G11-12 Ordinance No. G11-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTORCYCLE DEALERSHIP
IN THE CCl CENTER CITY DISTRICT
(227 DuPage Street)
WHEREAS, written application has been made requesting conditional use approval for a
motorcycle dealership in the CC1 Center City 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 February 15. 2012, 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 motorcycle
dealership in the CC 1 Center City District at 227 DuPage Street and legally described as follows:
LOT 3 AND THAT PART OF LOT 12 LYING EASTERLY OF THE RIGHT
OF WAY OF THE CHICAGO AND NORTH WEST RAILWAY COMPANY,
ALL IN BLOCK 12 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST
SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS. (Property commonly known as 227 DuPage 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 Brian Martin for SHG, LLC, dated received January 19, 2012.
In the event of any conflict between such Statement of Purpose and Conformance and
attachments and this ordinance or other applicable city ordinances, this ordinance or other
applicable city ordinances shall supersede and control.
2. Substantial Conformance to the following exhibits submitted and prepared by Brian
Martin for SHG. LLC.
a. Exhibit A Fire safety Inspection Elgin Fire Department
b. Exhibit B Code Inspector comments
C. Exhibit C 1 Upper level floor plan
d. Exhibit C2 Lower level floor plan
• e. Exhibit D1 Plat of Survey
f. Exhibit D2 Sidwell map
g Exhibit D3 Photo of front elevation & aerial photo
In the event of any conflict between such exhibits and other applicable city ordinances,
such other applicable city ordinances shall supersede and control.
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.
David J. K ain, ayor
• Presented: March 7, 2012
Passed: March 7, 2012
Omnibus Vote: Yeas: 5 Nays: 0 °
Recorded: March 7, 2012 as
Published: March 9. 2012
Attest: +� J
o ,
6AA- %ct4 _
Kimberly Dewis, C ty Clerk
• - 2 -
r
t: February 15, 2012
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 09-12 Requesting a Conditional Use in the CCl Center City District,
to Permit the Establishment of a Motorcycle Dealership; Property Located at 227 DuPage Street,
by Brian Martin for SHG, LLC., as Applicant, and KMA Holdings, LLC., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
Existing Use: Vacant Commercial Tenant Space
Property Location: 227 DuPaae Street
• Applicant: Brian Martin for SHG. LLC.
Owner: KMA Holdings. LLC
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. 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 09-12 February 15, 2012
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Brian Martin for SHG, LLC, requesting a conditional use to
permit the establishment of a motorcycle dealership in the CC1 Center City District. The subject
property is located at 227 DuPage Street (reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a motorcycle dealership at the subject property. The
proposed facility will occupy 12,500 square feet. The facility will operate Monday thru
Thursday from 10:00 am to 7:00 pm, Friday from 10:00 am to 6:00 pm and Saturday from 10:00
am to 4:00 pm. They will be selling new and used motorcycles, personal watercraft (Jet Skis),
ATV's, UTV's (side by sides), parts, accessories and service. They will have approximately 5
full time and 2 part time employees. The move to this new location will allow geographic
continuity to their existing customers, and the increased floor space will allow them to manage
growth and/or additional product lines like Suzuki, Yamaha, Triumph, or others. This relocation
will allow them to add the Honda franchise tag to their current operations.
Motorcycle dealers are conditional uses in the CC1Center City 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 09-12 on. February 15, 2012. Testimony was
presented at the public hearing in support of the application. No objectors were present. The
Community Development Department submitted a Conditional Use Review dated February 15,
2012.
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: E Commercial District
1950: E Commercial District
1960: D Commercial District
• 1962: B2 Central Business District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 09-12 February 15, 2012
1992: B2 Central Business District
Present: CC 1 Center City District
The subject property was part of the original plat of Elgin which was laid out in 1842 by
James Gifford. The property was reclassified in 1992 to CC1 Central District as part of a
comprehensive amendment to the zoning ordinance.
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 surrounding the subject property are zoned CC1 Center City District and
developed with a mix of commercial and residential uses.
The property to the south is developed with a city owned parking structure and surface
lot.
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 an area which is developed with a mix of
commercial,residential and service related 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 CC1 Center City District is to facilitate the implementation of the
official comprehensive plan for the center city, 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 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 09-12 February 15, 2012
A motorcycle dealership is classified as a conditional use in this CC 1 Center City
District. The proposed business is in keeping with the intent of the CC 1 district.
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 consisting of approximately 0.32 acres is located within the Center
City District, and contains one building. A paved vehicle use area is located at the south
end of the property.
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.
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 project is bounded on the north by Du Page Street, on the south by Fulton Street. To
the west is South Spring Street and to the east is Villa Street. These are local roads that
serve the subject property and form the basis of the urban grid that has been established
within the city.
Off-street parking is not required to be provided in the CC 1 district.
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
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 09-12 February 15, 2012
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 "Community Mixed Use" in the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Commercial Mixed Use
provides focus, identity, and convenient goods and services as well as some employment,
for a number of surrounding neighborhoods in a larger trade area. The ideal community
mixed use center should be between 30-100 acres of commercial, office, entertainment,
medium density residential, and institutional uses accessed by arterial streets and transit
services. The center would have parcels and buildings scaled to pedestrians, small enough
to encourage parking once and walking to more than one destination. Off-street parking is
shared and on-street parking helps to contribute to the intimate scale of well functioning
pedestrian environments. Parking located between and behind buildings permits people
too walk more safely and comfortably between uses that front sidewalks rather than large
parking lots. Seating and shade along pedestrian routes promotes walking and informal
gathering.
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
i
• 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.
F. 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. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The subject property is not located within a designated historic district.
•
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Findings of Fact Zoning and Subdivision Hearing Board _
• Petition 09-12 February 15, 2012
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 motorcycle
dealership at 227 DuPage Street will allow the applicant to occupy 12,800 square feet of
commercial space which will allow them to continue to sell new and used motorcycles,
personal watercraft (Jet Skis), ATV's, UTV's (side by sides), parts, accessories and
service. The move to this new location will allow geographic continuity to their existing
customers, and an increase of floor space will allow them to manage growth and/or
additional product lines like Suzuki, Yamaha, Triumph, or others. This relocation will
allow them to add the Honda franchise tag to their current operations.
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 09-12. On a
motion to recommend approval of the conditional use, subject to the following conditions, the
vote was four(4) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Brian Martin for SHG, LLC, dated received January 19, 2012.
2. Substantial Conformance to the following exhibits submitted and prepared by Brian
Martin for SHG, LLC.
a. Exhibit A (Fire safety Inspection Elgin Fire Department)
b. Exhibit B (Code Inspector comments)
C. Exhibit C1 Upper level floor plan
d. Exhibit C2 Lower level floor plan
e. Exhibit D1 (Plat of Survey)
£ Exhibit D2 Sidwell map
g. Exhibit D3 (Photo of front elevation & aerial photo)
•
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 09-12 February 15, 2012
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.
Therefore, the motion to recommend approval of Petition 09-12 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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