G62-09 i
Ordinance No. G62-09
•
ORDINANCE
GRANTING A CONDITIONAL USE FOR A MARTIAL ARTS INSTRUCTION FACILITY
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(1100-1120 South Street)
WHEREAS, written application has been made requesting conditional use approval for a
martial arts instruction facility in the NB Neighborhood Business District; and
WHEREAS; the Zoning and Subdivision Hearing Board conducted a public hearing after
due notice by publication and has submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Zoning and Subdivision Hearing Board.
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 November 4, 2009, made by the Zoning and Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
• Section 2. That a conditional use to permit the establishment of a martial arts
instruction facility in the NB Neighborhood Business District at 1100-1120 South Street and
legally described as follows:
Lots 9, 10, 11, 12, 13 and 14 of Block 54 of South Washington Heights
Subdivision Plat of Lot 2, being a Subdivision of Part of the Northeast Quarter of
Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, in
Kane County, Illinois (Property commonly known as 1100-1120 South Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts
Training, dated received October 9, 2009.
2. Martial arts instruction facility shall be limited to the tenant space at 1 108 South Street.
3. Parking lot to be striped prior to issuance of Certificate of Occupancy.
4. Compliance with all applicable codes and ordinances.
• Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
Ed Schock, Mayor
Presented: November 18; 2009
Passed: November 18, 2009
Vote: Yeas: 7 Nays: 0
Recorded: November 19, 2009 '
Published:
Attest: US
Diane Robertson. City lerk
•
•
November 4, 2009
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 29-09 Requesting a Conditional Use in the NB Neighborhood Business
District, to Permit the Establishment of a Martial Arts Instruction Facility; Property Located at
1100-1120 South Street, by Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts Training
Academy, as Applicant, and William Linnemann and Valerie Gervais, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: NB Neighborhood Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 1100-1120 South Street
• Applicant: Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts Training
Owners: William Linnemann & Valerie Gervais
Staff Coordinator: Dave Waden, Senior Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Enviromnental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
EXHIBIT A
Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
•
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondences (see attached)
BACKGROUND
An application has been filed by Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts
Training, requesting a conditional use to permit the establishment of a martial arts instruction
facility in the NB Neighborhood Business District. The subject property is located at 1100-1120
South Street. (Reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a martial arts training academy at the subject property. The
proposed use will occupy 2,200 square feet of vacant tenant space in the Sunset Shopping
Center. The proposed use is a conditional use in the NB Neighborhood Business zoning district,
and requires a public hearing and City Council approval. (Reference Exhibits F, G, H and I.).
GENERAL FINDINGS
The Zoning and Subdivision Hearing Board has made the following general findings:
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 29-09 on November 4, 2009. Testimony was
presented at the public hearing in support of the application. No objectors were present. The
Community Development Group submitted a Conditional Use Review dated October 30, 2009.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped
or unused in its current zoning district.
Findings. The subject property is suitable for the intended conditional use with respect
to the length of time the property has remained undeveloped or unused in its current
zoning district.
1927: Outside City Limits
1950: Outside City Limits
1960: Commercial
• 1962: B1 Retail Business District
2
Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
• 1992: B1 Retail Business District
Present: NB Neighborhood Business District
The subject property was annexed in 1956 as part of the South Washington Heights
subdivision and was zoned commercial. The subject property was rezoned to AB Area
Business District as part of the comprehensive amendment to the zoning ordinance in
1992.
B. Surrounding Land Use and Zoning Standard. The suitability of the subject property
for the intended conditional use with respect to consistency and compatibility with
surrounding land use and zoning.
Findings: The subject property is suitable for the intended conditional use with respect
to consistency and compatibility with surrounding land use and zoning.
The areas to the north, south and west of the subject property are zoned RC2 Residence
Conservation District. These areas are developed as single family residential.
The area to the east is zoned CF Community Facility and is the location for the Wesley
United Methodist Church.
• C. Trend of Development Standard. The suitability of the subject property for the
intended conditional use with respect to its consistency with an existing pattern of
development or an identifiable trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to
the trend of development standard.
The subject property is located within a neighborhood business district that offers
business, personal services and retail uses.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the provisions for the purpose and intent,
and location and size of the zoning district.
Findings: The subject property is suitable for the intended conditional use with respect
to conformance to the provisions for the purpose and intent, and location and size of the
zoning district.
The purpose of the NB Neighborhood Business District is to provide for commercial
areas daily convenience commodities and services to a neighborhood population. The
scale of development of an NB zoning district is limited by the applicable site design
regulations due to its function and resulting close proximity to residences.
is
3
Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
• The proposed business will provide for a mixed martial arts training academy. The
facility is proposed to operate between the hours of 10 am to 10 pm daily, and will
provide an affordable, high quality work outs and self defense training to men, women
and young adults with an emphasis on afterschool training programs.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning
the 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
the site characteristics standard.
The subject property is comprised of a 0.88 acre commercial subdivision commonly
known as Sunset Shopping Center. The shopping center is developed with commercial
buildings and off-street parking. The proposed 2,200 square foot mixed martial arts
• training academy and will occupy a vacant tenant space within the existing commercial
building.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings: The subject property is suitable for the intended conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water
control facilities.
C. Traffic and Parking Standard. The availability of the subject property for the intended
conditional use with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
Findings: The subject property is suitable for the intended conditional use with respect to
the traffic and parking standard.
The tenant space is located within the Sunset Shopping Center and is bounded by Aldine
Avenue to the west Alfred Avenue to the east, South Street on the south. Access to the
• subject property is allowable from the three listed public streets.
4
Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
•
Off street parking will be provided in conformance with the off street parking ordinance.
D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings: The subject property is suitable for the intended conditional use with respect
to the Comprehensive Plan Standard.
The subject property is designated as Neighborhood Mixed Use Center by the City's
Comprehensive Plan and Design Guidelines dated 2005. Neighborhood Mixed Use
Centers are designed to meet the daily "convenience" goods and service needs of
residents in immediately adjacent neighborhoods. There size would not generally exceed
10 to 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.
• E. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated to
promote the purpose and intent of this title and chapter.
Findings: The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
No evidence has been submitted or found that the proposed conditional use will be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes: Approval of the requested conditional use to establish the proposed
• mixed martial arts training academy at 1100 — 1120 South Street will allow the applicant
i
5
Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
• to offer provide an affordable, high quality work out and self defense training to men,
women and young adults with an emphasis on afterschool training programs to the
residents in the surrounding neighborhoods.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval, a denial, or an approval with some combination of conditions,
there are no substantive alternatives.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 29-09. On a
motion to recommend approval of the conditional use, subject to the following conditions, the
vote was five (5) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose and Conformance and
• attachments, submitted by Javier Rocha, d/b/a Chicago Unified Mixed Martial Arts
Training, dated received October 9, 2009.
2. Martial Arts instruction facility shall be limited to the tenant space at 1108 South Street.
3. Parking lot to be striped prior to issuance of Certificate of Occupancy.
4. Compliance with all applicable codes and ordinances.
I
Therefore, the motion to recommend approval of Petition 29-09 was adopted.
Respectfully Submitted,
s/ Jack Roder
Jack Roder, Chairman Pro Tem
Zoning and Subdivision Hearing Board
s/ Sarosh Saher
Sarosh Saher, Secretary
• Zoning and Subdivision Hearing Board
6
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Findings of Fact Zoning and Subdivision Board
Petition 29-09 November 4, 2009
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Petition 29-09
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Petition 29-09 November 4, 2009
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