G26-10 (2) Ordinance No. G26-10
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY
IN THE PAB PLANNED AREA BUSINESS DISTRICT
(1350 East Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for a
physical fitness facility in the PAB Planned Area 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 with 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 May 5, 2010, 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 physical fitness
facility in the PAB Planned Area Business District at 1350 East Chicago Street and legally
described as follows:
That part of Section 17 and Section 20, both in Township 41 North, Range 9 East
of the third principal meridian, described as follows: commencing at the
northwest corner of the southwest quarter of aforesaid Section 17 and running
thence North 87 degrees 51 minutes 25 seconds East, along the North line of said
southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East
863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet;
thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64
degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1
minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8
seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East,
70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42
seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park
Road) as said road was dedicated by document no. 11200329; thence North 85
degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence
South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North
83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4
degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0
minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46
seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West,
10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded
to the people of the State of Illinois, Department of Transportation, by deed
recorded August 5, 1998 as Document Number 98688397 more specifically
described as follows: that part of the northwest quarter of Section 20, Township
41 North, Range 9 East of the third principal meridian, in Cook County, Illinois
described as follows: commencing at the northwest corner of said northwest
quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet
(bearings assumed for description purposes only) along the north line of said
northwest quarter to the west right of way of Shales Parkway (Lovell Road) as
established by document no. 88486058; thence south 9 degrees 48 minutes 16
seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees
26 minutes 10 seconds west 36.64 feet, along said right of way line for the point
of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west,
20.00 feet, along said west right of way to the north right of way line of Chicago-
Elgin Road (Illinois Route 19) as established by document no. 11200329; thence
south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of
way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the
point of beginning: also excepting there from that part dedicated for public street
(a portion of Philips Way) by plat of dedication recorded June 7, 1990 as
Document No. 90267579 more particularly described as follows: beginning at the
northwest corner of the subject land; thence south 85 degrees 33 minutes 12
seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46
seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured
perpendicular, easterly of and parallel with a line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence south 03 degrees 59
minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence
south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described
line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59
minutes 42 seconds east from the point of beginning; thence north 03 degrees 59
minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of
beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57
acres more or less (Property commonly known as 1350 East Chicago 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 Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a
Snap Fitness, dated received March 25, 2010 and last revised April 16, 2010.
2. The physical fitness facility will be restricted to the tenant spaces at Suites 8, 9, and 10
located within the Highpoint Plaza Shopping Center at 1350 East Chicago Street.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
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: June 9, 2010
Passed: June 9, 2010
O
Omnibus Vote: Yeas: 5 Nays: 0 '
Recorded: June 10, 2010
Published: June 11, 2010 . Y
Attest: `J
Diane Robertson, City C rk
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May 5, 2010
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 07-10 Requesting a Conditional Use in the PAB Planned Area
Business District, to Permit the Establishment of a Physical Fitness Facility; Property Located at
1350 East Chicago Street, by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a
Snap Fitness, as Applicant, and Dearborn Construction and Development, Ltd., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PAB Planned Area Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 1350 East Chicago Street
Applicant: Todd Simonsen's New Athletic Place, L.L.C., d/b/a Snap Fitness
Owner: Dearborn Construction and Development, Ltd.
Staff Coordinator: Denise Momodu, Associate 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. Environmental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a
Snap Fitness, requesting a conditional use to permit the establishment of a physical fitness
facility in the PAB Planned Area Business District. The subject property is located at 1350 East
Chicago Street (reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a physical fitness facility at the subject property. The
proposed facility will occupy 3,000 square feet within three vacant tenant spaces in the
Highpoint Plaza Shopping Center. The facility will operate 24 hours a day, 7 days a week.
Physical fitness facilities are conditional uses in the PAB Planned Area Business District, and
require a public hearing and City Council approval (reference Exhibits F, G, and H).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 07-10 on May 5, 2010. 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 April 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: Outside City Limits
1962: Outside City Limits
1992: B4 General Service Business District
Present: PAB Planned Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed and zoned B4 General Service Business District in
1988 as part of the Woodland Creek Subdivision Annexation. The subject property was
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
rezoned to CI Commercial Industrial District as part of the comprehensive amendment to
the zoning ordinance in 1992. In 2006 it was reclassified from CI Commercial Industrial
District to PAB Planned Area Business District to provide for the development of the
shopping center.
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 area located to the north of the subject property is zoned PRC Planned Residence
Conservation District, and is improved with single family residential homes. The areas to
the west and south are zoned CI Commercial Industrial District, and are improved with
automobile sales and service related uses.
The area to the east lies within unincorporated Cook County and is comprised of the
Commonwealth Edison right-of-way and vacant land.
C. Trend of Development Standard. The suitability of the subject property for the
f"' 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 in an area developed primarily with commercial uses with
residential uses to the north.
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 PAB Planned Area Business district is to provide commodities and
services to several neighborhoods, and in some instances to a communitywide or regional
supporting population. PAB zoning districts are limited by the applicable site design
regulations to an intermediate scale of development relative to NB Neighborhood
Business districts and the CCI Center City district.
The purpose and intent of the ARC Arterial Road Corridor Overlay district is to promote
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
and facilitate the implementation of the objectives, policies, and strategies of the city of
Elgin "Comprehensive Plan." The ARC zoning district is a zoning overlay district, and
accordingly, the property located within the district shall also be subject to the regulations
of the underlying zoning district in which it is located.
A physical fitness facility is classified as a conditional use in this PAB Planned Area
Business District. The proposed business is in keeping with the intent of the PAB
district. The proposed business will provide for a physical fitness facility to the
surrounding area, operating 24 hours a day, 7 days a week, and will provide areas for
clients to exercise and work out. The peak hours of the facility will be 6:30am-8:30am
and 7:OOpm-10:00pm Monday thru Friday. The average number of users of the facility
during peak hours is expected to be between 12-14 persons for a total not exceeding 23
persons. Showers and locker rooms will be provided on the premises.
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 4.57 acre commercial subdivision commonly
known as High Point Plaza Shopping Center. The shopping center was developed in
2006, with a 33,000 square feet commercial building, containing 32 tenant spaces, and
off-street parking. The proposed 3,000 square foot physical fitness establishment will
occupy three vacant tenant spaces 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. The design of stormwater management systems is in compliance with
the Kane County Stormwater Ordinance.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
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 subject property is located at the northwest corner of East Chicago Street and Shales
Parkway and has frontage along East Chicago Street. The site has two points of access
which include a right-in/right-out access drive along East Chicago Street and a full access
drive along Shales Parkway.
East Chicago Street is an arterial street serving the east side of Elgin. Shales Parkway is
a collector street serving the neighborhoods in the vicinity of the commercial center.
Off street parking is 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.
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Findings. The subject property is suitable for the intended conditional use with respect
to the Comprehensive Plan Standard.
The subject property is designated "Highway Commercial"by the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Highway Commercial
typically serve surrounding neighborhood areas, but also larger trade areas connected by
the arterial street system. They may include all of the commercial uses found in the
mixed-use centers. In addition, they typically include highway-serving uses such as fast
food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores,
and other stand alone retail uses. These commercial areas are generally auto dominated
with few pedestrian amenities.
The proposed land use is in keeping with the objectives and policies of the "Highway
Commercial" comprehensive plan designation.
E. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated to
promote the purpose and intent of this title and chapter.
Findings. The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
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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
physical fitness facility at 1350 East Chicago Street will allow the applicant to offer
physical fitness services to the residents in the surrounding neighborhoods.
13. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
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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 07-10. 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 Todd Simonsen, Simonsen's New Athletic Place, L.L.C., d/b/a
Snap Fitness, dated received March 25, 2010 and last revised April 16, 2010.
2. The physical fitness facility will be restricted to the tenant spaces at Suites 8, 9, and 10
located within the Highpoint Plaza Shopping Center at 1350 East Chicago Street.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. Compliance with all applicable codes and ordinances.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 07-10 May 5, 2010
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Therefore,the motion to recommend approval of Petition 07-10 was adopted.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/Denise Momodu
Denise Momodu, Secretary
Zoning and Subdivision Hearing Board
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