglas Ave, Unit 201 Pet 46-22 .. ,. rein Vie..IA 2. r .,....._ ,,, r . „ E ` �k r' f 1 * Y -� b , s _ a.` -J i%i let View of the existing building as seen from Division Street