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HomeMy WebLinkAboutG26-10 Ordinance No. G26-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval for a physical fitness facility in the PAB Planned Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 5, 2010, made by the Zoning and Subdivision Hearing Board, 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 PAB Planned Area Business District at 1350 East Chicago Street and legally described as follows: That part of Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West, 10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded • to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian, in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago- Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting there from that part dedicated for public street (a portion of Philips Way) by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured • perpendicular, easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less (Property commonly known as 1350 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness, dated received March 25, 2010 and last revised April 16, 2010. 2. The physical fitness facility will be restricted to the tenant spaces at Suites 8, 9, and 10 located within the Highpoint Plaza Shopping Center at 1350 East Chicago Street. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. • 4. 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. Ed Schock, Mayor Presented: June 9 2010 Passed: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: June 10, 2010 Published: June 11, 2010r'� Attest: Diane Robertson, City Oerk • • May 5, 2010 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 07-10 Requesting a Conditional Use in the PAB Planned Area Business District, to Permit the Establishment of a Physical Fitness Facility; Property Located at 1350 East Chicago Street, by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness, as Applicant, and Dearborn Construction and Development, Ltd., as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PAB Planned Area Business District Existing Use: Vacant Commercial Tenant Space Property Location: 1350 East Chicago Street Applicant: Todd Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness Owner: Dearborn Construction and Development, Ltd. Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Photo (see attached) F. Site Photos (see attached) • G: Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 07-10 May 5, 2010 H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness, requesting a conditional use to permit the establishment of a physical fitness facility in the PAB Planned Area Business District. The subject property is located at 1350 East Chicago Street (reference Exhibits A, B, C, D, and E). The applicant is proposing to operate a physical fitness facility at the subject property. The proposed facility will occupy 3,000 square feet within three vacant tenant spaces in the Highpoint Plaza Shopping Center. The facility will operate 24 hours a day' 7 days a week. Physical fitness facilities are conditional uses in the PAB Planned Area Business District, and require a public hearing and City Council approval (reference Exhibits F, G, and H). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a • public hearing in consideration of Petition 07-10 on May 5, 2010. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated April 30, 2009. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Outside City Limits 1950: Outside City Limits 1960: Outside City Limits 1962: Outside City Limits 1992: B4 General Service Business District Present: PAB Planned Area Business District ARC Arterial Road Corridor Overlay District • The subject property was annexed and zoned B4 General Service Business District in 1988 as part of the Woodland Creek Subdivision Annexation. The subject property was `�. f Findings of Fact Zoning and Subdivision Hearing Board Petition 07-10 May 5, 2010 • rezoned to Cl Commercial Industrial District as part of the comprehensive amendment to the zoning ordinance in 1992. In 2006 it was reclassified from Cl Commercial Industrial District to PAB Planned Area Business District to provide for the development of the shopping center. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area located to the north of the subject property is zoned PRC Planned Residence Conservation District, and is improved with single family residential homes. The areas to the west and south are zoned CI Commercial Industrial District, and are improved with automobile sales and service related uses. The area to the east lies within unincorporated Cook County. and is comprised of the Commonwealth Edison right-of-way and vacant land. C. Trend of Development Standard. The suitability .of the subject property for the • intended conditional use with respect to its. consistency with an existing pattern of development or an identifiable trend of development in the area. _ Findings: The subject property is suitable for the intended conditional use with respect to the trend of development standard. The subject property is located in an area developed primarily with commercial uses with residential uses to the north. D. Zoning District Standard. The suitability. of the. subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. The purpose of the PAB Planned Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. PAB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business districts and the CC 1 Center City district. • The purpose and intent of the ARC Arterial Road Corridor Overlay district is to promote 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 07-10 May 5, 2010 and facilitate the implementation of the objectives, policies, and strategies of the city of Elgin "Comprehensive Plan." The ARC zoning district is a zoning overlay district, and accordingly, the property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. A physical fitness facility is classified as a conditional use in this PAB Planned Area Business District. The proposed business is in keeping with the intent of the PAB district. The proposed business will provide for a physical fitness facility to the surrounding area, operating 24 hours a day, 7 days a week, and will provide areas for clients to exercise and work out. The peak hours of the facility will be 6:30am-8:30am and 7:00pm-10:00pm Monday thru Friday. The average number of users of the facility during peak hours is expected to be between 12-14 persons for a total not exceeding 23 persons. Showers and locker rooms will be provided on the premises. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the 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 suitable for the intended conditional use with respect to the site characteristics standard. The subject property is comprised of a 4.57 acre commercial subdivision commonly known as High Point Plaza Shopping Center. The shopping center was developed in 2006, with a 33,000 square feet commercial building, containing 32 tenant spaces, and off-street parking. The proposed 3,000 square foot physical fitness establishment will occupy three vacant tenant spaces within the existing commercial building. 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, sanitary sewer and storm water control facilities. The design of stormwater management systems is in compliance with the Kane County Stormwater Ordinance. • 4 f Findings of Fact Zoning and Subdivision Hearing Board Petition 07-10 May 5, 2010 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 the traffic and parking standard. The subject property is located at the northwest corner of East Chicago Street and Shales Parkway and has frontage along East Chicago Street. The site has two points of access which include a right-in/right-out access drive along East Chicago Street and a full access drive along Shales Parkway. East Chicago Street is an arterial street serving the east side of Elgin. Shales Parkway is a collector street serving the neighborhoods in the vicinity of the commercial center. Off street parking is provided in conformance with the off street parking 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 subject property is designated "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated. Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed land use is in keeping with the objectives and policies of the "Highway Commercial" comprehensive plan designation. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 07-40 May 5, 2010 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. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes: Approval of the requested conditional use to establish the proposed physical fitness facility at 1350 East Chicago Street will allow the applicant to offer physical fitness services to the residents in the surrounding neighborhoods. B. Summary of Unresolved Issues. There are no unresolved issues. • C. Summary of Alternatives. Other than an approval, a denial, or an approval with some combination of conditions, there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 07-10. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was five (5) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness, dated received March 25, 2010 and last revised April 16, 2010. 2. The physical fitness facility will be restricted to the tenant spaces at Suites 8, 9, and 10 located within the Highpoint Plaza Shopping Center at 1350 East Chicago Street. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. 6 1 ' Findings of Fact Zoning and Subdivision Hearing Board Petition 07-10 May 5, 2010 Therefore, the motion to recommend approval of Petition 07-10 was adopted. s/ Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Denise Momodu Denise Momodu, Secretary Zoning and Subdivision Hearing Board 7.