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Home My WebLink AboutG49-14 a . Ordinance No. G49-14 AN ORDINANCE GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A PHYSCIAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT (40 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to permit the establishment of a physical fitness facility in the AB Area Business District at 40 Tyler Creek Plaza; 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 4, 2014, 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 physical fitness facility in the AB Area Business District at 40 Tyler Creek Plaza, and legally described as follows: PARCEL ONE: Lots 3, 4, 5 and 6 in Tyler Creek Plaza Subdivision, bring a subdivision of part of the Eat half of the Southwest Quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded August 24, 1983 as Document No. 1650586 with the Recorder of Kane County, Illinois. PARCEL TWO: Easement for ingress and egress and parking for benefit of Parcel One as created by the described in Declaration Document 1650587 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 Boulevard 882.12 feet from the place of beginning: thence Easterly and parallel with the center line of Big Timber Road 405.44 feet: thence Southerly at right angles to the last described course 395.00 feet to a point on the North e , line of Tyler Creek Plaza Subdivision: Thence Westerly along said center line 395.05 feet to the place of beginning, ( except part in McLean Boulevard), in the City of Elgin, Kane County, Illinois. (Property commonly known as 40 Tyler Creek Plaza). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner, dated received June 18, 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 "Existing Floor Plan" exhibit submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June 18, 2014. 3. Substantial conformance to "Plat of Survey" submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June 18, 2014. 4. The physical fitness facility will be restricted to 40 Tyler Creek Plaza located within the Tyler Creek Shopping Plaza. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 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. 1i /iii hhi� i avid J. Kapta." M. r - 2 - Presented: September 10, 2014 ,••.GN11 .oF Passed: September 10, 2014 ,4% Omnibus Vote: Yeas: 9 Nays: 0 X ,_ .. Recorded: September 10, 2014 n w kl Published: September 12, 2014 . , V' Attest: f 1 t t ,��4': iDel-6%•46 Kimberly Dewis, Ci y Clerk - 3 - August 4, 2014 PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community I)ev'elopment Department Cit■ of Elgin, IL OVERVIEW Kim Stover requests Conditional Use Approval to Establish a Physical Fitness Facility within an AB Area Business District. The Property is Located at 40 Tyler Creek Plaza. GENERAL INFORMATION Petition Number 30-14 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this report(See Recommendation Detail) Applicant: Kim Stover History: After due notice as required by law,the Planning&Zoning Commission held a public hearing and considered Petition 30-14 on August 4,2014. The applicant submitted a Statement of Purpose and Conformance dated received June 18, 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 applicant submitted a business occupancy for a physical fitness facility located at 40 Tyler Creek Plaza in June of 2013 and in July of that same year was denied, the applicant was informed that a conditional use was required to open up the proposed business. A property maintenance case was created and a notice was sent out March 20, 2014 to both the applicant and Exhibit A Recommendation & Findings of Fact Planning& Zoning Commission Petition 30-14 August 4, 2014 property management company advising both parties that a certificate of occupancy is required and must be obtained within the next 30 days. Since the notification was sent out, the applicant has submitted a development application for conditional use approval which was received by staff on June 18, 2014. The physical fitness facility currently occupies approximately 1,102 square feet of tenant space in the Tyler Creek Shopping Plaza. The applicant is teaching Zumba fitness and other cardio dance classes at said location. The hours of operation are 9:00 am to 12:30 pm and from 5:00 pm to 9:00 pm Monday through Friday. Saturday's from 7:00 am to 10:00 am and Sunday's from 9:30 am to 10:30 am. The average class size on Saturday morning is approximately 22 clients while the other classes held during the week average approximately 10 clients. In most cases only one instructor is present for the dance/fitness classes. The land use is classified as a conditional use in this AB Area 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 nearing, 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 proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property is an irregular shaped parcel containing approximately 1.53 acres of land. There are no significant features at the site. The subject property consists of an approximate 8,500 square foot commercial building with multiple tenants and a shared surface parking lot. 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. 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 30-14 August 4, 2014 Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property has a shared access point off of North McLean Boulevard into the subject property and 3 access points off of Big Timber Road into the property. Both streets are classified as arterials serving the west side of Elgin. 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 proposed use meets the comprehensive plan standard. The subject property is designated "Highway Commercial" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves 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 this 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.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 30-14 August 4, 2014 RECOMMENDATION DETAIL On a motion to recommend approval of Petition 30-14, the Planning & Zoning Commission voted seven(7) yes,zero (0) no. If the city council was to approve Petition30-14,the following conditions would be appropriate: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Kim Stover as applicant and BMO Reo-II Retail LLC as owner, dated received June 18, 2014. 2. Substantial conformance to the "Existing Floor Plan" exhibit submitted by Kim Stover applicant and BMO Reo-I1 Retail LLC as owner dated received June 18, 2014. 3. Substantial conformance to "Plat of Survey" submitted by Kim Stover as applicant and BMO Reo-I1 Retail LLC as owner dated received June 18, 2014. 4. The physical fitness facility will be restricted to 40 Tyler Creek Plaza located within the Tyler Creek Shopping Plaza. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. s/ Bob Siljestrom Bob Siljestrom, Chairman Planning &Zoning Commission s/Sarosh Saher Sarosh Saher, Secretary Planning&Zoning Commission 4 ., - ,... - : .. ... .., .- a 0 _ •., ... ,w,..., : 4, I I Pe 1 ....---------------- ,. Subject Property T Petition 30-14 • ,<.. - . .. T.. ., .. 111111 \ . Byron ''.7 .. - •,,,, 1 . • fili ..„ 11 ...„. ,. . ........ •• - ... .. . - Tyler Creek- t • , . ... . . . . .., I e :: I . .. • i • 0.1. e i ■ 1 4 . ' ' ' ''"."414trliellOrirc a i t IQ* A. ..■ I ...WOO • . 1111 . . • ;. AP'lair : . ! - % , , •• - ,— ... .. Nu - glom ____ Big Timber_,, ,- , - • _.....---, , I . Timber • cu I - „..?..,'..,-....,,,,.. .--,: ,- ‘ ....I ,,, (.. —X • -. . , . ..'.,..k.," • _ 4 "Ts.. ..•' ' ,... . . -. .e. -- 4. 44i -"4V• EXHBIIT A Aerial/Location Map N A City of Elgin 0 40 80 160 240 320 Department of Community Development 1Feet . k 2332. 1 `` ' RC1 gwym ..._ i sgri PRC Subject Property Petition 30-14 iiii Legend OResidence Conservation 1 l�A B OResidence Conservation 2 DResidence Conservation 3 QPlanned Residence Conservation OSingle Family Residence 1 OSingle Family Residence 2 OPlanned Single Family Residence 2 EMITwo Family Residence -Multiple Family Residence -Planned Multiple Family Residence OResidence Business Planned Residential Business -Neighborhood Business -Planned Neighborhood Business ■ -Area Business -Planned Area Business -Center City 1 -Center City 2 -Planned Center City -Office Research Industrial -Planned Office Research Industrial -General Industrial a III Planned General Industrial _ -CommercialIndustrial -Planned Community Facility -Community Facility -Fox River Preservation -Planned Center City 2 QPlanned Single Family Residence 1 Planned Two Family Residence AB EXHIBIT B Zoning Map N w!r->r S City of Elgin 0 50 100 200 300 400 Department of Community Development 1 Feet 4 � \ Subject Property 40 Tyler Creek Plaza Petition 30-14 Byron 0603376016 )1 Tyler Creek 1 � II Big Timber EXHBIIT C Parcel Map N City of Elgin 0 25 50 100 150 200 Department of Community Development Feet SITE LOCATION EXHIBIT 40 Tyler Creek Plaza Petition 30-14 k1414 ' „1 J 4...... ,t�:1:l „ ' .1:s1 4 L..r • 3 1 1. 1 !! fir V • , 4 1 t I. i lit i't r J I > * r L .. •t.,.�. i ✓ iii 1. - P I L_ .. CalL=...vCJ n Site Location N 40 Tyler Creek Plaza . a •'' a . :1 • r to II _ 4 v. I' , View looking west SITE LOCATION EXHIBIT 40 Tyler Creek Plaza Petition 30-14 a„ .. ft rAys 'S`,"",""' ra 4 p `i 1 1 f 'iM' `,., s� 'u.t ' kr 14 Ai /�• 1/4',‘ ;,_.... 14 If)* 9;""— 44—•„,,,...1 ,4 .4.., ii.. r, ,+r.... � a► 4 _ ar... ..._it arj16 1 0 21i#1";'14' egkL11‘Pvt. g !, 'a.4 r 4 .4 :' ----. Pjl '• L View from Big Timber Looking North C s ''t ' 4_ r fy,�� . y 8 w s — . a } II if allftlift w View from McLean Boulevard Looking Southeast