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HomeMy WebLinkAboutG39-13 Ordinance No. G39-13 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR AND ART GALLERY IN THE CC CENTER CITY DISTRICT (73 South Grove Avenue) WHEREAS, written application has been made requesting conditional use approval for the establishment of a tattoo parlor and art gallery in the CC Center City District; and WHEREAS, the Planning & 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 & 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 August 5, 2013, made by the Planning & 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 tattoo parlor and art gallery in the CC 1 Center City District at 73 South Grove Avenue, and legally described as follows: That part of lot 3 in block 14 of the original town of elgin on the east side of fox river, described as follows: commencing on the east line of grove avenue at a point 22 feet along said line from the center line of the party wall of south side of Beckwith building (being also 75 feet 9 inches from the south end of said lot as per the new building erected by G.E. Daniels); thence northeasterly on a straight line to the west line of spring street at a point distant south along said line 22 feet from the north corner of Grote and Waldron's tract, said corner being also the southeast corner of the Beckwith lot, thence south along said line 22 feet to the north corner of the Gould lot, formerly Daniel's thence westerly along the north line of Gould lot about 44 feet to the east line of grove avenue; thence northwesterly along said line 22 feet to the east line of grove avenue; thence northwesterly along said line 22 feet to the point of beginning, in the city of elgin, Kane county, Illinois. (Property commonly known as 73 South Grove Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. In the event of any conflict between such documents and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 2. Substantial conformance to the Floor Plan, submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. In the event of any conflict between such document and the provisions of this ordinance or any other applicable city ordinance, the provisions of this ordinance or other applicable city ordinance shall supersede and control. 3. The tattoo parlor and art gallery will be restricted to the first floor of the tenant space located at 73 South Grove Avenue as depicted on the exhibit described in item 2 of this section. 4. The first floor tenant space at 73 South Grove Avenue shall not be occupied by more than 18 persons, that number being the maximum occupant load per the 2012 International Building Code. 5. The property owner shall commence the rehabilitation of the exterior facades of the building no later than 18 months from the date of this conditional use approval. The scope of the project shall encompass the facades of the building facing Grove Avenue and Spring Street and include but not be limited to the rehabilitation of the street level storefronts, entryways, and second-floor windows per the requirements of the city's Facade Improvement Program. The rehabilitation work shall be completed no later than 24 months from the date of this conditional use approval. 6. 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. "David J. Ka in, ayor Presented: September 11, 2013 Passed: September 11, 2013 Vote: Yeas: 8 Nays: 1 Recorded: September 11, 2013 Published: September 13, 2013as Attes L&C Kimberly Dewis, City Cler August 5, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT City ot'Elgin, 11, OVERVIEW Sarah Mooney and Manuel Napoles request approval of a conditional use to establish a tattoo parlor and an art gallery at 73 South Grove Avenue. GENERAL INFORMATION Petition Number: 23-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report (See Recommendation Detail) Applicant: Sarah Mooney& Manuel Na_poles History: After due notice as required by law, the Planning& Zoning Commission held a public hearing and considered Petition 23-13 on August 5,2013.The applicants submitted a Statement of Purpose Conformance dated received June 19,2013 and testified at the public hearing Staff Coordinator: Denise Momodu Associate 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 Sarah Mooney and Manuel Napoles are requesting conditional use approval to operate a tattoo parlor and an art gallery at 73 South Grove Avenue in downtown Elgin. The husband and wife team are both artists with backgrounds in fine arts such as painting, drawing and sculpture. The proposed business will occupy about 1,080 square feet of tenant space and will operate Tuesday through Saturday from 12:00 p.m.to 9:00 pm and Sunday from 12:00 p.m.to 4:00 p.m. The art gallery will Exhibit A Recommendation &Findings of Fact Planning& Zoning Commission Petition 23-13 August 5, 2013 have a showing every 2-3 months, in the evenings from 5:00 pm to 9:00 pm. The Building & Development Manager determined that the total maximum occupant load of the proposed art gallery space would be 18 persons. Tattoo parlors and art galleries are conditional uses in the CC 1 Center City District and require a public hearing and City Council approval. FINDINGS OF FACT The Planning and Zoning Commission 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. The subject property was originally classified as E Commercial District in 1927. The property was reclassified to B2 Central Business District in 1962. In 1992,the property was reclassified to CC 1 Center City District as part of a comprehensive amendment to the zoning ordinance. 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 areas surrounding the subject property are zoned CC 1 Center City District and developed with a mix of residential, office, commercial, and retail. 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 within the core of downtown Elgin that has developed with a mix of commercial,retail,restaurants, and residential uses. D. Zoning District Standard. The suitability of the subject property for the intended 2 Recommendation & Findings of Fact Planning& Zoning Commission Petition 23-13 August 5, 2013 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 CC 1 Center City District is to facilitate the implementation of the official comprehensive plan for the center city,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. The Planning&Zoning Commission has made the following findings concerning the standards for conditional uses: E. 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 proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property contains approximately 1,091 square feet of land, and the building encompasses the entire lot. F. 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 systems. G. 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. 3 Recommendation & Findings of Fact Planning& Zoning Commission Petition 23-13 August 5, 2013 The subject property fronts onto South Grove Avenue and Spring Street, which are local streets serving downtown Elgin, east of the Fox River. The zoning ordinance does not require off-street parking for businesses located in the CC 1 Center City Districts.The city's 500-space parking garage on Fulton Street is located within 800 feet of the property. H. 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 as "Community Mixed Use Center" by the City's Comprehensive Plan and Design Guidelines dated 2005. Downtown Elgin functions as a unique community mixed use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential (30+ dwelling units per acre), employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. The proposed land uses are in keeping with the objectives and policies of this comprehensive plan designation. I. 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. 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. J. 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.The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not designated as a historic landmark nor is it located within a 4 Recommendation & Findings of Fact Planning& Zoning Commission Petition 23-13 August 5, 2013 historic district. The property owners have agreed to pursue a facade improvement grant to return the storefront and second story windows on the building facade facing Grove Avenue back to their original configuration. RECOMMENDATION DETAIL By a vote of three(3)yes,one(1)no,the Planning&Zoning Commission recommends the approval of Petition 23-13, subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. 2. Substantial conformance to the Floor Plan,submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013. 3. The tattoo parlor and art gallery will be restricted to the first floor of the tenant space located at 73 South Grove Avenue. 4. The maximum occupant load for 73 South Grove Avenue per the 2012 International Building Code for the art gallery space shall be 18 people. 5. The scope of work to the facade of the building facing Grove Avenue and potential participation in a city Facade Improvement Program shall commence no later than 18 months and be completed no later than twenty-four months from the date of receipt of a conditional use approval. 6. Compliance with all applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 23-13 was adopted. s/ Robert Siliestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission 5