HomeMy WebLinkAboutG42-14 Ordinance No. G42-14
AN ORDINANCE
GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF
A PHYSCIAL FITNESS FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(726 West Chicago Street)
WHEREAS, written application has been made requesting conditional use approval to
permit the establishment of a physical fitness facility in the NB Neighborhood Business District
at 726 West Chicago Street; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing after due
notice by publication and has submitted its Findings of Fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendation of the Planning and Zoning Commission.
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 July 7, 2014, made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a physical fitness
facility in the NB Neighborhood Business District at 726 West Chicago Street, and legally
described as follows:
PARCEL 1:
THE WESTERLY 50 FEET OF LOT 12 IN BLOCK II (TWO) OF BOSWORTH'S
ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL 2
THE SOUTHERLY 100.0 FEET OF THE WESTERLY 146.00 FEET AND THE
EASTERLY 158 FEET OF THE SOUTHERLY 270 FEET OF THE FOLLOWING
DESCRIBED PROPERTY, TAKEN AS A TRACT, TO WIT: THAT PART OF THE
SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: PART OF LOT
CXV OF COUNTY CLERK'S SUBDIVISION OF THE CITY OF ELGIN, AND PART
OF LOT 3 IN BLOCK 2 OF S. WILCOX'S ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS: STARTING AT THE NORTHWEST CORNER OF SAID LOT 3;
THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 3 AND THE
NORTHERLY LINE OF LOT 3 EXTENDED 125 FEET; THENCE SOUTH
PARALLEL WITH THE WEST LINE OF SAID LOT 3, 50 FEET; THENCE
WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE
WEST LINE THEREOF; THENCE NORTHERLY ON THE WEST LINE OF SAID
LOT 3 TO THE PLACE OF BEGINNING.
ALSO
PART OF LOTS 2 AND 3 IN BLOCK 2 OF S. WILCOX'S ADDITION TO ELGIN,
AND PART OF LOT CXV OF COUNTY CLERK'S SUBDIVISION OF THE CITY OF
ELGIN, DESCRIBED AS FOLLOWS: STARTING AT A POINT IN THE WEST LINE
OF SAID LOT 3, 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 3 AND THE
NORTHERLY LINE OF SAID LOT 3 EXTENDED 125 FEET; THENCE
SOUTHERLY PARALLEL WITH THE WESTERLY LINES OF SAID LOTS 2 AND
3, 50 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT
3, 125 FEET TO THE WESTERLY LINE OF LOT 2; THENCE NORTHERLY ON
THE WESTERLY LINES OF LOTS 2 AND 3, 50 FEET TO THE PLACE OF
BEGINNING, (EXCEPTING THEREFROM THE FOLLOWING PORTION: THE
NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 14 FEET OF
THE WEST 85 FEET OF LOT 3, ALL IN BLOCK 2 OF WILCOX'S ADDITION TO
THE CITY OF ELGIN), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF LOTS 1 AND 2 IN BLOCK II (TWO) OF S. WILCOX ADDITION
TO ELGIN, AND PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 2,
34 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST
PARALLEL WITH THE NORTH LINE AND NORTH LINE EXTENDED OF SAID
LOT 2, 125 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID
LOTS 2 AND 1, 50 FEET; THENCE WEST PARALLEL WITH THE EXTENSION OF
AND THE NORTH LINE OF SAID LOT 2, 125 FEET TO THE WEST LINE OF SAID
LOT 1; THENCE NORTH ALONG THE WEST LINE OF SAID LOTS 1 AND 2, 50
FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
ALSO
THE NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 14
FEET OF THE WEST 85 FEET OF LOT 3, IN BLOCK II (TWO) OF S. WILCOX
ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO
BLOCK 1 AND LOT 1 (EXCEPT THE NORTHERLY 18 FEET) IN BLOCK II (TWO)
OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14; THENCE
WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 10.90 CHAINS;
THENCE SOUTH TO THE NORTHERLY LINE OF BRIDGE STREET FOR A POINT
OF BEGINNING; THENCE WESTERLY ALONG THE NORTHERLY LINE OF
BRIDGE STREET 105 FEET TO ITS INTERSECTION WITH THE SOUTHERLY
LINE OF BLOCK 1 OF S. WILCOX ADDITION To ELGIN, AFORESAID; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK, 114 FEET TO THE
SOUTHEAST CORNER OF SAID BLOCK; THENCE SOUTHERLY 24 FEET TO
THE POINT OF BEGINNING.
ALSO
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP AND
RANGE AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 14; THENCE WEST ALONG THE NORTH LINE OF
SAID SOUTHWEST 1/4 10.90 CHAINS; THENCE SOUTH TO THE NORTHEAST
CORNER OF BLOCK 1 OF S. WILCOX ADDITION TO ELGIN, AFORESAID, FOR
A POINT OF BEGINNING; THENCE WEST ALONG THE NORTH LINE OF SAID
BLOCK 201 FEET 11 INCHES TO THE SOUTHEAST CORNER OF LOT 1 IN
BLOCK II (TWO) OF SAID S. WILCOX ADDITION; THENCE NORTH ALONG
THE EAST LINE OF SAID LOT 1, 48 FEET TO A POINT 18 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID LOT 1; THENCE EAST PARALLEL WITH THE
NORTH LINE OF SAID LOT 1 EXTENDED 26 FEET TO A LINE DRAWN
PARALLEL WITH AND 125 FEET EAST OF THE WEST LINE OF LOTS 1, 2 AND 3
(MEASURED ALONG THE NORTH LINE OF SAID LOT 1 EXTENDED); THENCE
NORTH ON SAID PARALLEL LINE TO A POINT 2.98 1/2 CHAINS NORTH OF
THE NORTH LINE OF BLOCK 1 AFORESAID; THENCE EAST PARALLEL WITH
THE NORTH LINE OF SAID BLOCK 1 TO THE WEST LINE OF THE TRACT OF
LAND CONVEYED TO WM. C. KIMBALL BY DEED DATED SEPTEMBER 14,
1846, AND RECORDED JANUARY 18, 1859, IN BOOK 56, PAGE 508; THENCE
SOUTH 2.98 1/2 CHAINS TO THE POINT OF BEGINNING, EXCEPTING FROM
THE AFORE-DESCRIBED PARCELS TAKEN AS A TRACT THE NORTH 151.00
FEET OF THE WESTERLY 130.00 FEET THEREOF, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS. CHAINS NORTH OF THE NORTH LINE OF BLOCK 1
AFORESAID; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
BLOCK 1 TO THE WEST LINE OF THE TRACT OF LAND CONVEYED TO WM.
C. KIMBALL BY DEED DATED SEPTEMBER 14, 1846, AND RECORDED
JANUARY 18, 1859, IN BOOK 56, PAGE 508; THENCE SOUTH 2.98 1/2 CHAINS
TO THE POINT OF BEGINNING, EXCEPTING FROM THE AFORE-DESCRIBED
PARCELS TAKEN AS A TRACT THE NORTH 151.00 FEET OF THE WESTERLY
130.00 FEET THEREOF, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
(Property commonly known as 726 West Chicago Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Barbara Maring as applicant and Noel and Tammy Maring and the
Barbara F. Maring Trust as owner, dated received June 16, 2014. In the event of any conflict
between such Statement of Purpose and Conformance and this ordinance or other applicable city
ordinances,this ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the "Tenant Space" exhibit submitted by Barbara
Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner
dated received June 16, 2014.
3. Substantial conformance to "Plat of Survey" submitted by Barbara Maring as
applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated received
June 16, 2014.
4. Substantial conformance to the "Parking Layout" exhibit submitted by Barbara
Maring as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner
dated received June 16, 2014.
5. Substantial conformance to the "Rent Roll" exhibit submitted by Barbara Maring
as applicant and Noel and Tammy Maring and the Barbara F. Maring Trust as owner dated
received June 16, 2014.
6. The physical fitness facility will be restricted to 726 West Chicago Street located
within the Oak Tree Shopping Plaza.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
8. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
4.AO!. 0/ isT.
David J. Ka.fn, f or
Presented: August 13, 2014 ,cy OF E,
Passed: August 13, 2014 Ci Cit
Omnibus Vote: Yeas: 8 Nays: 0 0 ,5
Recorded: August 13, 2014s
Published: August 15, 2014 67:61—
T \I111
Attest: op
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Kimberly Dewis, Ci Clerk
July 7,2014
PLANNING & ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
( onlmuni1 I)cNclopnlcnt Department ( II' of 1112111. II.
OVERVIEW
Barbara Maring requests Conditional Use Approval to Establish a Physical Fitness Facility
within a NB Neighborhood Business District. The Property is Located at 726 West Chicago
Street.
GENERAL INFORMATION
Petition Number 28-14
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report(See Recommendation Detail)
Applicant: Barbara Maring
History: After due notice as required by law,the Planning&Zoning
Commission held a public hearing and considered Petition 28-14
on July 7, 2014. The applicant submitted a Statement of Purpose
and Conformance dated received June 16, 2014 and testified at the
public hearing.
Staff Coordinator: Dave Waden, Senior Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance, Application
F. Draft Conditional Use Ordinance
BACKGROUND & PROJECT DETAIL
The proposed physical fitness facility at 726 West Chicago Street will be the new location of
Mariana Delgado's Zumba studio that was previously located at 730 A West Chicago Street. A
Conditional Use for the Zumba studio was approved by the city council in April of 2012. The
Exhibit A
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 28-14 July 7, 2014
relocation of the Zumba studio is taking place due to the expansion of the Integrity School of
Dance which will take over the tenant space at 730 A West Chicago. The Zumba studio will look
to occupy approximately 1,700 square feet of vacant commercial space north of Mel's Pizza
(726 West Chicago) within the Oak Tree Shopping Plaza.
The Zumba studio will be open Monday thru Friday from 8:30 am to 10:30 am and from 5:00 pm
to 9:00 pm as well as on Saturday from 8:00 am to 10:00 am. They will be conducting aerobic
classes in the form of"Zumba" classes. In addition to the aerobic classes, beauty presentations
and wellness workshops will be held on Saturday mornings. They are expecting approximately
10 to 15 people to attend per class.
The land use is classified as a conditional use in this NB Neighborhood Business District and as
such, requires conditional use approval through the public hearing process and city council
approval.
STANDARDS FOR CONDITIONAL USES
In the review of their packet material, which is a part of the record of the July 7, 2014 public
hearing, and during their discussion during the same public hearing, Planning & Zoning
Commission members considered the following standards for conditional uses:
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 comprised of a 1.45 acre commercial subdivision
commonly known as Oak Tree Plaza. The shopping center was developed in 1965, with
a 19,000 square feet commercial building, containing 12 tenant spaces, and surface
parking lot. The proposed 1,700 square foot physical fitness facility will occupy one
vacant tenant space within the existing shopping center.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the sewer and water standard. The subject property is served by municipal water and
sanitary sewer.
C. Traffic and Parking Standard. The availability 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
2
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 28-14 July 7, 2014
the traffic and parking standard. The subject property is located at the northwest corner of
West Chicago Street and Union Street. The site has an access drive off of West Chicago
Street and an access drive off of Union Street.
West Chicago Street is a collector street serving the west side of Elgin. Union Street is a
local street serving the neighborhoods in the vicinity of the commercial center.
Off street parking is provided in conformance with the zoning ordinance.
D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard. The proposed use meets the comprehensive plan
standard.Neighborhood Mixed Use Centers are designed to meet the daily"convenience"
goods and service needs of residents in immediately adjacent neighborhoods. Their size
would not generally exceed 10 to 30 acres, and would include a mix of small scale
retail/service uses, a neighborhood park, and possibly an institutional use such as a
church or elementary school. Access is generally from local and collector streets. Too
numerous to indicate on the Land Use Plan Map (except for existing locations),
neighborhood mixed use centers should be specifically located and mapped in the course
of more focused planning efforts and development review.
E. 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 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. No evidence has been submitted or found that the proposed conditional
use will be located, designed, or operated in a manner that will exercise undue
detrimental influence on itself or surrounding property.
F. 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 not located within a
historic district nor is it a historic landmark.
3
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 28-14 July 7, 2014
RECOMMENDATION DETAIL
On a motion to recommend approval of Petition 28-14, the Planning & Zoning Commission
voted six(6)yes, zero (0) no.
If the city council was to approve Petition 28-14,the following conditions would be appropriate:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Barbara Maring as applicant and Noel & Tammy
Maring and the Barbara F. Maring Trust as owner, dated received June 16, 2014.
2. Substantial conformance to the "Tenant Space" exhibit submitted by Barbara
Maring as applicant and Noel & Tammy Maring and the Barbara F. Maring Trust
as owner dated received June 16, 2014.
3. Substantial conformance to "Plat of Survey" submitted by Barbara Maring as
applicant and Noel & Tammy Maring and the Barbara F. Maring Trust as owner
dated received June 16, 2014.
4. Substantial conformance to the "Parking Layout" exhibit submitted by Barbara
Maring as applicant and Noel & Tammy Maring and the Barbara F. Maring Trust
as owner dated received June 16, 2014.
5. Substantial conformance to the "Rent Roll" exhibit submitted by Barbara Maring
as applicant and Noel & Tammy Maring and the Barbara F. Maring Trust as
owner dated received June 16, 2014.
6. The physical fitness facility will be restricted to 726 West Chicago Street located
within the Oak Tree Shopping Plaza.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
8. Compliance with all applicable codes and ordinances.
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning &Zoning Commission
s/Denise Momodu
Denise Momodu, Secretary
Planning& Zoning Commission
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EXHBIITA Aerial/Location Map N
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City of Elgin 0 25 50 100 150 200
Department of Community Development Feet
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Legend
Residence Conservation 1 •
Residence Conservation 2 ,_ '
Residence Conservation 3 •
Planned Residence Conservation - I -.
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Single Family Residence 111
Single Family Residence 2 •
Planned Single Family Residence 2 H3
Two Family Residence '-"--
Multiple Family Residence _ - _-Planned Multiple Family Residence Chicago
Residence Business
Planned Residential Business - -
Neighborhood Business ��
Planned Neighborhood Business
Area Business
Planned Area Business - _ __
Center City 1
Center City 2
Planned Center CityI
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Office Research Industrial MI
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Planned Office Research Industrial 41
General Industrial •CPlanned General Industrial Cl):NM
Commercial Industrial
Planned Community Facility
Community Facility
Fox River Preservation
Planned Center City 2
Planned Single Family Residence 1
MI
Planned Two Family Residence
EXHIBIT B Zoning Map N
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City of Elgin 0 25 50 100 150 200
Department of Community Development Feet
Subject Property
Petition 28-14
06-14-328-044
Chicago
Location Map 726 W. Chicago St.
Elgin, Illinois
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SITE LOCATION EXHIBIT
726 West Chicago Street
Petition 28-14
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SITE LOCATION EXHIBIT
726 West Chicago Street
Petition 28-14
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