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Home My WebLink AboutG44-18 Ordinance No. G44-18 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE (TACTICAL LASER TRAINING SCHOOL) IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (812 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to establish an other school and educational service (Tactical Laser Training school) at 812 South McLean Boulevard; and WHEREAS,the zoning lot with the building containing the premises at 812 South McLean Boulevard is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G21-8, and amended by Ordinance No. G35-13, and ARC Arterial Road Corridor Overlay District, and an other school and educational service is listed as conditional uses within the PNB Planned Neighborhood Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on June 4, 2018 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 PNB Planned Neighborhood Business District and ARC Arterial Road Corridor Overlay 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 June 4, 2018, and the recommendations made by the Community Development Department and 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 for another school and educational service is hereby granted for the property commonly known as 812 South McLean Boulevard,commonly identified by Kane County Property Identification Number (PIN) 06-27-101-013, and legally described as follows: That part of the Northwest quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Northeast corner of Lot 1 in Collage Green Unit 1, recorded August 12, 1988 as Document No. 1926238; thence Easterly along the Southerly line of College Green Drive as dedicated by Document No. 1926240 along a curve to the right having a radius of 986.0 feet and arc distance of 341.74 feet to a point of tangency thence South 84 degrees 05 minutes 13 seconds East continuing along said Southerly line 119.08 feet to the Westerly line of McLean Blvd. as dedicated by Document No. 1926240; thence Southerly along said Westerly line along a curve to the left having a radius of 34,427.50 feet an arc distance of 503.01 feet to the Northerly line of Torrey Pines Drive as dedicated by Document No. 1926240; thence Northerly 85 degrees 01 minutes 54 seconds West along said Northerly line 339.14 feet to the Southeast corner of Lot 6 of College Green Unit 4 aforesaid; thence North 04 degrees 58 minutes 47 seconds East along the Easterly line of said College Green Unit 1, 108.73 feet; thence Northerly 13 degrees 04 minutes 35 seconds West continuing along said Easterly line 360.87 feet to the point of beginning, (except that part of the Northwest quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meriden, in the City of Elgin, Kane County, Illinois, described as follows: Beginning at the intersection of the Southerly right-of-way line of College Green Drive with the Westerly right-of-way line of McLean Boulevard, according to the Plat of Dedication recorded as Documents No. 1926240; thence Southerly 20.0 feet along said Westerly right of way line of McLean Boulevard,being along a curve to the left having a radius of 34,427.50 feet as assumed chord bearing South 00 degrees 00 minutes 38 seconds East, 20.0 feet; thence Northerly 45 degrees 04 minutes 52 seconds West, 28.25 feet to the Westerly right-of-way line of Collage Green Drive;thence Northerly 89 degrees 50 minutes 55 seconds East along the Southerly right-of-way line of College Green Drive,20.00 feet to the point of beginning)in the City of Elgin, Kane County, Illinois. (Commonly known as 800-826 South McLean Boulevard) 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 Tactical Laser Training, Inc. /Todd Thiede,as applicant, and Spartan-Elgin, LLC,as property owner, received April 12, 2018, and supporting documents including: a. Undated Rider Statement of Purpose and Conformance, received April 11, 2018; b. Alta/ACSM Land Title Survey, prepared by Gerald Sopha Illinois Professional Land Surveyor, dated October 31, 2005, revised November 2, 2005; 2 c. Undated Floor Plan, received April 11, 2018; In the event of any conflict between such referenced 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. No firearms shall be used as part of the training courses,and no firearms shall be stored or sold on the premises. 3. All street graphics must comply with the zoning ordinance requirements. 4. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. ,i / / / j Davis J. ai ayor Presented: July 11, 2018 Passed: July 11, 2018 ; �T Omnibus Vote: Yeas: 8 Nays: 0 F 4Tr�y" Recorded: July 11, 2018 ;,aYS�MN Published: July 12, 2018 '�'' ` {. ~' A st• I= � .Jr►: ; • Kimberly Dewis, Ci ler 3 EXHIBIT A June 4, 2018 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 14-18, an application by Tactical Laser Training, Inc. / Todd Thiede, as applicant, and Spartan-Elgin, LLC, as property owner, are requesting a conditional use for an "other school and educational service"to establish a tactical laser training school that would provide a variety of self-defense training programs at the property commonly referred to as 812 S. McLean Boulevard. The property is zoned PNB Planned Neighborhood Business District and is part of the ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 14-18 Property Location: 812 S. McLean Boulevard Requested Action: Conditional Use for Other School and Educational Service(Tactical Laser Training school) Current Zoning: PNB Planned Neighborhood Business District& ARC Arterial Road Corridor Overlay District Proposed Zoning: No Change. PNB Planned Neighborhood Business District& ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial space within a multi-tenant commercial building Proposed Use: Other school and educational service (tactical laser training school) Applicant: Tactical Laser Training, Inc. /Todd Thiede Owner Spartan-Elgin, LLC Staff Coordinator: Damir Latinovic, AICP, Senior Planner Recommendation & Findings of Fact Petition 14-18 June 4, 2018 Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Tactical Laser Training, Inc. / Todd Thiede, as applicant, and Spartan-Elgin, LLC, as property owner, are requesting a conditional use for an "other school and educational service"to establish a tactical laser training school that would provide a variety of self-defense training programs at the property commonly referred to as 812 S. McLean Boulevard. The property is zoned PNB Planned Neighborhood Business District and is part of the ARC Arterial Road Corridor Overlay District. The subject property is a 2,840-square foot commercial tenant space located at the northeast corner of an existing 46,145-square foot multi-tenant commercial building constructed in 1998. The existing building sits on a 4.5-acre property located on the west side of S. McLean Boulevard between College Green Drive on the north and Torrey Pines Drive on the south. The existing building is surrounded by a surface parking lot with a total of 146 parking spaces. One full access driveway is located on the north side of the property to College Green Drive, and the second full access driveway is located on the south end to Torrey Pines Drive. The property also includes one restricted right-in and right-out driveway to S. McLean Boulevard near the middle of the site. With only three existing tenants in the building, 30,169 square feet of the building is currently vacant. Bungee's Tire and Auto motor vehicle repair shop is the main tenant occupying approximately 10,606 square feet on the south end of the building. Nella's Beef restaurant and Illinois Spine and Disc medical office are also located in the building. Proposal The applicant is proposing to establish a self-defense Tactical Laser Training school. The school would offer a variety of self-defense training programs to individuals and businesses utilizing real- world settings, such as offices, schools, convenience stores, and transportation facilities. -2 - Recommendation & Findings of Fact Petition 14-18 June 4, 2018 Per the applicant's application materials, ..t classes would educate the participants on ; 1 : tactics regarding how to respond to critical o j i 1 incident scenarios, violent intruders, terrorism �,. workplace violence, and other life-threatening situations. Classes would simulate active w _ .1 shooter and other life-threatening scenarios using roleplaying, laser vests and laser guns I similar to "Laser Tag". All classes would teach 1 _ Federal Emergency Management Agency 0 r (FEMA) approved tactics, and would be 1.I conducted indoors. All instructors would be current or former law ""s.as si trao.d.. enforcement, United States military personnel, and/or United States Conceal Carry Association (USCCA) certified instructors. No activities would take place on the exterior of the commercial space. No firearms would be used Atm: :> for training nor would be permitted on the premises. Figure 2. Proposed floor plan. The hours of operation would depend on class scheduling, which would be conducted by appointment only. Classes would generally be scheduled between 10:00 am and 8:00 pm Monday through Sunday. Only one class would be offered at any time with a maximum of ten participants per class. Each class would be thought by a maximum of two employees. The applicant is not proposing to make any changes to the existing commercial space other than installation of a new fire alarm system. The space includes two separate"classroom-ready"areas. The applicant plans to utilize set"furniture" pieces on wheels to create various real life scenarios similar to a stage or a movie set. The applicant plans to use frosted/tinted windows so that the public would not be able to see inside of the premises. The proposed tactical laser training school is classified as an"other school and educational service use, which is listed as a conditional use in the PNB Planned Neighborhood Business District Ordinance No. G21-98 and requires 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: - 3 - Recommendation & Findings of Fact Petition 14-18 June 4, 2018 A. Property History.The subject property was annexed to the city in 1970.Upon annexation, the property was zoned B1 Retail Business District. In 1992, it was rezoned to PNB Planned Neighborhood Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. In 1998, the property was reclassified into a new PNB Planned Neighborhood Business District by Ordinance No. G21-98 to allow for the construction of the existing building. Later in 1998, Ordinance No. 100-98 granted conditional use approval for the existing motor vehicle repair shop(Bungee's) at 826 S. McLean Boulevard. In 2000, Ordinance No.G71-00 granted approval for a package liquor sale establishment (liquor store) at 824 S. McLean Boulevard, and in 2013 Ordinance No. G35-13 amended PNB Ordinance No. G21-98 to allow for the construction of an above ground propane tank in the street yard for Bungee's Tire and Auto repair shop. B. Surrounding Land Use and Zoning. The property to the north across College Green Drive is zoned PNB Planned Neighborhood Business District and is improved with two multi-tenant one-story commercial buildings. Existing tenants include a restaurant, retail cleaner's service, a martial arts school, and Fox Valley Shooting Range (currently under construction). The property to the south across Torrey Pines Drive is zoned NB Neighborhood Business District and is improved with a one-story commercial building home to Armanetti's Wine and Spirits liquor store. The property to the east across S. McLean Boulevard is zoned ORI Office Research Industrial District, but is improved with several mobile home dwellings. The properties adjacent to the west are zoned RC1 Residence Conservation District and are improved with single-family residences part of the College Green Subdivision. C. Comprehensive Plan. The subject property is designated as"Neighborhood Mixed-Use" by the City's 2005 Comprehensive Plan (the proposed comprehensive plan that was recently recommended for approval by the Planning and Zoning Commission designates the property as Neighborhood Commercial). Neighborhood Mixed-Use Centers are designed to meet the daily "convenience" goods and service needs of residents in immediately adjacent neighborhoods. Their size would not generally exceed 10-30 acres, and would 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. Too numerous to indicate on the Land Use Plan Map (except for existing locations), neighborhood mixed-use centers should be specifically located and mapped in the course of more focused planning efforts and development review. - 4 - Recommendation & Findings of Fact Petition 14-18 June 4, 2018 D. Zoning District. The purpose and intent of this PNB Planned Neighborhood Business District is to provide for a planned commercial area supplying daily convenience commodities and services to a neighborhood population. A PNB zoning district is most similar to,but departs from the standard requirements of the NB zoning district. E. Trend of Development. The subject property is located on the west side of S. McLean Boulevard between College Green Drive to the north and Torrey Pines Drive to the south. The subject commercial space is located at the northeast corner of the 46,000-square foot building near the intersection of S. McLean Boulevard and College Green Drive. Most properties along S. McLean Boulevard are improved with commercial, light industrial, or warehousing buildings and uses. Due to the improved access interchange at Illinois Route 20 and S. McLean Boulevard and the most recent trend of light manufacturing and warehousing development, future development along this part of the corridor is expected to attract and cater to tenants serving the larger regional population. Most recent activity in the area includes the 2017 approval of the Fox Valley Shooting Range at 780 S. McLean Boulevard which is currently under construction. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 14-18 on June 4,2018. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings&Recommendation to the Planning&Zoning Commission dated June 4, 2018. 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, vegetation, and existing improvements.The proposed use will occupy an existing 2,840-square foot,vacant commercial space at the northeast corner of the existing multi-tenant shopping center building. The applicant would complete only minor interior renovation to install a new fire alarm system,and is not proposing to make any exterior changes to the building or the site, except for new signage. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the - 5 - Recommendation & Findings of Fact Petition 14-18 June 4,2018 proposed conditional use. 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 to make any changes to the existing sewer and water utilities or to the storm water control facilities.The existing sewer, water, and storm water facilities can adequately service the proposed use. 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 4.5 acre property is improved with a 46,000-square foot, multi-tenant shopping center building. The property includes one full access driveway to College Green Drive on the north end and one full access driveway to Torrey Pines Drive on the south end of the property. A third right-in and right-out only access driveway to S. McLean Boulevard is located near the middle of the property. With the proposed Tactical Laser Training school, only 18,813 square feet of the existing building (40%) would be occupied. The property currently maintains efficient on-site and off-site traffic circulation. The proposed use would operate by appointment only with a maximum capacity of 10 students per class (with only one class at the same time), and will not have any negative effect on the existing traffic circulation in the area. Per the zoning ordinance, the parking requirement for the proposed tactical laser training school is one parking space per ten students, plus one parking space per employee. Based on the maximum of ten students per class and the maximum of two employees, the proposed use is required to provide only three parking spaces. With the existing mix of uses on the property and the proposed training school, the property is required to have a total of 70 parking spaces. With a total of 146 parking spaces existing, the property will continue to meet the parking requirement. 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. - 6 - Recommendation & Findings of Fact Petition 14-18 June 4, 2018 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. The applicant is not proposing to make any exterior changes to the building or the site, except for new, compliant signage. The existing 2,840-square foot tenant space can adequately accommodate the proposed use. The applicant would operate one class at the time, with a maximum of ten students in class. The hours of operation would be by appointment only between 10:00 am and 8:00 pm Monday — Sunday. 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 use would not have any negative effect on the surrounding uses and properties. 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. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 14-18, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Tactical Laser Training, Inc. / Todd Thiede, as applicant, and Spartan-Elgin, LLC, as property owner, received April 12, 2018, and supporting documents including: a. Undated Rider Statement of Purpose and Conformance,received April 11, 2018; b. Alta/ACSM Land Title Survey,prepared by Gerald Sopha Illinois Professional Land Surveyor, dated October 31, 2005, revised November 2, 2005; and c. Undated Floor Plan, received April 11,2018. 2. No firearms shall be used as part of the training courses, and no firearms shall be stored or sold on the premises. 3. All street graphics must comply with the zoning ordinance requirements. 4. Compliance with all applicable codes and ordinances. - 7 - Recommendation & Findings of Fact Petition 14-18 June 4, 2018 The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to the conditions outlined above,was five(5)yes,zero(0)no,and zero(0)abstentions. Two members were absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning& Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission - 8 - - -r.. Hoffer Dr , , . , N 4-.,r• ,. .ik old iifmmor Sports Way 4 illbv eo< \. s sc Subject Property _ Petition 14-18 i 111 . . = . eb ��'V, �eee�',� 0i % _�1111111I111► a��. 11111, A vow 1/111ium. �o ;i 11111110 . ., �� ♦ �0?lit illimulti 21-‘...- _ y•, , % 91nesr jØ• VII .1111 Nei BB *‘1 • /I .0 110ass Ct StAndrewCir4, /\\NINht. 41 L5iIUPD. EXHIBIT A Aerial/Location Map ` "4-E Map prepared by Cityof Elgin o 100 200 400 600 800 Feet Department of Community Development PC•F a PCF Subject Property @II Petition 14-18 PNB 111111111,, Igo al /11 P ' . �b% '/�i� air� PORI OWeeacy / Iki1IIII4p * 111111 =oili x/11111PRCiii 'Goo 0` 11 lig etaok • Legend ORI 01 O RC1 Residence Conservation 1 A `` . - QRC2 Residence Conservation 2 NI ■ RC3 Residence Conservation 3 - - Torrey Pines Dr OPRC Planned Residence Conservation OSFR1 Single Family Residence 1 . O PSFR1 Planned Single Family Residence 1 : NB PORI Q SFR2 Single Family Residence 2 ' ' OPSFR2 Planned Single Family Residence 2 ' ' �. QTRF Two Family Residence ,,.' O PTRF Planned Two Family Residence Illh, I ' $eYVg/ese Ct 01 MFR MultipleaFamily Residence I,,,', Mil PMFR Planned Multiple Family Residence ORBRPe Business PR 1111„' PRB Planned Residential Business lail NB Neighborhood Business 11 Crispin Dr -PNB Planned Neighborhood Business AB Area Business !JuIff PAB Planned Area BusinessCC1 Center City 1111'CC2 Center City 2PCC Planned Center CityRI ffice Research Industrialo o PRC PORI Planned Office Research Industrial , ORI � aIIIM -GI General Industrial `�\ =PGI Planned General Industrial , , � cm Cl Commercial Industrial ,, -CF Community Facility ,, 4 -PCF Planned Community Facility i ! [IL! NB EXHIBITB Zoning Map +I Map prepared by City of Elgin 0 100 200 400 600 800 Department of Community Development Feet Subject Property II 812 S. McLean Blvd. Petition 14-18 College Green Dr CO J 0627101013 D I 0 co Torrey Pines Dr EXHBIIT C Parcel Map A City of Elgin 0 20 40 80 120 160 Department of Community Development Feet EXHIBIT D SITE LOCATION 812 S. McLean Blvd. Petition 14-18 '4,I 1 , , — • . I ,1, i • • ' _AN1111111111111101.11110111 4 1./.1. 1••• e.g.' Itliiit ..) • \ • • 1 A 4....-=-• *-3--.- . , . mirammis 11c. .4. ..2., . . lib -ai a, a... . . ..,, vill• • *Mir oft i wiptei -- -- ,..„,..i r.1 -. Obit '',./ A 131101 . ' • l - •• # #1 ' -••••••• Bird's Eye View Looking North Subject Storefront r • e 111111 ,, ... • • I.- . ... r • wromm --mminkr w . Ap • Itit'S • .N ' • ..: • , •.... t., --, • • .. _ ., _ . •• - Bird's Eye View Looking South EXHIBIT D SITE LOCATION 812 S. McLean Blvd. Petition 14-18 lin11r -.411111rt-watt. Northeast elevation — subject commercial space EXHIBIT D SITE LOCATION 812 S. McLean Blvd. Petition 14-18 j 4. T _ L- .• IIIF---. North elevation of the commercial space " . East elevation of the commercial storefront EXHIBIT D SITE LOCATION 812 S. McLean Blvd. Petition 14-18 4. f � .a , .i ,et ' i+r . v, • it r .,. .„ ,., . e.• • ' .1 , PP -4111Illbt ..,..,.."3E- 42.11.11111** North elevation of the shopping center r t East elevation of the shopping center EXHIBIT D SITE LOCATION 812 S. McLean Blvd. Petition 14-18 IMO A AA • • 4,r• 4 y 4drammsia immmoamumouimiit. rT 4.41 ` Bungee's Tire and Auto at the southeast corner of the shopping center