Loading...
HomeMy WebLinkAboutG16-17Ordinance No. G16 -17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN AMUSEMENT AND RECREATIONAL SERVICE NOT ELSEWHERE CLASSIFIED IN THE CC CENTER CITY DISTRICT (77 Riverside Drive) WHEREAS, written application has been made requesting conditional use approval to establish an amusement and recreational service, not elsewhere classified (escape room business) at 77 Riverside Drive; and WHEREAS, the zoning lot with the building containing the premises at 77 Riverside Drive is legally described herein (the "Subject Property "); and WHEREAS, the Subject Property is located within the CC1 Center City District and an amusement and recreational service, not elsewhere classified is listed as a similar use within the CC Center City District; and WHEREAS, the amusement and recreational service, not elsewhere classified as described in the written application for a conditional use at 77 Riverside Drive is most similar to the coin operated amusement establishments (7993) listed as a conditional use within the CC Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 3, 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 application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, 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 a conditional use in the CC Center City 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 April 3, 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 an amusement and recreational service, not elsewhere classified (escape room business) is hereby granted for the property commonly known as 77 Riverside Drive and commonly identified by Kane County Property Identification Number (PIN) 06 -14- 433 -030, and legally described as follows: Lot 12 (Except the Northwesterly 4 feet thereof and except that part lying Westerly of the Easterly line of Riverside Avenue) in Block 21 in the Original Town of Elgin on East side of Fox River, in the City of Elgin, Kane County, Illinois. 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 submitted by Escapade 360 LLC, as applicant, and Rob Jarvis, as property owner, received February 17, 2017 and supporting documents including: a. Undated Statement of Purpose and Conformance, received February 17, 2017; b. 76 -80 South Grove, Elgin, IL building floor plans, prepared by Bristol Design Group, dated July 28, 2014; and c. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated January 23, 1987; 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. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. Kaptafh, -2- Presented: May 24, 2017 Passed May 24, 2017 Vote: Yeas: 9 Nays: 0 Recorded: May 24, 2017 Published: May 11, 2017 Attes Y Kimberly Dewis, City rk -3- #,_ April 3, 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 Petition 03 -17, an application by Escapade 360, LLC, as applicant, and Rob Jarvis, as owner, requesting approval of a conditional use to establish an amusement and recreational service, not elsewhere classified (escape room business) at the property located at 77 Riverside Drive, zoned CC Center City District. GENERAL INFORMATION Petition Number: Requested Action: Approval of a Conditional Use Current Zoning: CC 1 Center City District Existing Use: Partially occupied multi- tenant office building Proposed Use: Amusement and recreational service, not elsewhere classified (Escape room business) Property Location: 77 Riverside Drive Applicant: Escapade 360, LLC Owner: Staff Coordinator: Damir Latinovic, AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial /Location Map B. Zoning Map C. Parcel Map Exhibit A Recommendation & Findings of Fact Petition 03 -17 April 3, 2017 D. Site Location F. Development Application and Attachments G. Draft Conditional Use Ordinance BACKGROUND Escapade 360 LLC, as applicant, and Rob Jarvis, as owner, are requesting approval of a conditional use to establish an escape room business at the property located at 77 Riverside Drive, zoned CC Center City District. An escape room is classified as an amusement and recreational service, not elsewhere classified. The applicant is proposing to occupy the 3,000 -squre foot third floor unit of the multi - tenant office and commercial building at 77 Riverside Drive. The subject tenant space is currently vacant. The property has frontage along Grove Avenue on the east and Riverside Drive on the west. Three office tenants are currently located on the east side of the building on the ground floor with access from Grove Avenue (Hernandez Law office, Lifestyle Real Estate office, and Shop and Share retail store). The west side of the building is currently vacant. The proposed escape room business is a live action, physical adventure game in which players are placed in a themed room and have to use elements of the room to find clues and solve a series of puzzles to "escape" the room within a set time limit. The applicant is proposing to establish two themed rooms: the Sherlock Adventure and the Da Vinci Experience rooms. Each room would accommodate up to eight players/participants at any one time with each game lasting approximately one hour. Themed rooms are booked by an appointment. Once on site, participants would be met by an employee on the ground floor lobby off of Riverside Drive. The employee would brief the participants on the rules of the game, introduce them to the room and then monitor the progress via in -room cameras for the duration of the hour. The applicant is not proposing to make any significant changes to the tenant space. The applicant will install a panic button door hardware mechanism on the two themed room doors that allows participants to open the doors at the press of the button. The door mechanism would also release and the doors would automatically open in case of the loss of power. The themed rooms would include a variety of props to assist the game participants to solve the clue of the game. The applicant is not proposing any changes to the exterior of the building. Any new street graphics will have to meet the zoning ordinance requirements. The applicant is not proposing to serve any food or drinks. The proposed business would be open 11 am —10 pm Tuesday — Sunday. A maximum of two employees will be present at any one time, one per each themed room. The proposed amusement and recreational service, not elsewhere classified (escape room business) is listed as a similar use in the CC Center City District, and is allowed as a conditional use, -2- Recommendation & Findings of Fact Petition 03 -17 April 3, 2017 requiring the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was part of the original town of Elgin subdivision since the City's incorporation in 1835. The property was originally zoned E Commercial District in 1927. In 1962, the property was rezoned to B -2 Central Business District, and in 1992, the property was rezoned to CC 1 Center City District as part of the comprehensive amendment to the zoning ordinance. The property has always been occupied with a variety of commercial and office uses. Previous tenants include offices of the Kane County Health Department and a staffing agency, among others. Currently, the ground floor tenant spaces with access from Grove Avenue are home to a law office (Hernandez Law), Shop and Share resale shop, and a real estate business office. The tenants' spaces accessible from Riverside Drive are currently vacant. B. Surrounding Land Use and Zoning. The properties adjacent to the north and across Grove Avenue to the east are also zoned CC Center City District, while the Riverwalk property directly across Riverside Drive is zoned CF Community Facility District and is part of the Riverside Drive Promenade. The property adjacent to the south is zoned PCC Planned Center City District and is currently vacant. All developed properties in the area include a mix of residential, office, commercial, and retail uses. C. Comprehensive Plan. The subject property is designated as "Community Mixed Use" by the City's 2005 Comprehensive Plan and Design Guidelines. The intent of the Community Mixed Use Center is to provide focus, identity, and convenient goods and services, as well as employment opportunities, for a number of sun•ounding neighborhoods in a larger trade area. The center would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. The recommended uses include a compatible mix of residential, employment, education, civic, and office uses, combined with a cultural and entrainment center focus that extends activities throughout the day. D. Zoning District. The purpose of the CCl Center City District is to facilitate the implementation of the official comprehensive plan for the city center, as focused on a distinctive subarea of the city with a common urban fabric. The CC1 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. -3- Recommendation & Findings of Fact Petition 03 -17 April 3, 2017 E. Trend of Development. The subject property is located within the downtown area that has historically been developed with a mix of commercial, retail, restaurants, and residential uses. The businesses that have recently opened in the area include Chooch's Pizza and Dog's Paw restaurants and Elgin Books bookstore. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 03 -17 on April 3, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Variation Review and Written Findings & Recommendation to the Planning & Zoning Commission dated April 3, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: 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. The proposed use will occupy the vacant third floor commercial space accessible via a common lobby and an elevator from Riverside Drive. The building on the property was constructed up to the front property line along Grove Avenue and Riverside Drive as well as to the north side property line. A 14 -foot side yard setback exists along the south property line. The applicant is not proposing to make any exterior changes to the existing building. 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. The property and the subject commercial space are currently served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities. Recommendation & Findings of Fact Petition 03 -17 April 3, 2017 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. The property has frontage along Riverside Drive and Grove Avenue. Main pedestrian access to the subject commercial space is provided from Riverside Drive where the common lobby and the elevator are located. The zoning ordinance does not require off - street parking to be provided by any land use within the CC district. The property does not have any on -site parking. The employees and visitors are expected to utilize on- street parking or the city -owned parking lot one -half block to the south. 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 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. All business and game activities will be conducted on the interior. The hours of operation are consistent with those of surrounding businesses. The applicant is not proposing to make any exterior changes to the building. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. The proposed escape room business is consistent with the purpose and intent of the CCl Center City District. The proposed establishment will add to the vibrancy of the area by filling an existing vacant space and contribute to the diversity of uses in the downtown core. The proposed use also fits within the urban pedestrian - oriented environment. 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. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. The property is, however, part of the recently established Downtown Elgin Commercial National Register Historic District. While no City or State regulations are associated with this designation, the applicant does not propose any changes to the exterior of the building. -5- Recommendation & Findings of Fact Petition 03 -17 April 3, 2017 RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 03 -17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Escapade 360 LLC, as applicant, and Rob Jarvis, as property owner, received February 17, 2017 and supporting documents including: a. Undated Statement of Purpose and Conformance, received February 17, 2017; b. 76 -80 South Grove, Elgin, IL building floor plans, prepared by Bristol Design Group, dated July 28, 2014; and c. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated January 23, 1987; 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. All exterior street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. The vote of the Planning & Zoning Commission on the motion to recommend approval, 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. Respectfully Submitted, s/ Robert Siliestrom Robert Siljestrom, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission