G18-12 Ordinance No. G18-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(730 A West Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for a
physical fitness facility in the NB Neighborhood Business District; and
WHEREAS, the Planning and Zoning Commission 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 & Subdivision Hearing Board, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
r Section 2. That a conditional use to permit the establishment of a physical fitness
facility in the NB Neighborhood Business District at 730 A West Chicago Street and legally
described as follows:
THE WESTERLY 50 FEET OF LOT 12 IN BOSWORTH'S ADDITION TO ELGIN, IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND THE SOUTHERLY 100
FEET OF THE WESTERLY 146.00 FEET AND THE EASTERLY 158 FEET OF THE
SOUTHERLY 270 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF
SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: PART OF LOT CXV OF COUNTY
CLERK'S SUBDIVISION OF THE CITY OF ELGIN, AND PART OF LOT 3,
THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 3 AND THE
NORTHERLY LINE OF LOT 3 EXTENDED 125 FEET, THENCE SOUTH
PARALLEL WITH THE WEST LINE OF SAID LOT 3, 50 FEET, THENCE
WESTERLY PARALLEL WITH THE NORTH LINE OF LOT 3, 125 FEET TO THE
WEST LINE THEREOF, THENCE NORTHERLY ON THE WEST LINE OF SAID
LOT 3 TO THE PLACE OF BEGINNING.
ALSO PART OF LOT 2 AND 3 IN BLOCK 2 OF S. WILCOX'S ADDITION TO
ELGIN AND PART OF LOT CXV OF COUNTY CLERK'S SUBDIVISION OF THE
CITY OF ELGIN DESCRIBED AS FOLLOWS: STARTING AT A POINT IN THE
WEST LINE OF SAID LOT 3, 50 FEET SOUTH OF THE NORTHWEST CORNER
THEREOF, THENCE PARALLEL WITH THE NORTH LINE OF SAID LOT 3 AND
THE NORTHERLY LINE OF SAID LOT 3 EXTENDED 125 FEET, THENCE
SOUTHERLY PARALLEL WITH THE WESTERLY LINES OF SAID LOTS 2 AND
3, 50 FEET. THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF LOT
3, 125 FEET TO THE WESTERLY LINE LOT 2, THENCE NORTHERLY ON THE
WESTERLY LINES OF LOTS 2 AND 3, 50 FEET TO THE PLACE OF BEGINNING
(EXCEPTING THEREFROM THE FOLLOWING PORTION: THE NORTH 54 FEET
OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH 15 FEET OF THE WEST 85
FEET OF LOT 3). ALL IN BLOCK 2 OF WILCOX'S ADDITION TO ELGIN IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO THAT PART OF LOTS 1 AND 2 IN BLOCK 11 OF S. WILCOX'S ADDITION
TO ELGIN AND PART OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF
SAID LOT 2, 34 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
THENCE EAST PARALLEL WITH THE NORTH LINE AND NORTH LINE
EXTENDED OF SAID LOT 2, 125 FEET, THENCE SOUTH PARALLEL WITH THE
WEST LINE OF SAID LOTS 2 AND 1, 50 FEET, THENCE WEST PARALLEL WITH
EXTENSION OF AND THE NORTH LINE OF SAID LOT 2, 125 FEET TO THE
WEST LINE OF SAID LOT 1 THENCE NORTH ALONG THE WEST LINE OF SAID
LOTS 1 AND 2, 50 FEET TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
ALSO THE NORTH 34 FEET OF THE WEST 85 FEET OF LOT 2 AND THE SOUTH
14 FEET OF THE WEST 85 FEET OF LOT 3 IN BLOCK 11 OF S. WILCOX
ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO BLOCK 1 AND LOT 1 (EXCEPT THE NORTHERLY 18 FEET) IN BLOCK 11
OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID
SECTION 14, THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER 10.90 CHAINS, THENCE SOUTH TO THE NORTHERLY LINE OF
BRIDGE STREET FOR A POINT OF BEGINNING, THENCE WESTERLY ALONG
THE NORTHERLY LINE OF BRIDGE STREET 105 FEET TO ITS INTERSECTION
WITH THE SOUTHERLY LINE OF BLOCK 1 OF S. WILCOX ADDITION TO
ELGIN, AFORESAID, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF
SAID BLOCK 114 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK,
THENCE SOUTHERLY 24 FEET TO THE POINT OF BEGINNING.
ALSO, THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14,
TOWNSHIP AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 14, THENCE WEST ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER 10.90 CHAINS, THENCE SOUTH TO THE
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NORTHEAST CORNER OF BLOCK 1 OF S. WILCOX ADDITION TO ELGIN,
AFORESAID, FOR A POINT OF BEGINNING, THENCE WEST ALONG THE
NORTH LINE OF SAID BLOCK 201 FEET 11 INCHES TO THE SOUTHEAST
CORNER OF LOT 1 IN BLOCK 11 OF SAID S. WILCOX ADDITION, THENCE
NORTH ALONG THE EAST LINE OF SAID LOT 1, 48 FEET TO A POINT 18 FEET
SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1, THENCE EAST
PARALLEL WITH THE NORTH LINE OF SAID LOT 1 EXTENDED 26 FEET TO A
LINE DRAWN PARALLEL WITH 125 FEET EAST OF THE WEST LINE OF LOTS
1, 2 AND 3 (MEASURED ALONG THE NORTH LINE OF SAID LOT 1 EXTENDED)
THENCE NORTH ON SAID PARALLEL LINE TO A POINT 2.98 '/2 CHAINS
NORTH OF THE NORTH LINE OF BLOCK 1, AFORESAID, THENCE EAST,
PARALLEL WITH THE NORTH LINE OF SAID BLOCK 1 TO THE WEST LINE OF
THE TRACT OF LAND CONVEYED TO WM. KIMBALL BY DEED, DATED
SEPTEMBER 14, 1846, AND RECORDED JANUARY 18, 1859 IN BOOK 56, PAGE
508, THENCE SOUTH 2.98 '/2 CHAINS TO THE POINT OF BEGINNING,
EXCEPTING THE NORTH 151.00 FEET OF THE WESTERLY 130.00 FEET OF THE
ABOVE PROPERTY, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
(Property commonly known as 730 A West 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 Mariana Delgado, dated received December 29, 2012. In the
event of any conflict between such Statement of Purpose and Conformance and this
ordinance or other applicable city ordinances, this ordinance or other applicable city
ordinances shall supersede and control.
2. The physical fitness facility will be restricted to the tenant space "A" located within Oak
Tree Plaza at 730 West Chicago Street.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. The property owner shall either move the existing bike rack or install a new bike rack.
Bicycle racks shall be installed in substantial conformance with the Off-Street Bicycle
Parking Ordinance No. G37-11.
5. 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.
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Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
David J. Ka ain, ayor
Presented: April 11, 2012
Passed: April 11, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 11, 2012
Published: April 13, 2012
Attest: `� ..,OF.,. <C
Ufa b(.6&T6 -fr7.
Kimberly Dewis, Cit Clerk . ! `
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February 15, 2012
FINDINGS OF FACT
Zoning& Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 03-12 Requesting a Conditional Use in the NB Neighborhood Business
District, to Permit the Establishment of a Physical Fitness Facility; Property Located at 730 A
West Chicago Street, by Mariana Delgado, as Applicant, and Noel & Tammy Maring, Paul &
Barbara Maring, Keystone Realty Inc., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: NB Neighborhood Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 730 A West Chicago Street
rak Applicant: Mariana Delgado
Owner: Noel &Tammy Maring, Paul &Barbara Maring, Keystone
Realty Inc.
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)
Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Mariana Delgado requesting a conditional use to permit the
establishment of a physical fitness facility in the NB Neighborhood Business District. The
subject property is located at 730 A West 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 2,100 square feet within a vacant tenant space in Oak Tree Plaza.
The facility will operate Monday thru Friday from 8:30 a.m. to 10:30 a.m. and from 5:00 p.m. to
9:00 p.m. as well as Saturday's from 8:00 a.m. to 10:00 a.m. They will be conducting aerobic
classes in the form of"Zumba"classes. There will be approximately 10 to 15 people per class. In
addition, beauty presentations and wellness workshops will be held on Saturday mornings in
order to purchase beauty products such as Avon, Mary Kay, and Jafra as well as health
supplements such as Herbalife from product sales representatives. Staff will be hired to operate
the fitness studio which includes a fitness instructor, a cleaning person and registration person.
Physical fitness facilities are conditional uses in the NB Neighborhood Business District, and
require a public hearing and City Council approval (reference Exhibits F, G, and H). 1111/
GENERAL FINDINGS
After due notice, as required by law, the Zoning & Subdivision Hearing Board conducted a
public hearing in consideration of Petition 03-12 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 Planning and Zoning Commission 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: G Industrial District
1950: F Industrial District
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Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
1960: F Industrial District
1962: M1 Limited Manufacturing
1992: B3 Service Business District
Present: NB Neighborhood Business District
The subject property was originally classified as a G Industrial District in 1927. A
commercial building was built in 1965. The subject property was rezoned to NB
Neighborhood 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 area located to the north of the subject property is zoned PGI Planned General
Industrial District and RC3 Residence Conservation District and is improved with single
family residential homes, commercial uses and offices.
rkilk The areas to the west, and east are zoned RC3 Residence Conservation District, and are
improved single family residential homes.
The area to the south is zoned NB Neighborhood Business District and is improved with
commercial uses and fire station.
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
residential homes, commercial uses, a school and fire station.
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.
rink
3
Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
al."11)
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.
A physical fitness facility is classified as a conditional use in this NB Neighborhood
Business District. The proposed business is in keeping with the intent of the NB district.
The proposed business will provide for a physical fitness facility to the surrounding area
and will conduct aerobic classes, operating Monday thru Friday from 8:30 a.m. to 10:30
a.m. and from 5:00 p.m. to 9:00 p.m. Saturday's from 8:00 a.m. to 10:00 a.m. The
average number of users of the facility during peak hours is expected to be between 10-
15 people.
STANDARDS FOR CONDITIONAL USES
The Planning and Zoning Commission 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 1.45 acre commercial subdivision commonly
known as Oak Tree Plaza. The shopping center was developed in 1965, with a 19,000
square feet commercial building, containing 12 tenant spaces, and off-street parking. The
proposed 2,100 square foot physical fitness establishment will occupy one 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.
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Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
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 West Chicago Street and Union
Street. The site has an access drive off of West Chicago Street and an access drive off of
Union Street.
West Chicago Street is a collector street serving the west side of Elgin. Union Street is a
local 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.
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
5
Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
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.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning & 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 .41
physical fitness facility at 730 A West Chicago Street will allow the applicant to offer ")
physical fitness services 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 & Subdivision Hearing Board recommends the approval of Petition 03-12. 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 Mariana Delgado, dated received December 29, 2012.
2. The physical fitness facility will be restricted to the tenant space "A" located within Oak
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Findings of Fact Zoning& Subdivision Hearing Board
Petition 03-12 February 15, 2012
Tree Plaza at 730 West Chicago Street.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. Staff will assist the property owner to either move the existing bike rack or install a new
bike rack. Bicycle racks shall be installed in substantial conformance with the Off-Street
Bicycle Parking Ordinance No. G37-11.
5. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 03-12 was adopted.
s/ Robert Langlois
Robert Langlois, Chairman
Planning and Zoning Commission
s/Denise Momodu
Denise Momodu, Secretary
Planning and Zoning Commission
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Petition 03-12
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SITE PHOTOS
730 A West Chicago Street
PETITION 03-12
7
4..... View looking west at subject property View looking northeast at subject property
View looking south from subject property View looking east at subject property
EXHIBIT F-1
SITE PHOTOS
730 A West Chicago Street
PETITION 03-12
t
t
View looking Northwest at subject site View looking South from subject site
ax
' r E_ 1 , •
` = T ,
View looking East from subject site View looking North at from subject site
EXHIBIT F-2
OF E4 , Application Number 63- /a
c' k, �� f Annexation, Zoning, and Subdivision
RECEIVED
i, z : �� Development Application DEC 29 2011
,, ,-,- t� ,,.��: Community Development Group
4', rED F S" City of Elgin CITY OF ELGIN
DM
Subject ..
Property Address 1/ 3 0 / 0)' �. ic.( U SS /a / /
(Attach Legal D ption)
Present Zoning Ni r3 Property Size acres/sq ft
Applicant J A/410
Applicant Name ._ /
Address / /2,A.21.-f/ C7
Primary Contact +_ _ - " �/• Day Phon: g( - so
Fax E- mail . Z�a All. . ,. .,.. .
i .
Owner A/ F- T m m/ Y14‘.441 1" U
Owner Name POLL( j4' Al-r6v.� ,kjvc•bay Phone 7-9 3// ski te-
rir f Sto Rein it , l
t Address ¢ . :5�r-,itA ���II E/j;...4./ , G., c e..)/..,Z
fl
Requested ❑ Annexation
Action(s) ❑ Annexation Agreement
❑ Variation (Specify Section)
❑ Map Amendment (Specify Requested Zoning)
'Conditional Use (Specify Use) fl}ce`,? c 7 r- ( 1i,t.,„_, ,S,c-,•,
f❑ Planned Development (Specify Requested Zoning)
❑ Master Concept Plan
❑ Text Amendment (Specify Section)
❑ Preliminary Plat of Subdivision
❑ Final Plat of Subdivision
❑ Conceptual Plan Review
❑ Appeal (Specify)
AN Equipment Please indicate if you intend to use the following during the Public Hearing:
❑ Overhead projector
❑ PowerPoint presentation
(If applicable:Properties within a Historic District must give the Heritage Commission 30 Days notice prior to Public Hearing) ,
Application Fee Schedule .
Annexation Preliminary Plat of Subdivision
o$3,660.00 Property Less Than 10 Acres ❑$6,885.00 Property Less Than I0 Acres
o$4,890.00 Property 10-99.99 Acres o$9,495.00 Property 10-99.99 Acres
o$ 6,085.00 Property 100+Acres . . ;_o.$9,745.00 Property 100+Acres
Annexation Agreement Review Fee Map Amendment
o$ 1,230.00 Property Less Than 10 Acres ❑$ 800.00 Property Less Than 10 Acres
o$ 6,085.00 Property 10-99.99 Acres o$ 1,100.00 Property 10-99.99 Acres
o$ 12,170.00 Property 100+Acres o$ 1,460.00 Property 100+Acres
Planned Developments Variation
❑$ 1,035.00 As a Conditional Use o$250.00 Property Less Than 10,000 sq.ft.
❑$ 1,715.00 Asa Map Amendment o$ 800.00 Property Greater Than 10,000 sq.ft
Master Concept Plan Text Amendment
o$ 1,715.00 Property of any size o$500.00 Text Amendment
Conditional Use Final Plat
to V800.00 Property of any size o$ 605.00
Appeal Publishing Deposit
a$ 125.00 All Appeals 1p4'240.00
Deposit for Impact Assessment Rearing Sign Deposit -
❑$3,515.00 n•-$ 145.00 P r Sign/2 Total Number of Signs
Conceptual Plan Review* Transcript Deposit
o$300.00 Property Less Than 5 Acres IA 240.00 Amendment,Conditional Use,MCP
❑$615.00 Property 5-99.99 Acres o$ 125.00 Variation or Appeal
0$ 1,230.00 Property 100+Acres
*no conceptual review fee shall be reqnired for residential variations
411,
Escrow Account Fees
o Preliminary Engineering Review Fee(Based on 1.5%of Estimated Preliminary Engineering Costs)
o Stormwater Management Review Fee(Based on 2%of Stormwater Management Costs)
Office Use Only
Application Fee/PN010-0000-563-0000 TO/t}' °0 Date Received >g9
Transcript Fee/ PN010-0000-237-0400 40 0 0 Received By RECEIVED
Sign Deposit / PN010-0000-237-0400 ,. 0 °'
Publishing Dep./PN010-0000-237-0400 v: V() D o DEC 2 9 2011
Impact Deposit/PN010-0000-237-0400 CITY OF ELGIN
Total Fees 6/5 70 °
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information
and exhibits herewith submitted are true and correct to the best of my knowledge. I authorize employees of
the City Of Elgin to enter onto the property for the purposes of preparing the application review and taking
site otographs.
� ./ t`/���-mod/Ap/9->i)..vi.
nt/Agent si lure Ow igna re /
(If other than owner)
in
F:\Code Admin\DS Division\Fonns\Application Forms1201 I-Development Application.docx Updated:January 3,2011
CONDITIONAL USE
STATEMENT OF PURPOSE AND CONFORMANCE
Address: 730-A West Chicago Street
The applicants propose to operate a fitness studio. They will conduct aerobics classes in
the form of"Zumba"which will fill classes that are not taught at the Gould Academy of
Dance. Classes will be held Monday thru Friday from 8:30 am to 10:30 am and from
5:00 pm to 9:00 pm. as well as Saturdays from 8:00am.to 10:00am. A total of 15 classes
per week and 1 class on Saturdays will be offered. There will be 10 to 15 people per
class. In addition beauty presentations and wellness workshops will be held on Saturday
mornings in order to build participants self-esteem. Participants will also have an
opportunity to purchase beauty products such as Avon, Mary Kay and Jafra as well as
health supplements such as Herbalife from product sales representatives. This operation
will fill a need expressed by the beauty shop in the center. Staff will be hired to operate
the studio which will include a fitness instructor, a cleaning person and a registration
person.
II. The Conditional Use is being requested to fill a need for this service at Oak Tree Plaza
and also throughout the neighborhood. Customers of this fitness facility are potential
customers of the beauty and barber shops,restaurants, costume shop,the cleaners,the
Laundromat and H&R Block. This type of synergy will enhance the neighborhood as
well as the existing businesses at Oak Tree Plaza.
III. A. Site Characteristics. The building is located in the Oak Tree Plaza which is an
established shopping center with multiple businesses. Because this 2,100 square foot
leasehold faces the East and Woodland Ave.,people attending classes at the studio will
use the ample parking along the east and north sides of the center.
B. Sewer and Water. Water, sewer and storm water facilities are in place. The
space has tow extra large handicapped wash rooms.
C. Traffic and Parking. As stated in A,there is ample parking. Customers of the
proposed facility would park on the east and north sides of the center.
The parking lot layout is attached. The existing traffic flow will continue.
D. Per attached parking lot detail and description in C above, Oak Tree Plaza can
easily accommodate the applicant's business in the existing leasehold.
E. The applicants business will fit in well with the existing retail center and the
site at 730-A West Chicago Street. Decorating but no changes will be made to the
space.
F. Historic Preservation is not applicable at this location.
•
Dec 28, 2011
To whom concern;
The purpose of this letter is to inform that I'm Mariana Delgado zumba
instructor/aerobics. Will be renting the place that is located at 730-A West
Chicago Street.
I will operate a fitness studio. Classes will be in the mornings and evenings.
Because this 2,100 square foot leasehold faces the East and Woodland Ave,
people attending classes at the studio will use the ample parking along the east
and north sides of the center.
The studio has water, sewer, and storm water facilities are in place. The space has
ra' two extra large handicapped wash rooms.
Also, the studio will be using some weekends for mary kay, herbalife, and etc,
demonstrations.
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Rent Roll
Oak Tree Plaza (RMoak)
risk As of 08/15/11
Property Unit Name Sq,Ft.
RMoak 726 Elgin Family Laundry 1,703
RMoak 728 MEL'S PIZZA 2,043
RMoak 730-A VACANT 2,100
RMoak 730-B Movie Facts, Inc. 1200
RMoak 732 Gould Academy of Dance Arts, Inc. 3,305
RMoak 734 H & R. Block 2,375
oakrest 740 Golden Skillet 1,512.00
RMoak 742 Dancer's Paradise, Inc. 1,000
RMoak 744 Young Cleaner and Tailor 1,360
RMoak 746 Ralphs Barber & Styling 600
RMoak 748 Genesis 1,000
RMoak 750 VACANT 600
14 Total - Less Excluded Units . 18,798
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1
1 S60951B
2
STATE OF ILLINOIS )
3 ) SS.
COUNTY OF K A N E )
4
5 BEFORE THE ZONING AND SUBDIVISION HEARING BOARD
CITY OF ELGIN
6
7 In Re the Matter of: )
)
8 Consideration of Petition 03-12 )
Requesting a Conditional Use in )
9 the NB Neighborhood Business )
District, to Permit the )
10 Establishment of a Physical )
Fitness Facility; Property )
11 Located at 730 A West Chicago )
Street, by Mariana Delgado, )
12 as Applicant, and Noel and )
Tammy Maring, Paul and )
13 Barbara Maring, and Keystone )
Realty, Inc. , as Owner. )
14
15 REPORT OF PROCEEDINGS had at the hearing of
16 the above-entitled matter, before the Zoning and
17 Subdivision Hearing Board of the City of Elgin,
18 taken in the offices of City of Elgin, Municipal
19 Building, 150 Dexter Court, Elgin, Illinois, on
20 February 15, 2012, at the hour of 7:22 p.m.
21
22
23
24
row SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800 .232 .0265
2
1 PRESENT:
2 MR. ROBERT LANGLOIS , Chairman ;
3 MS . BETH KRUGER, Commissioner ;
4 MR. ANTHONY PEDOTE , Commissioner; and
5 MS . LORETTA REVESZ , Commissioner .
6 ALSO PRESENT:
7 MR. MARC MYLOTT, Director of Community
Development; and
8
MS . DENISE MOMODU, Associate Planner.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
3 ,
1 CHAIRMAN LANGLOIS: Could staff
2 please introduce Petition 03-12?
3 MS. MOMODU: Consideration of
4 Petition 03-12 requesting a conditional use in
5 the NB Neighborhood Business District, to permit
6 the establishment of the physical fitness
7 facility, property located at 730A West Chicago
8 Street, by Mariana Delgado, as Applicant, and
9 Noel and Tammy Maring, Barb and Paul Maring, and
10 Keystone Realty, Incorporated, as Owners, and
11 tonight we have Ms. Tanya Gonzales present. She
12 will serve as the translator for Mrs. Delgado.
13 Tanya, if you please want to step up to the
14 podium -- and Mrs. Delgado -- and introduce
15 yourself.
16 Thank you.
17 MS. GONZALES: Hi. My name is
18 Tanya Gonzales, and I will be translating for
19 Mariana Delgado.
20 MS. DELGADO: (In English. ) Hi. My
21 name is Mariana Delgado.
22 MS. DELGADO: (Interpreted. ) Good
23 afternoon. Good afternoon.
24 In this location I'm here to ask --
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
°mg)
4
l CHAIRMAN LANGLOIS: I can't hear you.
2 MS. GONZALES: I'm sorry. "I 'm here
3 to ask" -- is that a little better?
4 MEMBER PEDOTE: A little.
5 MS. GONZALES: I don't know how these
6 work.
7 MR. MYLOTT: I don't think our
8 microphones are working, so everyone really needs
9 to project.
10 MS. GONZALES: Oh, okay.
11 MR. MYLOTT: Thank you.
12 MS. DELGADO: (Interpreted. ) Okay.
13 Good afternoon. My name is Mariana Delgado. I'm
14 here to ask for permission to allow me to
15 initiate a business that I have always had in
16 mind because it's something that has helped me a
17 lot. It has helped me a lot in life and is
18 definite exercise. I feel like if you are fine
19 in exercising that you can be fine in all.
20 The purpose of opening this fitness center
21 is that I'm going to give classes of piloxing,
22 which is right now the newest thing that's out.
23 It' s aerobic classes. A new class is like
24 Pilates.
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MAR/ANA DELGADO
5
1 MEMBER REVESZ: Pilates.
2 MEMBER PEDOTE: Pilates.
3 MS. DELGADO: (Interpreted. ) It's a
4 mix of aerobics, Pilates, and kickboxing.
5 And, generally, this is something that I
6 want to achieve and do, something that I enjoy
•
7 doing, and I want the rest of the people to be
8 very honest.
9 This does not mean that because I do not
10 speak very well English I'm not able to be
11 prepared to initiate what I want or to open what
rimk 12 I want.
13 Right now I 've been preparing myself with
14 my poor English and with classes I have taken in
15 English, and I want to be prepared for the new
16 people that would be coming -- Hispanic,
17 American -- and I want to give them the best in
18 this business.
19 The classes will be in the morning, in the
20 afternoon, the hours ahead we haven't thought of.
21 And this is my first business. This may be
22 something for me to consider, hours.
23 The hours would be 8:30 to 10:00 in the
24 morning; in the afternoon, considering that
rak SONNTAG REPORTING SERVICE, LTD.
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
6
1 people get home from work not in the afternoon
2 till 8:00, 9:00, that way people can cool off
3 and get dressed and return back home be as happy
4 as --
5 MS. GONZALES: She goes back home
6 after she exercises.
7 CHAIRMAN LANGLOIS: Okay. Can we ask
8 her a question?
9 MS. GONZALES: Yes.
10 CHAIRMAN LANGLOIS: And this is a
11 question I ask everybody.
12 MS. GONZALES: Yes.
i
1 13 CHAIRMAN LANGLOIS: The recommendation
14 for approval is subject to conditions.
15 MS. GONZALES: Okay.
16 CHAIRMAN LANGLOIS: And these
17 conditions are on page 6, and I just want to make
18 sure that you understand there are conditions and
19 that you agree to those conditions.
20 MS. DELGADO: (Interpreted.) Yes.
21 After receiving the packet that I -- that
22 you guys have sent me, I used it as homework
23 and -- and I studied, and I said my English is
24 not that well, but I have very many good friends
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
7
1 and family that have helped me understand what I
2 do not understand, and I do understand what you
3 guys are -- what the conditions are.
4 CHAIRMAN LANGLOIS: Okay. There's
5 one condition you have in here that I don't quite
6 understand the reasoning behind it.
7 No. 2 says it will -- "will be restricted
8 to Tenant Space A located within the Oak Tree
9 Plaza. "
10 Is that there -- meaning that if they
11 wanted to expand, they would just have to come
12 back for further City approval if they wanted to
13 do any expansion?
14 MS. MOMODU: That is correct. They
15 are -- they are restricted to this tenant space
16 as identified.
17 CHAIRMAN LANGLOIS: To the tenant
18 space. Okay.
19 This No. 2 just says that you're restricted
20 to the space that's been -- that's in your
21 application, and that if you wanted to expand,
22 you would have to go back to the City for further
23 approval; is that correct?
24 MS. MOMODU: Yes. That' s correct.
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•
REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
8
1 MR. MYLOTT: Yes.
2 MS. GONZALES: That's in case she
3 wants to expand like the fitness center?
4 CHAIRMAN LANGLOIS: Right. We hope
5 you do expand.
6 MEMBER PEDOTE: Not to the north.
7 Mel's Pizza is not going anywhere.
8 (Laughter.)
9 MS. GONZALES: That is a good place.
10 MEMBER PEDOTE: Mr. Chairman.
11 CHAIRMAN LANGLOIS: Do you have a
12 question, please?
13 MEMBER PEDOTE: Well, I have a
14 question if you will give me one second.
15 I have a question of staff because I know
16 we have a bicycle ordinance we talked about- the
17 first round.
18 I'm beholding to Mr. Armstrong to always
19 ask, and I do see the -- I do see the owners of
20 the property here, and one of the concerns I
21 have -- and maybe it's -- and, hopefully, staff
22 can make a recommendation to the Council , but
23 when we passed the bicycle ordinance, we applied
24 it only to planned new developments, and I think,
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PETITION 03-12 -- MARIANA DELGADO
9
1 if we're going to make an effort to be a
2 sustainable community, we need to also
3 incorporate when we have stuff like this that
4 comes in front of us, and I don't know how we
5 approach it other than possibly modifying the
6 ordinance we did pass, so I make that
7 recommendation of staff to see if we can't
B accomplish that mission by working at that goal.
9 What I'd like to ask the owner of the
10 property is -- I do see you in the audience. I'm
11 not aware if they were sworn in.
12 MS. BARBARA MARING: Yes, I am.
13 MEMBER PEDOTE: But my one thing is,
14 you have a lot of great businesses there.
15 Thank you very much for bringing them to the
16 community.
17 If we can maybe incorporate a bicycle rack.
18 I know that the Dairy Queen has one. You know,
19 everyone around the neighborhood has one, but
20 especially with them coming in, if we couldn't
21 incorporate a bicycle rack as a condition upon
22 this Applicant as a mere way to encourage more
23 traffic to the shopping center.
24 You know, when I went through it today, I
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PETITION 03-12 -- MARIANA DELGADO
10
1 didn't notice a bicycle rack.
2 MS. BARBARA MARING: There is one
3 that keeps being moved.
4 If we can work out a good apace, it' s been
5 the -- the one that' s there has been a problem.
6 I think that one could go to try a new one, and
7 maybe it can be bolted down and figure out where
8 it could go.
9 CHAIRMAN LANGLOIS: Okay. Could you
10 stand and identify yourself, please --
11 MS. BARBARA MARING: Oh. Okay.
12 Sure.
13 CHAIRMAN LANGLOIS: -- for the
14 Reporter?
15 MS. BARBARA MAKING: Okay. I 'm
16 Barbara Maring with Keystone Realty. Our
17 business is at 23 South Spring Street in downtown
18 Elgin, and I also live nearby the shopping center.
19 Yeah, I would say if we could work out a
20 place that was reasonable for -- remember, we do
21 have trucks unfortunately that go through there.
22 If I could figure out a way to keep those semis
23 out of there -- but it would have to be somewhere
24 on the north side, but, you know, that's fine.
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
11
1 MEMBER PEDOTE: That's fine. Mel's
2 will love you.
3 MS. BARBARA MARING: Oh, okay.
4 Do they have people who ride bikes? Okay.
5 We'll work with them on it. That's fine. That's
6 good if we can -- I'd rather have bicycles. No
7 problem. We' ll check it out.
8 CHAIRMAN LANGLOIS: If there' s any
9 bike rack put in, does that need to be licensed
10 to make sure that it' s in a proper, safe place,
11 or is that the discretion of the owner of the
12 property?
13 MR. MYLOTT: That would depend.
14 Since this wouldn't be binding upon the
15 conformance with the bicycle parking ordinance,
16 then those site and design provisions would be a
17 requirement. But if you'd like, we'd be happy to
18 work with the Applicant on finding a suitable
19 location --
20 MS. BARBARA HARING: Okay.
21 MR. MYLOTT: -- and we'd be happy to
22 lend our expertise.
23 MS. BARBARA MAKING: That sounds fine.
24 MEMBER PEDOTE: Good. My mom's son
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO 4"411)
12
1 would be happy.
2 And the only other thing I have is, please
3 let us know when you're having your grand opening.
4 I make a recommendation to approve --
5 CHAIRMAN LANGLOIS: Let me just ask
6 if there's anybody here that would like to
7 comment on this from the audience?
8 (No response.)
9 CHAIRMAN LANGLOIS: Okay.
10 MS. GONZALES: Unless -- unless I can
11 comment, myself.
12 Can I comment, myself? "al
13 CHAIRMAN LANGLOIS: Pardon me?
14 MS. GONZALES: Can I comment, myself?
15 CHAIRMAN LANGLOIS: Oh, yes. Go ahead.
16 MS. GONZALES: Okay. I'm a good
17 friend of Mariana' s, and I've also lived in
18 Elgin. I was born in Elgin. I actually haven't
19 gone anywhere else since Elgin, and I do think
20 that this is a really good business that she is
21 doing, especially because it's going to help a
22 lot of low-income families and a lot of women
23 that are not -- can't afford to go to different
24 gyms or because of their schedule.
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PETITION 03-12 -- MARIANA DELGADO
13
1 I know a lot of gyms I want to go to
2 sometimes but because I have my child I cannot,
3 but she does work very well with people, and I
4 think it would be a really good thing to get
5 people in there, also, to exercise and to heal
6 the body and be fit.
7 CHAIRMAN LANGLOIS: Okay. Thank you
8 for your comments.
9 MS. GONZALES: I think it will be
10 something really good for Elgin, especially women
11 and mothers who sometimes it's hard to go somewhere
12 and afford it.
13 CHAIRMAN LANGLOIS: She's got a
14 certificate for it.
15 (Laughter.)
16 CHAIRMAN LANGLOIS: Before we have a
17 motion for approval, would staff like to comment
18 on it?
19 MS. MOMODU: Yes.
20 The Community Development Department is
21 recommending approval of this petition subject to
22 the four conditions as outlined on page 6 of our
23 staff report dated February 15, 2012.
24 CHAIRMAN LANGLOIS: Okay. And for
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
14
1 this one, if it pleases, can we leave the bike
2 rack as not a condition that will add to this,
3 but a gentlemen' s agreement that that will be
4 looked at?
5 Would that satisfy you?
6 MEMBER PEDOTE: I have no doubt Marc
7 will do it himself.
8 CHAIRMAN LANGLOIS: Okay. So we'll
9 leave that and we will not add that to the -- to
10 the -- your petition.
11 MS. GONZALES: Okay.
12 MR. MYLOTT: As much as I appreciate imq)
13 the confidence of Mr. Pedote, if that is the --
14 the pleasure of the Board and you would like that
15 to actually happen, the strength lies in making
16 it a condition, and I -- I had the -- I took the
17 liberties of jotting down something that you
18 might consider, which says, as a new condition,
19 staff will assist the property owner to either
20 move the existing or install a new bike rack.
21 CHAIRMAN LANGLOIS: Okay. Because
22 then the onus falls on the property owner and not
23 on the Applicant. I don't want to add to your --
24 to your conditions.
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("lik PETITION 03-12 -- MARIANA DELGADO
15
1 So can we add Marc's comments as No. 4 --
2 MR. MYLOTT: 5.
3 MS. MOMODU: 5.
4 CHAIRMAN LANGLOIS: -- as Condition
5 No. 5.
6 MR. MYLOTT: At the discretion of the
7 maker of the motion.
8 MEMBER PEDOTE: I take the friendly
9 amendment --
10 CHAIRMAN LANGLOIS: Okay.
11 MEMBER PEDOTE: -- to save Marc Mylott?
12 CHAIRMAN LANGLOIS: So with that can
13 I have a motion for the approval of Petition 03-12?
14 MEMBER PEDOTE: Subject to the
15 five conditions, I so move.
16 MEMBER REVESZ: Second.
17 MS. MOMODU: Commission Members Kruger?
18 MEMBER KRUGER: Yes.
19 MS. MOMODU: Pedote?
20 MEMBER PEDOTE: Yes.
21 MS. MOMODU: Revesz?
22 MEMBER REVESZ: Yes.
23 MS. MOMODU: Chairman Langlois?
24 CHAIRMAN LANGLOIS: Yes.
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REPORT OF PROCEEDINGS -- 02/15/2012
PETITION 03-12 -- MARIANA DELGADO
16
1 MS. MOMODU: The motion passes 4 yes.
2 CHAIRMAN LANGLOIS: Good luck.
3 MS. BARBARA HARING: Thank you.
4 Thank you so much.
5 MS. GONZALES: Thank you very, very,
6 very much.
7 (Which were all of the
8 proceedings had in the
9 above-entitled matter at
10 7 :37 p.m. )
11
12 Amq)
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1 STATE OF ILLINOIS )
SS.
2 C O U N T Y O F K A N E )
3
4 I, Glenn L. Sonntag, Certified Shorthand
5 Reporter No. 084-002034, Registered Diplomate
6 Reporter, do hereby certify that I reported in
7 shorthand the proceedings had in the
8 above-entitled matter, and that the foregoing is
9 a true, correct, and complete transcript of my
10 shorthand notes so taken as aforesaid.
11 In testimony whereof I have hereunto set my
12 hand on this 28th day of February, 2012 .
13 - `
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14 z 4
- Ss, Ai.
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15 Certified Shorthan Reporter
Registered Diplomate Reporter
16 Certified Legal Video Specialist
17
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