G29-13 Ordinance No. G29-13
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DANCE STUDIO
IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(1380 Dundee Avenue, Suite E)
WHEREAS, written application has been made requesting conditional use approval for
an establishment of a dance studio in the NB Neighborhood Business District; and
WHEREAS, the Planning & 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 Planning & Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated June 3, 2013, made by the Planning & Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit the establishment of a dance studio in the
NB Neighborhood Business District at 1380 Dundee Avenue, Suite E and legally described as
follows:
LOTS 13 AND (EXCEPT THE EASTERLY 10.33 FEET), AND 15 IN BLOCK
1, IN TROUT PARK RIVER BLUFF ADDITION IN THE SOUTHEAST 1/4 OF
SECTION 1, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 14, 1924 IN BOOK 23 OF PLATS, PAGE 49 AS
DOCUMENT 238582, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
(Property commonly known as 1380 Dundee Avenue, Suite E).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance and Attachments,
submitted by Ivangel Dance Studio Quinceaneras Inc., dated received March 29, 2013.
In the event of any conflict between such Statement of Purpose and Conformance
including the attachments thereto and this ordinance or other applicable city ordinances,
this ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Exhibit "A" Site Plan, submitted by Ivangel Dance Studio
Quinceaneras Inc., dated received March 29, 2013.
3. Substantial conformance to the Exhibit `B" Floor Plan, submitted by Ivangel Dance
Studio Quinceaneras Inc., dated received March 29, 2013.
4. The dance studio will be restricted to tenant space Suite E, located at 1380 Dundee
Avenue.
5. Prior to the issuance of a certificate of occupancy, the owner/operator of Suite E shall
demonstrate that music is not discernible on either side of the said tenant space. At no
time shall any music be audible coming from Suite E to either side of said tenant space.
6. The maximum occupant load for 1380 Suite E per the 2012 International Building Code,
as amended, shall be 19 people.
7. 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. Kaptain, ayor
Presented: July 24, 2013
Passed: July 24, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: July 24, 2013
Published: July 25, 2013
Attest:
Kimberly Dewis, City Clerk
U�
�k
- 2 -
June 3, 2013
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Community Development Department City of Elgin, IL
OVERVIEW
Ivangel Dance Studio Quinceaneras Inc., requests Conditional Use Approval to permit the
Establishment of a Dance Studio Located at 1380 Dundee Avenue, Suite E.
GENERAL INFORMATION
Petition Number 10-13
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report (See Recommendation Detail)
Applicant: Ivangel Dance Studio Quinceaneras Inc.
History: After due notice as required by law, the Planning & Zoning
Commission held a public hearing and considered Petition 10-13
on June 3, 2013. The applicant submitted a Statement of Purpose
Conformance dated received March 29, 2013 and testified at the
public hearing
Staff Coordinator: Dave Waden, Senior Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance, Application
F. Draft Conditional Use Ordinance
BACKGROUND & PROJECT DETAIL
Ivangel Dance Studio Quinceaneras Inc., is requesting conditional use approval to operate a
dance studio at 1380 Dundee Avenue, Suite E. The tenant space is approximately 1,000 square
feet in size. The proposed business is a dance studio that focuses on teaching and choreographing
a special dance for a sweet 15 (a.k.a. a quincearnera).
Exhibit A
i
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 10-13 June 3. 2013
The dance studio will include a dance group, which will teach Latin dancing. The age group for
dance classes will range from 14- 45 years old. The applicant will be promoting that dance is a
way of life and a way of self-expression. The dance studio will be a place for the area youth to
go and occupy their free time. The instructors will help the youth learn how to be social,
responsible, and better disciplined.
The youth dance lessons and group practice will take place Tuesday through Friday from 3pm-
9pm, and on Saturday and Sunday's from 9am-3pm. At any given time, the studio will have
approximately 20 people (which include instructors)taking lessons.
A dance studio is a conditional use in the NB Neighborhood Business District and requires a
public hearing and City Council approval.
FINDINGS OF FACT
The Planning & Zoning Commission finds that:
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.
The subject property was originally classified as E Commercial District in 1950. The
property was reclassified to BI Retail Business District in 1962. In 1992, the property
was reclassified to NB Neighborhood Business 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 located north, south, east and west of the subject property are zoned NB
Neighborhood Business District and are developed with a mix of office, commercial and
retail.
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.
2
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 10-13 June 3, 2013
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 that has developed with a mix of
commercial, retail, and residential 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.
The proposed conditional use will meet the purpose and intent of the NB Neighborhood
Business District.
E. 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 an irregularly shaped parcel containing approximately 0.39 acres
of land. The property is improved with a 6,209 square foot commercial strip center and
surface parking lot.
F. 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, and sanitary sewer.
G. 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
3
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 10-13 June 3. 2013
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 intersection of Dundee Avenue and Glenwood
Avenue. Glenwood is a local street that serves the subject property and surrounding
residential neighborhoods. Dundee Avenue is an arterial street, which provides access
from the I-90 off-ramp to the Central Business District of Elgin.
Off street parking will be provided in conformance with the off street-parking ordinance.
H. 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 "Urban Traditional" by the City's Comprehensive
Plan and Design Guidelines dated 2005. The Urban/Traditional Residential designation
is suitable for any area where urban density land use, including detached and attached
single-family homes, and higher density multiple family dwellings exists or is desired.
These areas generally include that part of the community that developed between the
1850's and early 1960's, but are also recommended around the mixed-use centers and
along the transportation corridors identified on Figure 3.4 Land Use Plan. Appropriate
locations offer neighborhood access to local, collector and arterial roads, access to water
and sanitary sewer systems, and proximity to public safety services. The provision of
park and open space is encouraged to provide opportunities for recreation and access to
bicycle and pedestrian trial networks. Other uses allowed in this category may include
neighborhood commercial centers, churches, and schools in locations deemed appropriate
by the city.
The proposed dance studio is in keeping with the goals, objectives, and policies of the
comprehensive plan designation. The dance studio offers potential employment
opportunities to residents of Elgin. The proposed dance studio will also create a place for
the area youth to go and occupy their free time in a constructive manner.
I. 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.
4
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 10-13 June 3, 2013
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.
J. 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 historic district nor is a historic landmark.
RECOMMENDATION DETAIL
By a vote of four (4) yes, two (2) no, the Planning & Zoning Commission recommends the
approval of Petition 10-13, subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by, Ivangel Dance Studio Quinceaneras Inc., dated received
March 29, 2013.
2. Substantial conformance to the Exhibit "A" Site Plan, submitted by Ivangel Dance Studio
Quinceaneras Inc., dated received March 29, 2013.
3. Substantial conformance to the Exhibit "B'' Floor Plan, submitted by Ivangel Dance
Studio Quinceaneras Inc., dated received March 29, 2013.
4. The dance studio will be restricted to tenant space Suite E, located at 1380 Dundee
Avenue.
5. Prior to the issuance of a certificate of occupancy, the owner/operator of Suite E shall
demonstrate that sound is not discernible on either side of the said tenant space. At no
time shall sound emanate from Suite E to either side of said tenant space
6. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 10-13 was adopted.
s/ Bob Siliestrom
Bob Siljestrom, Chairman
5
I
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 10-13 June 3, 2013
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
6
� �} 4!�L ate.-� x.�- t, > ' � ,� �.�•� "�
1�
` o '"-�, • � A x 11 ��a
AW
- k
� '� � � ` �,�•" t.._ ' � j ��� `Stewart ,a me
'e � f
TIM
�r
p � j., '
JIL
9
Awl
1 r Elnie�
.� I-90E F-rorn iL 25N
Subject Property
Trout Park Petition 10-13
69mParcels Cook 0113
OResidence Conservation 1
OResidence Conservation 2
Residence Conservation 3
QFlamed Residence Conservation
O Single F amity Residence 1
=Single Family Residence 2
Q Planned Single Family Residence 2 arkwa y
QTwo Family Residence
Q Muiliple Family Residence
QFlamed Multiple Family Residence
QResidence Business akhill
QPlanned R esidenlial Bus mess P
QNeighborhood Bus mess
QPlanned Neighborhood Business ma
=Area Business
®Flamed Area Business
-Center City 1
-Center City
-Planned Center City
QOSice Research Industrial J�
QFlamed Office Research Industrial Q
OGeneral Industrial
®Planned G eneral Industrial Lud
MW Commercial Industrial ®�
O Plamed Community FaciHq
QCommunity Facilely
OFox River Preservation
Planned Center Cly2
O Planned Single Family Residence 1 f-1 L
to
EM Flamed Two F amily Residence t I Ford
EXI-111311 13 Zoning Map
�r
City of Elgin 0 4590 180 270 360
Department of Community Development Feet
Trout Park
- TTI I
Subject Property
1380 Dundee Ave Ste E
Petition 10-13 Stewart
a�
c
O�
0601428025
Glenwood
EXHBIIT C Parcel Map N
City of Elgin o is ao so so 120
Department of Community Development Feet
r f 1
314.
Kik
1[ • I •
:.r � t Vii. s � -° .�+ '.;•4
' '- �'-- i ..rte+•+ '�".J_ - 2
':x...11 `• � nr�
�r
..r
- -
in
.A 14,
( }#Aft
r
' �• '` {t T�� �k_�} ^.4- � —,TIT`'" a ;; .� r-� ��ia���_ �.: -
_.rs�..—
A—M
i6p-ll : a + a
-:p.,
IL
�.r.��r ....�h � ` �. �� '� � .{a � �?�`''�? •' ,`.'.-fir � i ;'.
f�.
gin
--j
a •� ?�. F4E;�: _,nom. �
2