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HomeMy WebLinkAboutG21-19 Ordinance No. G21-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY (24 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 24 Tyler Creek Plaza; and WHEREAS, the zoning lot with the building containing the premises at 24 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 physical fitness facility is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on May 6, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 May 6, 2019, and the recommendations made by the Community Development Department and the Planning&Zoning Commission,a copy of which is attached he1-eto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a physical fitness facility is hereby granted for the property commonly known as 24 Tyler Creek Plaza, which is part of the property commonly identified by Kane County Property Identification Numbers (PINs) 06-03-376-016, 06-03-376- 017, and 06-03-376-020, and legally described as follows: LOTS 3, 4, 5 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 1OULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EAS ERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRI$ED 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 Marcus Banner d/b/a Our Neighborhoods Empowered, as applicant, and J & J Covina LLC, as property owner, received April 3, 2019 and supporting documents including: a. Undated Statement of Purpose and Conformance from Our eighborhoods Empowered, dated received April 18, 2019; b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2 02; c. Undated Proposed Floor Plan, received April 3, 2019, with such fu her revisions as required by the Community Development Director; and d. Undated Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019; In the event of any conflict between such documents and the terms of thi• ordinance or other applicable city ordinances, the terms of this ordinance or other a.plicable city ordinances shall supersede and control. 2 2. This grant of conditional use is limited to Tenant Space 24 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019. 3. The information center to be used as the computer lab and after school programming is limited to 10 percent of the total floor area of the physical fitness facility. 4. All exterior street graphics must comply with the zoning ordinance requirements. 5. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its assage in the manner provided by law. if David J. Ka. ain ayor Presented: June 12, 2019 Passed: June 12, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2019 Published: June 14, 2019 1 , O F E S C Attest .G: '� I a. -7. Nallir 01 Ilii Kimberly Dewis, ity Clerk o-. •.,4 ; 3 EXHIBIT A May 6, 2019 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 16-19, an application by Our Neighborhoods Empowered, as applicant, and J&J Covina LLC,as property owner,who are requesting a conditional use to establish a physical fitness facility at 24 Tyler Creek Plaza. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 16-19 Property Location: 24 Tyler Creek Plaza Requested Action: Conditional Use Current Zoning: AB Area Business District& ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District& ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial storefront Proposed Use: Physical fitness facility(boxing and mixed martial arts) Applicant: Our Neighborhoods Empowered Owner J&J Covina, LLC Staff Coordinator: Denise Momodu,Associate Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map Recommendation& Findings of Fact Petition 16-19 May 6, 2019 C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Our Neighborhoods Empowered, as applicant, and J & J Covina LLC, as property owner, are requesting a conditional use to establish a physical fitness facility at the property commonly referred to as 24 Tyler Creek Plaza. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. 24 Tyler Creek Plaza is a vacant 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 8,450-square foot commercial space is located immediately north of the existing Butera food store. The location of this tenant space, at the back of the shopping center and away from Big Timber and N. McLean Boulevard,makes it less-desirable for typical retail uses that rely on a high degree of visibility. Tyler Creek Shopping Center consists of 20 commercial tenant spaces in five buildings with 433 parking spaces.The largest tenants are Butera food store and First Community Bank.Other tenants include various retail service uses and restaurants, such as Dunkin Donuts, Dairy Queen, and Rosati's Pizza. Five commercial tenant spaces are currently vacant. The applicant is proposing to establish a new physical fitness facility that would offer boxing, mixed martial arts, and personal fitness training. The applicant is not proposing any exterior changes to the ov tr ` lhoil•oelf 1Lctri L I F Q t7aQL7 u t1 O ua (] r rl s Fw n 1-ksy R-44. mach.A r f Tr¢�el11 f4 c415 _ a F 1 4 3 3 • Proposed Floor Plan - 2 - Recommendation & Findings of Fact Petition 16-19 May 6, 2019 building except for new signage, which would meet the zoning ordinance requirements. Only minor (cosmetic)interior renovations are required to accommodate the proposed use.The existing space was previously occupied by a physical fitness facility,and the men's and women's locker rooms still remain. A small,450-square foot computer lab containing up to 25 computers would also be established in the front of the space to serve as an information center for the members. The proposed hours of operation would be 3:00pm- 10:00pm Monday through Friday, and 9:00am- 9:00pm Saturdays and Sundays.The peak times are anticipated during the week from 3:30pm-7:30pm. The total number of employees at peak times would be five. Other services such as limited after- school programing and sparring events for students to showcase their skills would be provided during normal business hours.The after-school programing offered in the computer lab at the front of the tenant space would take less than 10 percent of the facility floor area and is considered accessory to the fitness facility. The proposed physical fitness facility is listed as a conditional use in the AB Area Business 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: 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 four 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, the subject property. In 2014, Ordinance No. G16-14 granted conditional use approval for accessory package liquor sales at 20 Tyler Creek Plaza(Butera food store), and Ordinance No. G49-14 granted conditional use approval for a physical fitness facility at 40 Tyler Creek Plaza. In 2018,Ordinance G28-18 granted a conditional use for a church at 28 Tyler Creek Plaza. 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. - 3 - Recommendation & Findings of Fact Petition 16-19 May 6, 2019 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. 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"Neighborhood Commercial" by the City's 2018 Comprehensive Plan. The neighborhood commercial land uses provide goods and services to local residents and serve day-to-day needs.Uses may include grocery stores,professional offices, retail shops, and local services providers. Development within neighborhood commercial areas should be compatible with and reflect the scale and character of the surrounding neighborhood. Mixed-use development should be encouraged within neighborhood commercial areas. D. Zoning District. The purpose and intent of the AB Area Business District is to provide commodities and services to several neighborhoods,and in some instances to a community- wide 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 CC1 Center City District. E. Trend of Development. The subject property is located within the Tyler Creek Plaza shopping center constructed in 1984. There have not been any significant new developments in the immediate area in recent years. 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 current 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 16-19 on May 6, 2019. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a -4 - Recommendation & Findings of Fact Petition 16-19 May 6, 2019 Development Application Review and Written Findings & Recommendation to the Planning & Zoning Commission dated May 6, 2019. 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: 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. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use.The proposed physical fitness facility would occupy an existing, 8,450-square foot, vacant commercial space at the back of a multi-tenant shopping center. The applicant is not proposing to make any exterior changes to the building,and only minor improvements on the interior to accommodate the new 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 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. - 5 - Recommendation& Findings of Fact Petition 16-19 May 6, 2019 The existing multi-tenant shopping center is partially occupied. The existing tenants are a mix of retail uses including Butera food store, Elgin State Bank, and various restaurants • including Rosati's Pizza, Dairy Queen Store, and Dunkin' Donuts. All tenants in the shopping center enjoy cross-parking and cross-access easement rights. A physical fitness facility is required to provide one parking spaces per four clients per class during peak time,plus one parking space per employee during the peak time. Based on the proposed layout and the operation, the proposed 8,450-square foot physical fitness • facility is required to provide a total of 11 parking spaces. With the proposed physical fitness facility, and based on the existing mix of uses on the property, the shopping center is required to provide a total of 424 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. All business activities will be conducted on the interior of the commercial space. The hours of operation would be consistent with those of surrounding businesses.The proposed hours of operation would be 3:00 pm- 10:00 pm Monday through Friday and 9:00 am - 9:00 pm Saturdays and Sundays. The peak times are anticipated during the week from 3:30 pm- 7:30 pm. Other services such as after school programing limited to the information center and sparring events for students to showcase their skills would be provided during normal business hours. Adequate parking would be available during all times of operation, including the weekday afternoon peak times. The applicant is not proposing to make any exterior changes to the building. 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. In fact,the proposed use will bring additional visitors to the shopping center which may result in increased business activity at the existing restaurants and retail shops. 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. - 6 - Recommendation & Findings of Fact Petition 16-19 May 6, 2019 RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 16-19, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Marcus Banner d/b/a Our Neighborhoods Empowered, as applicant, and J & J Covina LLC, as property owner, received April 3, 2019 and supporting documents including: a. Undated Statement of Purpose and Conformance from Our Neighborhoods Empowered, dated received April 18, 2019; b. Plat of Survey, prepared by Alan J. Coulson, P.C.,dated March 7, 2002; c. Undated Proposed Floor Plan, received April 3, 2019, with such further revisions as required by the Community Development Director; and d. Undated Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019. 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. This grant of conditional use is limited to Tenant Space 24 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received April 4, 2019. 3. The information center to be used as the computer lab and for after-school programming is limited to 10 percent of the total floor area of the physical fitness facility. 4. All exterior street graphics must comply with the zoning ordinance requirements. 5. 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 six (6)yes,zero(0)no, and zero (0) abstentions. One member was absent. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning &Zoning Commission - 7 - Recommendation& Findings of Fact Petition 16-19 May 6, 2019 s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 8 - _illi to E \\(6.\\ erg' � � { °'� ,--.: ,, _I. i r. 45 r . . i ..i 0 , , . . ..„ .. ., . ...„. .. `,, `". 'ale * . •, i,. .� � ,,.re - q � . Oa Subject Property Petition 16-19 L � IlltlIl i:- :: ,.. . ,{ r ., Byron Dr -4,„i • , r .. ...r . _ . ,iit „wimp .,..„,_.....„,„ , ,.,,,,. . .. . ....,....,.. AI * • I F fr Lb 1 .., �'• , ___r.., : •• . i . / _�� �,� moi'. .r# 11 G I ...mg. ' - I . i ...... elf- E rt's R ; • • Big Timber Rd it Timber Dr • I lir1 I' 1 EXHIBIT Aerial/Location Map N I W-411- E r Map prepared by City of Elgin 0 40 80 160 240 320 Department of Community Development Feet ry \ !\ c \ Subject Property PMFR Petition 16-19 � I • RC Byron Dr Of AB Legend ORC1 Residence Conservation 1 RC2 Residence Conservation 2 RC3 Residence Conservation 3 PRC Planned Residence Conservation OSFR1 Single Family Residence 1 CO O PSFR1 Planned Single Family Residence 1 OSFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 Big Timber Rd TRF Two Family Residence PTRF Planned Two Family Residence ®MFR Multiple Family Residence PMFR Planned Multiple Family Residence Timber Dr QRB Residence Business O PRB Planned Residential Business -NB Neighborhood Business -PNB Planned Neighborhood Business AB Area Business PAB Planned Area Business CC1 Center City 1 CC2 Center City 2 PCC Planned Center City ORI Office Research Industrial -PORI Planned Office Research Industrial -GI General Industrial PGI Planned General Industrial CI Commercial Industrial , CF Community Facility 4 PCF Planned Community Facility I l GIS.DBO.FoxRiver EXHIBITS Zoning Map • W - E Map prepared by City of Elgin 0 55 110 220 330 440 Department of Community Development Feet i Subject Property 24 Tyler Creek Plz Petition 16-19 3 co Byron Dr m z Oo Z Q 0603376016 Tyler Creek Plz ' 0603376017 J o O m 0603376020 Big Timber Rd 1 EXHIBITC Parcel Map A ACity of Elgin Department of Community Development 0 30 60 120 180 240 Feet EXHIBIT D SITE LOCATION 24 Tyler Creek Plaza Petition 16-19 :/lifinigrlaallitt t. ■ • Tyler Creek Plaza •/ , f Shopping Center , a _ .� .1---. _ ' .. , 5 - " - --- ' A. ` 0 11 i *M_ t F _„ . .fir ti,.. ' •t�..'f. mow _ ti de i' 11, Bird's Eye View Looking North Location of 24 Tyler Creek Plaza Unit .- . ,- .--., -c- y . . "fi dl ' hr\ k ..". ' -ter s .yF. 7 � v► Y w r _ A. ma _ imilr.. k � M _ tat S _ Shopping Center , ` '"I-, Bird's Eye View Looking South EXHIBIT D • SITE LOCATION 24 Tyler Creek Plaza Petition 16-19 II t • ogle; v .-' t +.. r ■ z a. - - -._ - ter. t ! , Lir ....it Mk t e _.w+J ` x-, ^� ` ,�> '`.4 - i 4- + 4_ ; t ."sem . . . .. ' r .■r 1. i Bird's Eye View Looking East I - ,f 1 a ram,. hualli Existing Front Elevation: 24 Tyler Creek Plaza This page has intentionally been left blank.