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HomeMy WebLinkAboutG12-17Ordinance No. G12 -17 F.WK61 N7111M. We 91 AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G26 -03 AND GRANTING A CONDITIONAL USE FOR FIREARMS SALES AND AMUSEMENT AND RECREATIONAL SERVICES NOT ELSEWHERE CLASSIFIED IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (780 -796 South McLean Boulevard) WHEREAS, the territory herein described has been classified in the PNB Planned Neighborhood Business District under Ordinance No. G26 -03; and WHEREAS, written application has been made to amend PNB Planned Neighborhood Business District Ordinance No. G26 -03 to modify the site design requirements therein; and WHEREAS, written application has been made requesting conditional use approval to establish firearms sales and amusement and recreational services, not elsewhere classified at 780 South McLean Boulevard; and WHEREAS, the zoning lot with the building containing the premises at 780 South McLean Boulevard is legally described herein (the "Subject Property "); and WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District, and firearms sales and amusement and recreational services, not elsewhere classified are both listed conditional uses within the PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said applications on March 6, 2017 following due notice by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said applications; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said applications, 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 and 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 an amendment to the PNB Planned Neighborhood Business District and conditional uses in the PNB Planned Neighborhood 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 March 6, 2017, and the recommendations made by the Community Development Department and 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 for "firearms sales (5941)" and "amusement and recreational services, not elsewhere classified (7999)" is hereby granted for the property commonly known as 780 -796 South McLean Boulevard and commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06 -27- 101 -015, 06 -27- 101 -017, 06 -27 -101 -019, and 06 -27- 101 -020, and legally described as follows: UNIT NUMBERS 780 -A, 780 -C, 780 -E AND 780 -F IN COLLEGE CORNERS NORTH CONDOMINIUM, AS DELINEATED ON A PLAT OF SURVEY OF THE FOLLOWING DESCRIBED TRACT OF LAND: A PART OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. WHICH PLAT OF SURVEY IS ATTACHED AS EXHIBIT "D" TO THE DECLARATION OF CONDOMINIUM RECORDED MARCH 8, 2004 AS DOCUMENT NUMBER 2004K028159; TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS. 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 and supporting documents submitted by Fox Valley Shooting Club, L.L.C., as applicant, and AARS, L.L.C., as owner, including the following materials: a. Undated five -page "Window Film Depot" product specification document prepared by DefenseLite Window Protection and Security, dated received February 15, 2107; b. Statement of Purpose and Conformance, dated received December 28, 2016; c. Fox Valley Shooting Club - Elgin, IL 780 S McLean Blvd, Elgin, IL -Draft, prepared by John Bocker, JB Group, LLC, dated received December 28, 2016; d. Applicant's Response Letter dated February 7, 2017, prepared by John F. Hurlbut of Hurlbut & Hurlbut, P.C.; e. Plat of Survey, prepared by Landmark Engineering Group, Inc., dated March 4, -2- 2004; f. Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects Incorporated, dated December 24, 2016; g. Exhibit "D" to Declaration for College Corners North Condominium Sheet 2 of 3, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; and h. Exhibit "D" to Declaration for College Corners North Condominium Sheet 3 of 3, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; 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. The hours of operation for the facility shall be 10 am — 9 pm Monday- Friday, and 8 am — 8 pm Saturday and Sunday. Upon a written request from the applicant or subsequent operator, the Development Administrator is authorized to allow one (1) additional hour of operation before and /or after these hours of operation in so long as they do not conflict with limits established within Section 6.60.060 of the Elgin Municipal Code, 1976 as amended. 3. The proposed pre -cast concrete vehicle barriers shall be designed to accommodate landscaping materials and shall be so improved during the traditional growing season. 4. The employees of the firearm sales establishment and shooting gallery must park in spaces located west of the building containing said establishment and gallery. 5. The applicant shall comply with all applicable federal and state requirements including but not limited to permits, licenses, and the safe disposal of lead per Statement of Purpose and Conformance dated received December 28, 2016, 6. The facility shall comply with all applicable city ordinances regarding noise, and the firing of firearms from within the facility shall not be audible at the western property line as reasonably determined by the Director of Community Development. 7. Any new street graphics must be installed in compliance with zoning ordinance requirements. 8. No merchandise shall be displayed in the windows or doors facing McLean Boulevard (those windows or doors along the east side of the building). 9. No alcoholic liquor shall be offered for sale, and the consumption of alcoholic liquor on the Subject Property is prohibited. 10. The applicant shall install and maintain one (1) double -sided parking lot sign at each driveway entrance to the property informing patrons and visitors arriving at and leaving the property that parking off premises is prohibited. 11. Compliance with all applicable codes and ordinances. 12. Outside signage shall not include the words "shooting" or "guns ", or images of bullseyes or targets. Outside signage shall be in substantial conformance with the sample signage depiction provided by the Applicant Fox Valley Shooting Club, L.L.C., using the phrasing "FOX VALLEY SC Indoor range- Training- Sales" attached hereto and made a part hereof by reference as Exhibit B. Section 4. That Ordinance No. G26 -03 entitled "An Ordinance Reclassifying Property from NB Neighborhood Business District to PNB Planned Neighborhood Business District and -3- ARC Arterial Road Corridor Overlay District," passed April 23, 2003, be and is hereby amended only as set forth in this ordinance as follows: Section 3.G. of Ordinance G26 -03 entitled "Site Design" shall be amended as follows: Subparagraph 4. is hereby repealed and replaced in its entirety as follows: 4. Substantial conformance to the Site Plan prepared by Arete 3 Ltd., and dated April 3, 2003, with the following revision, which will be subject to the review and approval of the Community Development Group: Provide a secure pedestrian walkway which will link the existing walkway near the southwest edge of the property to the proposed buildings; except as modified by Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects Incorporated, dated 12 -24 -2016. Subparagraph 5. is hereby repealed and replaced in its entirety as follows: 5. Substantial conformance to the Landscape Plan prepared by Arete 3 Ltd., and dated February 25, 2003. Subparagraph 9. is hereby repealed and replaced in its entirety as follows: 9. All refuse collection areas shall be enclosed in substantial conformance with the proposed "Refuse Enclosure" photograph submitted by Arete 3, Ltd., dated March 17, 2003, revised to provide PVC gates which match the walls of the enclosure, and to be constructed with a color to match the building. Section 3. I. of Ordinance G26 -03 entitled "Off Street Loading" is hereby repealed in its entirety and replaced as follows: I. "Off Street Loading. In this PNB Planned Neighborhood Business District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended, except as provided within this section. The location and design of driveways and off street loading facilities shall be subject to the Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects, dated 12 -24- 2016." Section 5. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G26 -03. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 4 and the allowances described and provided thereon, and Ordinance No. G26 -03, this ordinance and associated documents shall control and prevail. M Section 6. That this ordinance shall be full force and effect upon its passage in the manner provided by law. Presented: May 10, 2017 Passed May 10, 2017 Vote: Yeas: 5 Nays: 4 Recorded: May 10, 2017 Published: May 11, 2017 A es Kimberly Dewis, 1 y Clerk -5- INN M, March 6, 2017 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petitions 31 -16, 32 -16, and 33 -16, an application by Fox Valley Shooting Club, L.L.C., as applicant, and AARS, L.L.C., as owner, requesting approval of a text amendment to the ARC Arterial Road Corridor Overlay District, a map amendment to the existing PNB Planned Neighborhood Business District, and a conditional use to permit firearm sales and an amusement and recreational service not elsewhere classified (shooting gallery) on the property located at 780 South McLean Boulevard. The property is zoned PNB Planned Neighborhood Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 31 -16, 32 -16, and 33 -16 Requested Action: Text Amendment, May Amendment to PNB Planned Neighborhood Business District, and Conditional Uses Current Zoning: PNB Planned Neighborhood Business District & ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space, part of multi -tenant commercial building Proposed Use: Firearms Sales and Amusement and Recreational Service, Not Elsewhere Classified (Shooting Gallery) Property Location: 780 South McLean Boulevard Applicant: Fox Valley Shooting Club, L.L.C. Owner Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibit A Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 LIST OF EXHIBITS ATTACHED A. Aerial Photo / Location Map B. Zoning Map C. Parcel Map D. Site Location E. Letter from City of Elgin Police Department F. Development Application and Attachments G. Related Correspondence BACKGROUND Fox Valley Shooting Club, L.L.C., as applicant, and AARS, L.L.C., as owner have submitted an application requesting approval of: 1. A Text Amendment to Title 19 "Zoning" of the Elgin Municipal Code, specifically Chapter 19.15 Preservation Districts, which currently prohibits firearm sales in the ARC Arterial Road Corridor Overlay District, to allow firearm sales along South McLean Boulevard between Illinois Route 20 on the north and College Green Drive on the south, 2. A Map Amendment to the existing PNB Planned Neighborhood Business District to allow the proposed firearms sales establishment with a shooting gallery per the proposed plans and documents, and 3. A Conditional Use for firearm sales, and amusement and recreational services, not elsewhere classified (shooting gallery). The property, located at the northwest corner of South McLean Boulevard and College Green Drive, is zoned PNB Planned Neighborhood Business District and ARC Arterial Road Corridor Overlay District. The property is improved with two, one -story commercial condominium, multi- unit buildings and an accessory parking lot with 126 parking spaces. The applicant is proposing to occupy units 780 -A, 780 -C, 780 -E and 780 -F (approximately 23,000 square feet) of the east building. The units were previously occupied by a medical office use (Total Home Health) until August 2016. The units have since been vacant. The other two units in the east building will remain owner occupied with Chan's Garden Chinese Restaurant (unit 780 -D) and Fusion Fitness MMA mixed martial arts school (unit 780 -B). The applicant is under contract to purchase the subject units subject to City approval of the proposed use. The 9,000 - square foot west building contains three units: the westernmost unit formerly occupied by a veterinary clinic is currently vacant, the middle unit is occupied by Kyuki -Do Martial Arts School, and the eastem -most unit is occupied by KJ Cleaners. The entire west building is owned by the owner of Kyuki -Do Martial Arts School who also owns and operates the Fusion Fitness MMA School in the east building. -2- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 3D Aerial View from the South Proposal The proposed 23,000 - square foot firearm sales establishment and shooting gallery would include approximately 7,900 square feet of retail space for firearms and general merchandise sales, 19 shooting lanes, two training rooms, and miscellaneous office and storage areas. The facility would be open to general public, however, the shooting gallery would operate as a membership club and would be restricted to the members of the Fox Valley Shooting Club. The proposed hours of operation would be Monday— Friday 10 am — 9 pm, Saturday and Sunday 8 am — 8 pm. The facility would have a maximum of eight employees during any one shift, three in the shooting gallery and five in the retail portion of the store. The applicant will also offer firearm training courses and host shooting competitions. Per state law, any individual wishing to purchase a firearm must have a state - issued Firearm Owner Identification Card (FOID), which is issued upon successful completion of a background check, or similar qualifying identification card issued by another state. For the shooting gallery portion of the facility, any individual wishing to rent firearms and use the shooting gallery will have to be at least 21 years of age and become a member of the shooting club. The applicant will run background checks on any member applicants that do not own a FOID card. -3- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 The applicant will implement a variety of safety and security measures as indicated in the application documents. The facility will have internal and external video monitoring and an alarm system that will be connected to the City of Elgin Police Department. All exterior windows will have a "DefenseLite" window protection security product installed on the exterior of the windows (product specifications are attached as part of applicant's development application). The firearms displayed for sale in the retail portion of store will be located in cases made out of %z" and' /4" plywood with real wood veneers and 1/4" tempered glass. The City of Elgin Police Department has reviewed the facility operations and security plan and finds it sufficient to adequately secure the business (Exhibit E). The applicant will also employ a combination of sound attenuating techniques. The shooting gallery portion of the facility will be enclosed with an 8" concrete block or poured -in -place concrete wall installed on the interior of the building. The interior and exterior portions of the concrete walls will be lined with sound attenuating materials to absorb the sound. The applicant will also install sound vibration control materials over the existing party walls shared with adjacent commercial units. In addition, the Planning & Zoning Commission and staff are recommending a condition be included that no sound from the shooting gallery can be audible at the adjacent residentially zoned property to the west to assure the shooting gallery does not have any negative effect on closest residential property. All recommended conditions are outlined at the end of this report under the section titled, "Recommendation ". The proposed text amendment to the ARC Arterial Road Corridor Overlay District, map amendment to the existing PNB Planned Neighborhood Business District, and a conditional use to permit a firearm sales with a shooting gallery establishment requires review by the Planning & Zoning Commission and final determination by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the City of Elgin in 1970. Upon annexation, the property was zoned B3 Service Business District and B1 Retail Business District. In 1992, the property was rezoned to NB Neighborhood Business District as part of comprehensive amendment to the zoning ordinance. The current zoning, PNB Planned Neighborhood Business District, was established in 2003 by Ordinance G26 -03. The same ordinance approved the construction of the existing development on the site with two multi -tenant commercial buildings and the accessory parking lot. The subject units at 780 South McLean Boulevard have been occupied by Total Home Health, a medical care and service provider. In 2004, the property received a conditional use approval for a veterinary service for household pets at 796 South McLean Boulevard, the western -most unit. In 2011, a conditional use was approved for the same westem -most unit for an emergency veterinary -4- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 service facility for household pets. The veterinary clinic is no longer located on the property. B. Surrounding Land Use and Zoning. The property to the north is also zoned PNB Planned Neighborhood Business District and is part of Elgin Community College campus open space. The property to the east is zoned PORI Planned Office Research Industrial District and is improved with a one -story, 37,000- square foot commercial building and accessory parking lot home to Easter Seals, an organization offering variety of services to children with disabilities and special needs. A part of the building is also occupied by a preschool run by the School District U -46. The property to the south is zoned PNB Planned Neighborhood Business District and is improved with approximately 45,000 - square foot, one story multi -tenant commercial building. The properties to the west are zoned PRC Planned Residence Conservation District, and are improved with single - family and multi- family attached dwellings. Seven multi - family attached dwellings (townhomes) are directly adjacent to the property. The closest townhome is located approximately 325 feet from the proposed business. C. Comprehensive Plan. The subject property is designated as Neighborhood Mixed -Use Center by the City's 2005 Comprehensive Plan and Design Guidelines. Neighborhood Mixed -Use Centers are designated to meet the daily "convenience" goods and service needs of residents in immediately adjacent neighborhoods. Their size generally does not exceed 10 to 30 acres, and could 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. D. Zoning District. The purpose and intent of the PNB Planned Neighborhood Business District established by Ordinance G26 -03 is to provide for commercial uses supplying daily convenience commodities and services to a neighborhood population. The scale of development of this PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. E. Trend of Development. The subject property is located along the McLean Boulevard arterial road corridor south of Illinois Route 20. Most properties along South McLean Boulevard are improved with commercial, light industrial, or warehousing buildings and uses. While the subject property and the property to the south were originally zoned and intended for commercial uses that cater to the adjacent residential neighborhoods, due to the improved access interchange at Illinois Route 20 and South McLean Boulevard, the most recent trend of light manufacturing and warehousing development, and future development along this part of the corridor, is expected to attract and cater to tenants serving the larger regional population. -5- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petitions 31 -16, 32 -16, and 33 -16 on March 6, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Text Amendment, Map Amendment, and Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning Commission dated March 6, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for text and map amendments outlined within § 19.55.030, the standards for planned developments outlined within § 19.60.040, and the standards for conditional use outlined within § 19.65.030: STANDARDS FOR TEXT AND MAP AMENDMENTS A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the proposed use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The existing property was developed with two commercial buildings and the accessory parking lot in 2003. An on -site stormwater detention facility is located in the northwest corner of the property. A six -foot high solid wood fence exists along the west property line adjacent to the residential properties to the west. Adequate vehicle use area landscaping and screening is located throughout the parking lot and along all property lines. The applicant is not proposing any changes to the exterior site layout except for the construction of 13 pre -cast concrete vehicle barriers along the east and south sides of the building. Staff is recommending the pre -cast concrete vehicle barriers are designed to accommodate landscaping (flower boxes) on top to improve the aesthetics of the south east elevations. This finding is applicable to both the text and map amendment requests. B. Sewer and Water Standard. The suitability of the subjectpropertyfor the intended zoning district with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 existing building is served with municipal sanitary and water services. The applicant is not proposing to make any changes to the water and sewer services. This finding is applicable to both the text and map amendment requests. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on -site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street" [SRI system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Text Amendment Findings. The subject property is suitable for the intended use with respect to the provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. Firearm sales establishments depend on easy access to a larger population area. The applicant's proposal to allow firearm sales establishments along South McLean Boulevard between Illinois Route 20 on the north and College Green Drive on the south is consistent with the most recent trend of development along South McLean Boulevard. 2016 improvements to the Illinois Route 20 and McLean Boulevard intersection have provided better access to properties along South McLean Boulevard, and staff is hopeful that this area will attract uses and developments that rely on and cater to a larger population area, not just the immediate neighborhood. Map Amendment Findings. The subject property is suitable for the intended use with respect to the provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. The subject property has two full access driveways and one limited right -in and right -out access driveways, all along College Green Drive. No driveways access South McLean Boulevard. The applicant is not proposing to make any changes to the existing access and traffic circulation on the property as the existing configuration adequately serves the property. -7- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 With the proposed use, the property will be required to have a total of 104 parking spaces. This includes a parking requirement for a future retail or office use in the westernmost unit that is currently vacant. With a total of 126 parking spaces on site (including four accessible spaces), the property will continue to meet the parking requirements. The parking requirements for the property are provided in the table below: 780 -796 S. McLean Blvd. Use Size; # of Parking # of Parking Parking Requirements empl.; # of Requirement Spaces students * Required West Building 796 S. McLean Blvd. Vacant 2,250 sq. ft. 1 / 250 sq. ft. 9 (general retail or office use) 792 S. McLean Blvd. Mixed 4,500 sq. ft.; I / 1 employee 10 Martial 2 employees; + 1 / 4 students Arts 30 students School 790 S. McLean Blvd. Cleaners 2,250 sq. ft. 1 / 250 sq. ft. 9 East Building 788 S. McLean Blvd. Restaurant 1,800 sq. ft. 1 / 60 sq. ft. 30 782 S. McLean Blvd. Mixed 4,400 sq. ft.; 1 / 1 employee, 6 Martial 1 employees; + 1 / 4 students Arts 20 students School 780 S. McLean Blvd. Firearm 23,000 sq. ft. 1 / 250 sq. ft. of 40 Sales and total; 7,957 sq. retail space, + Shooting ft. of retail; 19 1 / 4 lanes, + Gallery lanes; 3 empl. 1 / 1 employee in shooting in shooting range I range Total # of parkirua spaces required 104 Total # of parking spaces existing 126 * Number of employees and number of students listed during peak demand shift The Planning & Zoning Commission and staff are recommending a condition be included that employees of the firearm sales establishment and shooting gallery must park in rear of the building to allow for maximum number of parking spaces available to customers in front of the building. Loading The applicant is proposing to close off two of the three existing loading docks to accommodate a backstop for the shooting range. The applicant is proposing to construct a ME Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 concrete wall on the interior of the garage door. There would be no changes to the exterior appearance of the loading docks as the overhead garage doors would remain. The one remaining loading dock for the building will only be accessible by the firearm sales establishment and shooting gallery and can adequate serve the proposed use. The other two uses in the building (a restaurant and a mixed martial arts school) are both less than 5,000 square feet in area and as such do not require a designated loading space. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The property was developed in 2003 as part of the PNB Planned Neighborhood Business District approved by Ordinance G26 -03. Shortly upon completion, the property gained full occupancy. However, the subject tenant space has been vacant since August 2016. The western -most unit in the west building, previously home to a veterinary hospital, has been vacant for more than a year. In addition, the approximately 45,000 square foot building immediately to the south has been partially vacant for over a year. The 23,000 square foot subject commercial space is suitable for the proposed use with firearm retail sales and shooting gallery components. This finding is applicable to both the text and map amendment requests. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the proposed use in respect to consistency and compatibility with surrounding land use and zoning. The PNB Planned Neighborhood Business District was established in 2003 to provide daily needs of residents in the surrounding neighborhoods. The property to the north is zoned PNB Planned Neighborhood Business District and is part of Elgin Community College campus open space. The property to the south is also zoned PNB Planned Neighborhood Business District and is improved with a 45,000 - square foot one -story commercial building and accessory parking lot. The property to the east is zoned PORI Planned Office Research Industrial District and is improved with a one -story 37,000 - square foot commercial building and accessory parking lot. The properties to the west are zoned PRC Planned Residence Conservation District, and are improved with single - family and multi - family attached dwellings. Seven multi - family attached dwellings M Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 (townhomes) are directly adjacent to the property. The closest townhome is located approximately 325 feet from the proposed business. This finding is applicable to both the text and map amendment requests. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The area between Illinois Route 20 on the north and College Green Drive on the south, including the subject property, is suitable for the proposed use and intended planned development zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located along South McLean Boulevard, a busy arterial corridor. Commercial properties are located to the south and to the east, while institutional uses (Elgin Township Highway offices) are located to the northeast. Other commercial, light - industrial and warehousing uses are also located along South McLean Boulevard between Illinois Route 20 on the north and Bowes Road to the south. All properties along South McLean Boulevard enjoy improved access to a much larger population area due to the 2016 improvements to the Illinois Route 20 and South McLean Boulevard interchange and are expected to continue to be developed with nonresidential uses. This finding is applicable to both the text and map amendment requests. G. Zoning Districts: The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The property is suitable for the intended zoning district with respect to conformance to the provisions for the purpose and intent and the location and size of the zoning district. The applicant is proposing to keep but amend the existing PNB Planned Neighborhood Business District to accommodate the proposed firearm sales establishment and shooting gallery. The purpose of a NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development is limited by the applicable site design regulation due to its function and close proximity of residences. The applicant is proposing to occupy part of the existing east building with only a small modification to the site to accommodate the pre -cast concrete vehicle barriers. The proposed use will serve the surrounding neighborhood as well as the larger population area due to improved access to Illinois Route 20. This finding is applicable to both the text and map amendment requests. -10- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended zoning district with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan. The subject property is designated as Neighborhood Mixed -Use Center by the City's 2005 Comprehensive Plan and Design Guidelines. Neighborhood Mixed -Use Centers are designated to meet the daily "convenience" goods and service needs of residents in immediately adjacent neighborhoods. Access is generally from local and collector streets. The applicant is not proposing to change the PNB Planned Neighborhood Business District zoning classification of the property. The proposed use will provide goods and services to the residents of the immediate neighborhood as well as those from a larger population area. This finding is applicable to both the text and map amendment requests. ADDITIONAL STANDARDS FOR PLANNED DEVELOPMENTS I. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands and vegetation. The property is improved with two, one -story commercial buildings and an accessory parking lot. There are no significant natural features, including topography, watercourses, wetlands, and vegetation worthy of preservation. The existing stormwater detention facility and the existing landscaping will remain. J. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. No evidence has been submitted or found that the proposed planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on uses within the development, much less on surrounding uses and -11- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 properties. Each of the owners of the condominium units within both buildings have provided letters of support for the proposed use. The operation of the firearms sales and shooting gallery will be conducted wholly within the existing building. The applicant will install necessary safety and security measures to the satisfaction of City of Elgin Police Department. The proposed facility will also include the necessary sound attenuating design and materials so that the shooting gallery operation is not audible at the nearest residential property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of Ordinance G26 -03 that established the PNB Planned Neighborhood District: 1. Section 3G. Site Design. The ordinance G26 -03 requires substantial compliance to the previously approved Site Plan prepared by Arete 3 Ltd., and dated April 3, 2003, which indicates the building will have three loading docks. The applicant is proposing to preserve the exterior look of the loading docks with overhead garage doors, but will close off two of the three loading docks on the inside of the building to accommodate a backstop for the shooting gallery. The building will be left with one operable loading dock. 2. Section 3I. Off Street Loading. The ordinance G26 -03 states the property is subject to the provisions of Chapter 19.47, Off Street Loading, of the zoning ordinance, which requires the subject building with approximately 29,200 square feet to have a minimum of two loading spaces. The applicant is proposing to close off two of the three existing loading docks to accommodate a backstop for the shooting gallery. The building will be left with one operable loading dock. Staff finds the proposed modifications to the existing loading docks to have only one operable loading space will adequately serve the existing building and its uses. The two other existing uses in the building, a restaurant and a mixed martial arts school, are each less than 5,000 square feet. Per the zoning ordinance, restaurants and general retail service uses such as the mixed martial arts school less than 5,000 square feet in area are not required to provide a loading space. The proposed firearm sales establishment and shooting gallery will have sole access to the one loading space remaining. The use will only have sporadic deliveries by large vehicles in need of a designated loading dock. As such, the one loading space proposed to remain will adequately serve the proposed use. -12- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 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 its size, shape, significant features including topography, watercourses, and vegetation, and existing improvements in the same manner as that within the suggested findings for map and text amendment above. This finding is applicable to both the firearm sales and the shooting gallery conditional use requests. 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 in the same manner as that within the suggested findings for map and text amendment above. This finding is applicable to both the firearm sales and the shooting gallery conditional use requests. 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 in the same manner as that within the suggested findings for map and text amendment above. This finding is applicable to both the firearm sales and the shooting gallery conditional use requests. 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 property is suited 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 -13- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 chapter. The applicant is proposing to modify the existing PNB Planned Neighborhood Business District zoning classification. The applicant is proposing to occupy part of the existing building with only small modification to the site layout to accommodate the pre- cast concrete vehicle barriers. No other changes are proposed to the site layout. The existing site configuration operates without any conflict with surrounding uses and traffic patterns. Consistent with the intent and purpose of the NB Neighborhood Business district, the proposed use will serve the surrounding neighborhoods, but also a larger population area due to the improved access to Illinois Route 20. This finding is applicable to both the firearm sales and the shooting gallery conditional use requests. 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 to either request. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department recommends approval of Petitions 31 -16 for a text amendment to ARC Arterial Road Corridor Overlay District, Petition 32 -16 for an amendment to the existing Planned Neighborhood Business District, and Petition 33 -16 for the conditional use for firearms sales, and the amusement and recreational services, not elsewhere classified for the shooting gallery, subject to the following conditions: Substantial conformance to the Development Application and supporting documents submitted by Fox Valley Shooting Club, L.L.C., as applicant, and AARS, L.L.C., as owner, including the following materials: a. Undated five -page "Window Film Depot" product specification document prepared by DefenseLite Window Protection and Security, dated received February 15, 2107; b. Statement of Purpose and Conformance, dated received December 28, 2016; C. Fox Valley Shooting Club - Elgin, IL 780 S McLean Blvd, Elgin, IL -Draft, prepared by John Bocker, JB Group, LLC, dated received December 28, 2016; d. Applicant's Response Letter dated February 7, 2017, prepared by John F. Hurlbut of Hurlbut & Hurlbut, P.C.; 14- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 e. Plat of Survey, prepared by Landmark Engineering Group, Inc., dated March 4, 2004; f. Partial Ground Floor Plan Sheet A1.2, prepared by Belli & Belli Architects Incorporated, dated December 24, 2016; g. Exhibit "D" to Declaration for College Corners North Condominium Sheet 2 of 3, prepared by Landmark Engineering Group, hie., dated March 4, 2004; and h. Exhibit "D" to Declaration for College Corners North Condominium Sheet 3 of 3, prepared by Landmark Engineering Group, hie., dated March 4, 2004; 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. The hours of operation for the facility shall be 10 am — 9 pm Monday- Friday, and 8 am — 8 pm Saturday - Sunday. Upon a written request from the applicant or subsequent operator, the Development Administrator is authorized to allow one (1) additional hour of operation before and/or after these hours of operation in so long as they do not conflict with limits established within Section 6.60.060 of the Elgin Municipal Code, 1976 as amended. 3. The proposed pre -cast concrete vehicle barriers shall be designed to accommodate landscaping materials and shall be so improved during the traditional growing season. 4. The employees of the firearm sales establishment and shooting gallery must park in spaces located west of the building containing said establishment and gallery. 5. The applicant shall comply with all applicable federal and state requirements including but not limited to permits, licenses, and the safe disposal of lead per Statement of Purpose and Conformance dated received December 28, 2016, 6. The firearm sales establishment and shooting gallery shall not be audible at the west property line. 7. Any new street graphics must be installed in compliance with zoning ordinance requirements. 8. Compliance with all applicable codes and ordinances. The vote of the Planning & Zoning Commission on the motion to recommend approval of Petition 31 -16 for a text amendment to ARC Arterial Road Corridor Overlay District, was five (5) yes, zero (0) no, and zero (0) abstentions. Two members were absent. The vote of the Planning & Zoning Commission on the motion to recommend approval of Petition 32 -16 for an amendment to the existing PNB Planned Neighborhood Business District, subject to the conditions outlined by the Community Development Department, was five (5) yes, zero (0) no, and zero (0) abstentions. Two members were absent. The vote of the Planning & Zoning Commission on the motion to recommend approval of Petition 33 -16 for the conditional use for firearms sales and the amusement and recreational services not elsewhere classified for the shooting gallery, subject to the conditions outlined by the Community -15- Recommendation & Findings of Fact Petition 31 -16, 32 -16, and 33 -16 March 6, 2017 Development Department, was five (5) yes, zero (0) no, and zero (0) abstentions. Two members were absent. Respectfully Submitted, s/ Robert Siliestrom Robert Siljestrom, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission -16- E lTgTgxg Lm Ili fit * ME L p x kl