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G38-13 r Ordinance No. G38-13 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT LAND USES INVOLVING THE ASSEMBLY OF PERSONS IN THE CC 1 CENTER CITY DISTRICT (51 South Spring Street, Suite 125A) WHEREAS, written application has been made requesting conditional use approval to permit land uses that involve the assembly of persons within a tenant space on property in the CC 1 Center City District; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations 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 August 5, 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 land uses that involve the assembly of persons within the tenant space on the property in the CC 1 center City District at 51 South Spring Street, Suite 125A and legally described as follows: Lots 7, 8, 9 and 10, and that part of Lots 5, 6, 11 and 12 Lying Southwesterly of the Southwesterly Right-Of-Way Line of the Chicago and Northwestern Railway Company, All In Block 12 of the Original Town of Elgin, Kane County, Illinois, Including All Improvements and Structures Thereon. (Property commonly known as 51 South Spring Street, Suite 125A). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Application, Statement of Purpose and Conformance, and Attachments, submitted by Ola Muhammed, d/b/a ljorere The Invitation, Inc., dated received July 1, 2013 and comprising of the following attachments: a. Letter of consent from Bill Mague, Vice President, Artspace Projects, Inc., dated June 27, 2013. b. Floor plans of the property and tenant space comprising of the following drawings: i. First Floor Plan Sheet A101, prepared by BKV Group, dated January 6, 2010 and dated received on July 1, 2013. ii. Setup floor plan entitled "For events with more than 20 guests but no more than 49," submitted by Ijorere, The Invitation, dated received on July 1, 2013. iii. Setup floor plan entitled "Setup for Workshops or Mind Body Sessions," submitted by Ijorere, The Invitation, dated received on July 1, 2013. 2. All activities of the tenant space known as "Ijorere Atelier" will be restricted to the space within Suite 125A, located at 51 South Spring Street. 3. 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. Ka tain, ayor Presented: September 11, 2013 Passed: September 11, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 11, 2013 Published: September 13, 2013 UArescM� Attest: Kimberly Dewis, 0ity Clerk �' - 2 - August 5, 2013 FINDINGS OF FACT Planning and Zoning Commission City of Elgin,Illinois PROJECT OVERVIEW Ola Muhammed, d/b/a Ijorere The Invitation, Inc., requests conditional use approval to permit land uses involving the assembly of persons within the tenant space on the property located at 51 South Spring Street, Suite 125A. The Planning & Zoning Commission recommends approval of the application, subject to the conditions outlined at the end of this report GENERAL INFORMATION Petition Number: 27-13 Requested Action: Conditional Use Approval Current Zoning: CC 1 Center City District Existing Use: Retail Tenant Space Property Location: 51 South Spring Street Suite 125A Applicant: Ola Muhammed, d/b/a Iiorere The Invitation Inc Owner: Elgin Artspace Lofts LP Staff Coordinator: Sarosh Saher, AICP Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, and Application F. Draft Conditional Use Ordinance BACKGROUND An application has been filed by Ola Muhammed, d/b/a Ijorere, The Invitation, Inc. requesting a conditional use in the CC 1 Center City District. The property is located at 51 South Spring Street, Suite 125A. Exhibit A Findings of Fact Planning and Zoning Commission Petition 27-13 August 5, 2013 The applicant has been an occupant of the tenants space p ce known as "Ijorere Atelier" since July of this year in a retail capacity. The applicant is also proposing to offer the use of the space to conduct land uses involving the assembly of persons within the tenant space. Activities involving the assembly of persons are classified as conditional uses within the CC 1 Center City District and require a public hearing and City Council approval. The proposed activities include but are not limited to design workshops, calligraphy classes, crocheting classes, origami making, meditation and yoga. These classes will be offered to approximately 10-15 attendees with one or more instructors, and will be conducted on weekdays at times requested by the instructor, and not beginning later than 7:00 p.m. Occasionally, and on weekends, the applicant proposes to make the space available for special events which include but are not limited to baby showers, bridal showers, corporate offsite meetings, intimate weddings, fund raising events and gallery openings for new invitation designs. These events will be offered to accommodate no more than 30 to 45 attendees but not exceed a maximum of 49 persons, that number being the maximum occupant load of the tenant space. The applicant is requesting that special events be allowed to extend to 1:00 a.m. All food and beverages offered during special events will be provided by catered food services that will use the kitchen within the premises of Elgin Artspace Lofts for preparation and set up. The owner of the business, Ms. Ola Muhammed, is currently the sole employee within the tenant space. Additional staff will be employed on an as-needed basis for classes, and special events. The applicant does not intend to sub-lease the tenant space to any person or entity for activities or special events. However, the applicant may offer the space to artists and residents of Elgin Artspace Lofts for the display of their art objects from time to time. GENERAL FINDINGS After due notice, as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 27-13 on August 5, 2013. 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 August 5, 2013. The Planning and Zoning Commission has made the following general findings: A. Zoning History. The subject property was part of the original plat of Elgin which was laid out in 1842 by James T. Gifford. The property was reclassified in 1992 to CC] Central District as part of a comprehensive amendment to the zoning ordinance. In 2000, the property was included within the Center City Preservation Overlay Zoning District. The original building on the property was constructed in 1908 and used as a department store. Elgin Community College acquired the building in 1982, and conducted its adult education classes and related activities until 2010. In 2010, Artspace Projects, Inc., a developer from Minneapolis, property and established Elgin Artspace Lofts, a center comprising of affordable 2 Findings of Fact Planning and Zoning Commission Petition 27-13 August 5, 2013 live/work space for artistically creative individuals and their families. The project, completed in June of 2013 provides 55 new rental residential units and approximately 6,051 square feet of first floor retail space located along Spring Street. The development involved the adaptive use of the existing building built in 1908, demolition of a later addition to the south, and construction of a new three-story building along the southerly portion of the property. B. Surrounding Land Use and Zoning. The areas surrounding the subject property are zoned CC 1 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 parking lot. C. Trend of Development. The subject property is located in an area that is developed with a mix of commercial, residential and service related uses. D. Zoning District. The purpose of the CC 1 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 CC 1 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. The proposed conditional use will meet the purpose and intent of the CC 1 Center City District. STANDARDS FOR CONDITIONAL USES The Planning & 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 an irregularly shaped parcel consisting of approximately 1.2 acres. It is located within the CC 1 Center City District, and contains the buildings, courtyards and vehicle use areas of Elgin Artspace Lofts. The subject tenant space within Suite 125A comprises of approximately 2,000 square feet and is located along the northerly portion of the building's retail component with frontage along Spring Street. Primary access to the space is provided through a single entrance along Spring Street and a secondary entrance from the common areas within the premises of Artspace. 3 Findings of Fact Planning and Zoning Commission Petition 27-13 August 5, 2013 B. Sewer and Water Standard. The suitabili ty 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 served by municipal water and sanitary sewer systems. 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 project is bounded by DuPage Street on the north, by Fulton Street on the south and by South Spring Street to the west. These are local streets that serve the subject property and form the basis of the urban grid that has been established within the city. The property is bounded on the east by railroad right-of-way owned by the Union Pacific Railroad Company. Off-street parking is not required to be provided in the CC 1 district. The city's 500-space parking garage is located within 800 feet of the subject property. 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 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 to walk more safely and comfortably between uses that front onto sidewalks rather than large parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. The proposed uses within the tenant space are in keeping with the goals, objectives, and policies of the comprehensive plan designation. The applicant offers to establish a unique commercial destination within downtown Elgin. The nature of the proposed activities also complements the goal of Artspace to provide for artistically related activities within its retail spaces. 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 so as to promote the purpose and intent of this title and chapter. 4 Findings of Fact Planning and Zoning Commission Petition 27-13 August 5, 2013 Findings. 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 Elgin Artspace Lofts development involved the adaptive use of the existing building built in 1908, demolition of a later addition to the south, and construction of a new three-story building along the southerly portion of the property. The storefronts of the 1908 building were restored to their original configuration providing the commercial tenant spaces with greater visibility and interaction with the street and sidewalk adjacent to the building, resulting in a more pedestrian friendly environment. RECOMMENDATION The Planning and Zoning Commission recommends the approval of Petition 2 - pp 7 13. 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 to the Application, Statement of Purpose and Conformance, and Attachments, submitted by Ola Muhammed, d/b/a Ijorere The Invitation, Inc., dated received July 1, 2013 and comprising of the following attachments: a. Letter of consent from Bill Mague, Vice President, Artspace Projects, Inc., dated June 27, 2013. b. Floor plans of the property and tenant space comprising of the following drawings: i. First Floor Plan Sheet A101, prepared by BKV Group, dated January 6, 2010 and dated received on July 1, 2013. ii. Setup floor plan entitled "For events with more than 20 guests but no more than 49," submitted by ljorere, The Invitation, dated received on July 1, 2013. iii. Setup floor plan entitled "Setup for Workshops or Mind Body Sessions," submitted by Ijorere, The Invitation, dated received on July 1, 2013. 2. All activities of the tenant space known as "Ijorere Atelier" will be restricted to the space within Suite 125A, located at 51 South Spring Street. 3. Compliance with all applicable codes and ordinances. 5 Findings of Fact Planning and Zoning Commission Petition 27-13 August 5, 2013 Therefore, the motion to recommend approval of Petition 27-13 was adopted. Respectfully submitted: s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/David Waden David Waden, Secretary Planning and Zoning Commission 6