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HomeMy WebLinkAboutG9-22 Ordinance No. G9-22 AN ORDINANCE AMENDING CHAPTER 19.15 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PRESERVATION DISTRICTS" TO AMEND THE LAND USE REGULATIONS RELATING TO TATTOO PARLOR ESTABLISHMENTS WHEREAS, a written application has been made to amend Chapter 19.15 of the Elgin Zoning Ordinance entitled "Preservation Districts" to amend the regulations relating to tattoo parlor establishments; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on January 10, 2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be approved; and WHEREAS, the City Council concurs with the findings and recommendation 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,regulations in the city's zoning ordinance relating to tattoo parlor establishments, pertain 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 January 10, 2022 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 the land use"Tattoo parlors(7299)"in subsection G. "Amusement and recreation services division:" in Section 19.15.520 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use" be and is hereby replaced in its entirety to read as follows: "Tattoo parlors (7299), except when located above the ground floor on a"zoning lot" [SR] with frontage along a single arterial roadway, and such roadway being E. Highland Avenue between Riverside Drive on the west and Geneva Street on the east." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Ka in, Kayor Presented: February 23, 2022 Passed: February 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 23, 2022 Published: February 23, 2022 Attest* Kimberly Dewis, Ci erk 2 EXHIBIT A January 10, 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 and Zoning Commission regarding Petitions 52-21 and 62-21, an application by Amy Porter Art Inc., DBA: Alchemy Tattoo & Gallery, as applicant, and Cuming Holdings LLC, as property owner, are requesting (1) to amend Title 19 "Zoning" of the Elgin Municipal Code to modify the zoning ordinance regulations for tattoo parlors within ARC Arterial Road Corridor Overlay District, and(2)a conditional use to establish a(1)tattoo parlor, (2)an art gallery, and (3) a commercial event space for activities pertaining to assembly of people at the property commonly referred to as 107 E. Highland Avenue. The property is located in downtown Elgin and is zoned CC 1 Center City District and is part of the ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 52-21 and 62-21 Property Location: 107 E. Highland Avenue Requested Action: Text Amendment and Conditional Use Current Zoning: CC 1 Center City District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. CC 1 Center City District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space Proposed Use: Tattoo parlor, art ag llerv, and event space Applicant: Amy Porter Art Inc., DBA: Alchemy Tattoo and Gallery Owner Cumin Holdings oldings LLC Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Amy Porter Art Inc., DBA: Alchemy Tattoo&Gallery, as applicant, and Cuming Holdings LLC, as property owner, are requesting(1)to amend Title 19 "Zoning"of the Elgin Municipal Code to modify the zoning ordinance regulations for tattoo parlors within ARC Arterial Road Corridor Overlay District, and(2)a conditional use to establish a(1)tattoo parlor,(2)an art gallery, and(3) a commercial event space for activities pertaining to assembly of people at the property commonly referred to as 107 E. Highland Avenue. The property is located in downtown Elgin and is zoned CC 1 Center City District and is part of the ARC Arterial Road Corridor Overlay District. The subject tenant space is 2,200 square feet in area and occupies the entire second floor of the two-story building located at the southeast corner of N.Grove and E.Highland Avenues.The two- story building covers the entire 1,905-square foot property. The subject property fronts on N. Grove Avenue on the west, E. Highland Avenue on the north, and a public alley on the east, but does not have vehicular access. Pedestrian access is provided via multiple doors from both streets. The access door to the second-floor staircase is located near the middle of the north elevation along E. Highland Avenue. The two-story building, known as the B. Hagelow Building, designed in Commercial Italianate style was completed in 1885. The building was constructed for Bernard Hagelow, a wholesale dealer and bottler for Pabst Brewing Company. It is believed that the first use of the property was the Mortiz Klinger Saloon. By 1887, though, Bernard Hagelow and Mortiz Klinger were listed as partners at this location so the saloon and beer bottling company continued to operate until the Prohibition in 1914. After the Prohibition, taverns continued to operate in the building. The first floor of the building is currently occupied by Red Poppy Bistro restaurant. The second floor is vacant,but was most recently used as an office space. -2 - Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 i Subject Propert 4r , 40 / - } 1: - Figure 1:Site area map with zoning overlay The properties to the west, south, and east are all zoned CC Center City District. The property to the west is a two-story former bank building,where the City recently approved the adaptive reuse of the building as a dormitory and classroom space for Judson University. The property adjacent to the south is a surface parking lot. The property adjacent to the east is a two-story commercial building that is currently vacant. The property to the north across E.Highland Avenue is zoned CF Community Facility District and is improved with a city-owned public parking lot. Proposal The applicant is proposing to establish a tattoo parlor and art gallery with an event space at 107 E. Highland Avenue. Alchemy Tattoo and Gallery, as the establishment would be called, would occupy the entire 2,200-square foot second floor. Alchemy is currently located in Arrington Heights and is looking to relocate to Elgin. - 3 - Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10,2022 ARTIST STUDIO 1 The proposed tattoo parlor (IT:cQrrl ARTIST STUDIO 2 ARTIST STUDIO 3 (,S„a`T) hen eu In - would have four separate artist studios with hours of operation by appointment only Monday- Saturday from 10 am to 8 pm.No walk-in-service would be accepted. Alchemy would not offer piercings or any other body modifications. The facility would comply with all WAITING ROOM SITTI NG AREA (19 s,�„ (:2 0 5R AREA requirements of the Illinois Department of Public Health. STAIRSlHALL 198 sR n1 The facility would also have an art gallery space and would sell a variety of featured art products RESTRO 11 BREAK ROOM (/)IQ III I»>,Q and fine art prints. During the first year, four art exhibitions would be organized, one at the UTILITY Roots beginning of each season, with the intent to increase the number ART 1ST STUDIO 4 of art exhibits to one per month 210'° in subsequent years. The art _ exhibitions would take place from 6 pm to 9 pm with no tattoo procedures during that time. In addition to the art exhibitions, the facility would also organize few art-focused events, such as Figure 2:Alchemy Tattoo and Gallery floor plan. but not limited to paint and draw (N.Grove Avenue is on top) nights and fundraisers. The applicant's intent is to bring the artists together and further the artist community in Elgin. All events would take place when no tattoo services are in session.No food or drinks would be served. The maximum attendance at any event would be 20 people. The applicant does not have any plans to offer the facility for rent for third party events. The applicant is not proposing any exterior changes, and any future signage will meet the zoning ordinance requirements. The applicant will need to complete minor interior renovation, including the installation of the fire alarm system,to accommodate the new use. -4- Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 While tattoo parlors are allowed as a conditional use in both CC 1 and CC2 downtown districts, ARC Arterial Road Corridor Overlay District prohibits the establishment of tattoo parlors, among other specific land uses,on properties which front on arterial roadways.Because Highland Avenue is an arterial roadway, the subject property is part of the ARC overlay district, and a tattoo parlor is not allowed on the property. Therefore, the applicant is proposing to amend the regulations within the ARC overlay district to allow tattoo parlors above the first floor of properties located along Highland Avenue on the east side of Fox river(more specifically from Geneva Street on the east end where Highland Avenue starts, to Riverside Drive on the west end). The existing prohibition of tattoo parlors along the remainder of Highland Avenue west of the river and any other arterial road would remain. 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 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. In 2001,the property became part of the ARC Arterial Road Corridor Overlay District. The two-story building on the property, known as the B. Hagelow Building, designed in Commercial Italianate style was completed in 1885. The building was constructed for Bernard Hagelow, a wholesale dealer and bottler for Pabst Brewing Company. It is believed, however, that the first use of the property was the Mortiz Klinger Saloon. By 1887,though, Bernard Hagelow and Mortiz Klinger were listed as partners at this location, so the saloon and beer bottling company continued to operate until the Prohibition in 1914. After the Prohibition, taverns continued to operate in the building. The first floor of the building is currently occupied by Red Poppy Bistro restaurant. The second floor is vacant, but was most recently used as an office space. B. Surrounding Land Use and Zoning. The properties to the west, south, and east are all zoned CC 1 Center City District. The property to the west is a two-story former bank building,where the City recently approved the adaptive reuse of the building as a dormitory and classroom space for Judson University. The property adjacent to the south is a surface parking lot. The property adjacent to the east is a two-story commercial building that is currently vacant. The property to the north across E. Highland Avenue is zoned CF Community Facility District and is improved with a city-owned public parking lot. C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the - 5 - Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 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 city center, as focused on a distinctive subarea of the city with a common urban fabric. The CC 1 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 Petitions 52-21 and 62-21 on January 10, 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 January 10, 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 -6- Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 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,and vegetation,and existing improvements.The proposed tattoo parlor and art gallery would occupy the vacant second-floor commercial space within the existing two-story building that occupies the entire property. The pedestrian access to the second-floor tenant space is located near the middle of the building's north elevation along E. Highland Avenue. The property fronts on N.Grove Avenue on the west,E. Highland Avenue on the north,and a 12-foot public alley on the east side, however no vehicular access to the property exists. 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 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. Pedestrian access to the building is provided from both N. Grove Avenue and E. Highland Avenue, but the access to the second-floor unit is located near the middle of the building's north elevation along E. Highland 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 both sides of N. Grove Avenue and on the south side of E. Highland Avenue. In addition, employees and customers will - 7 - Recommendation &Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 have access to all public parking facilities in the downtown area including the surface parking lot across the street where approximately 290 parking spaces are available south of Dexter Court 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. 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. Due to the small size of the tenant space (2,200 square feet in area) and the proposed layout, the maximum capacity for any type of event, including but not limited to art exhibits, paint and draw nights, and fundraisers would be 20 persons.The applicant must comply with Chapter 10.30"Noise"of the Elgin Municipal Code, 1976 as amended. The facility would not be available for rent for any type of third- party events, and no food or drinks would be served at any events. 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. With only minor alterations to the building since it was completed in 1885, the building 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. STANDARDS FOR TEXT AMENDMENTS For consideration by the Planning and Zoning Commission, the Community Development Department offers that the proposed text amendment complies with the following purposes and - 8 - Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 intent of the Zoning Ordinance(§ 19.05.300): ❑ Promote the public health, safety, comfort, morals, convenience, and general welfare; ❑ Conserve the taxable value of land and structures throughout the city; ❑ Establish standards to which building or structures therein shall conform; and ❑ Prohibiting uses, buildings, or structures incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts. In addition,the Comprehensive Plan includes the following objectives: ❑ Support and encourage a mix of residential,commercial, retail, dining, entertainment, and office uses within the Downtown area and continue existing efforts to maintain the Downtown as a diverse employment center, a regional arts and tourism destination, and the symbolic heart of the Elgin community. (see Chapter 11, Implementation Action Matrix,Commercial Areas, Goal#1: Support and Grow Local Commerce). ❑ Identify opportunities to enhance the City's competitiveness for business and employment investment, including evaluating the current regulation environment. (see Chapter 11, Implementation Action Matrix, Commercial Areas, Goal #2: Further Develop the City's Economic&Employment Development Programs). RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petitions 52-21 and 62-21, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Amy Porter Art Inc, DBA: Alchemy Tattoo & Gallery, as applicant, and Cuming Holdings LLC, as property owner,received October 18, 2021 and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received December 10,2021; b. A Letter RE: Alchemy Tattoo and Gallery Second Floor Plan 107 East Highland Avenue Elgin, Illinois 60120, prepared by Jay W. Cox, Managing Partner, COBU Architecture Studio,PLLC, dated December 10, 2021; c. Undated document titled: "Alchemy Tattoo & Gallery Private Tattoo Studio Proposal", received November 11,2021; d. Undated document titled: "Alchemy Tattoo & Gallery a woman owned and - 9 - Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 operated fine art gallery and body art studio',received December 10, 2021; e. Undated document titled: "Featured Art Products", received November 11, 2021; f. Plat of Survey,prepared by MJM Consulting, Inc., dated May 15, 2019; and g. Undated plan titled:"Alchemy Tattoo&Gallery Proposed Floor Plan Approx.2200 sq ft",received November 11, 2021,with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Assembly uses permitted by this grant of conditional use shall include: a. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: b. Draw and Paint Nights; c. Exhibitions, including but not limited to Art Shows; d. Fundraisers; e. Gallery Displays, including but not limited to works of art, either temporary or permanent; f. 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. 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 five(5)yes, zero(0) no, and one(1) abstention. One member was absent. - 10- Recommendation & Findings of Fact Petitions 52-21 and 62-21 January 10, 2022 Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 11 - A Ilk Iik� far11f ® a Subject Property Petition 52-21 &62-21 "Ilk. w Highland Ave - �, F` 0 O r r \^ Mir ;-r7A tit , ie�i &.Chicago St �.. j♦` yam.-� c � � -'- ] P �f EXHIBITA Aerial/Location Map ti Map prepared by City of Elgin o 15 so so 90 120 eet Department of Community Development Dexter Ct Dexter St as Q h CF 0 c Division St A Subject Property Petition 52-21 &62-21 CF ti Legend ORC1 Residence Conservation 1 C•_'1 OA `aA QRC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation O SFR1 Single Family Residence 1 QPSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 OTRF Two Family Residence _- OPTRF Planned Two Family Residence Q MFR Multiple Family Residence St O PMFR Planned Multiple Family Residence EJO ORB Residence Business QPRB Planned Residential Business ONB Neighborhood Business - O PNB Planned Neighborhood Business AS Area Business -PAB Planned Area Business T^^ -CC1 Center City 1 1J" -CC2 Center City 2 -PCC Planned Center City ORI Office Research Industrial �. Dlupage Ct ' 1:3 PORI Planned Office Research Industrial CF N 13 GI General Industrial Nib O ®PGI Planned General Industrial O 13 Cl Commercial Industrial " 9L CF Community Facility O ®PCF Planned Community Facility Fox River EXHIBIT Zoning Map 1" Map prepared by City of Elgin 0 35 70 140 210 280 Department of Community Development Feet ----------- E Highland Ave Subject Property 107 E. Highland Ave Unit 200 Petition 52-21 &62-21 OHO 00'L 0 00� 0 Off` � 0�0 OHO h 2 ,Lg`�00 OG (0 �G N i EXHIBIT Parcel Map N A City of Elgin 0 5 10 20 30 40 Department of Community Development Feet EXHIBIT D SITE LOCATION 107 E. Highland Avenue Petitions 52-21 and 62-21 .. � .. f5 .f. i ' •� � ? 3 SUBJEC 1 . PROPERTY A. 4 a ' . !, City of Elgin ELG_IN Downtown Zoning Map Arterial Roads irsoewdmeM��sa,.en�ueoemoe:v. C 1 Distii ;l CC2 Districts � EXHIBIT D SITE LOCATION 107 E. Highland Avenue Petitions 52-21 and 62-21 .,. ""�Subject Pro # ` y -R i I i f ♦ .r f 01, Site area map with zoning overlay - .� a \. t•t '` `°�,' ,!Alf +;irk�V; r ,p�vn.on reef �. �• F'o� ri... ,ub*t ope?t Bird's eye view looking south EXHIBIT D SITE LOCATION 107 E. Highland Avenue Petitions 52-21 and 62-21 _ .•,. � � . .�}may •��-�fi+� ..'�` * / J a� oogle ;r r Building elevation along N. Grove Ave Eli L I IK ®,.� • y' s ,LN" , „ Goo le Building elevation al • • Ave