G39-13 Ordinance No. G39-13
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR AND ART GALLERY
IN THE CC CENTER CITY DISTRICT
(73 South Grove Avenue)
WHEREAS, written application has been made requesting conditional use approval for
the establishment of a tattoo parlor and art gallery in the CC Center City 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 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 the establishment of a tattoo parlor and art
gallery in the CC 1 Center City District at 73 South Grove Avenue, and legally described as
follows:
That part of lot 3 in block 14 of the original town of elgin on the east side of fox river,
described as follows: commencing on the east line of grove avenue at a point 22 feet
along said line from the center line of the party wall of south side of Beckwith building
(being also 75 feet 9 inches from the south end of said lot as per the new building erected
by G.E. Daniels); thence northeasterly on a straight line to the west line of spring street at
a point distant south along said line 22 feet from the north corner of Grote and Waldron's
tract, said corner being also the southeast corner of the Beckwith lot, thence south along
said line 22 feet to the north corner of the Gould lot, formerly Daniel's thence westerly
along the north line of Gould lot about 44 feet to the east line of grove avenue; thence
northwesterly along said line 22 feet to the east line of grove avenue; thence
northwesterly along said line 22 feet to the point of beginning, in the city of elgin, Kane
county, Illinois. (Property commonly known as 73 South Grove Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by Sarah Mooney and Manuel Napoles, dated received June 19,
2013. In the event of any conflict between such documents and the provisions of this
ordinance or any other applicable city ordinance, the provisions of this ordinance or other
applicable city ordinance shall supersede and control.
2. Substantial conformance to the Floor Plan, submitted by Sarah Mooney and Manuel
Napoles, dated received June 19, 2013. In the event of any conflict between such
document and the provisions of this ordinance or any other applicable city ordinance, the
provisions of this ordinance or other applicable city ordinance shall supersede and
control.
3. The tattoo parlor and art gallery will be restricted to the first floor of the tenant space
located at 73 South Grove Avenue as depicted on the exhibit described in item 2 of this
section.
4. The first floor tenant space at 73 South Grove Avenue shall not be occupied by more than
18 persons, that number being the maximum occupant load per the 2012 International
Building Code.
5. The property owner shall commence the rehabilitation of the exterior facades of the
building no later than 18 months from the date of this conditional use approval. The
scope of the project shall encompass the facades of the building facing Grove Avenue
and Spring Street and include but not be limited to the rehabilitation of the street level
storefronts, entryways, and second-floor windows per the requirements of the city's
Facade Improvement Program. The rehabilitation work shall be completed no later than
24 months from the date of this conditional use approval.
6. 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 in, ayor
Presented: September 11, 2013
Passed: September 11, 2013
Vote: Yeas: 8 Nays: 1
Recorded: September 11, 2013
Published: September 13, 2013as
Attes
L&C
Kimberly Dewis, City Cler
August 5, 2013
PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
City ot'Elgin, 11,
OVERVIEW
Sarah Mooney and Manuel Napoles request approval of a conditional use to establish a tattoo parlor
and an art gallery at 73 South Grove Avenue.
GENERAL INFORMATION
Petition Number: 23-13
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report (See Recommendation Detail)
Applicant: Sarah Mooney& Manuel Na_poles
History: After due notice as required by law, the Planning& Zoning
Commission held a public hearing and considered Petition 23-13
on August 5,2013.The applicants submitted a Statement of Purpose
Conformance dated received June 19,2013 and testified at the public
hearing
Staff Coordinator: Denise Momodu Associate 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
Sarah Mooney and Manuel Napoles are requesting conditional use approval to operate a tattoo parlor
and an art gallery at 73 South Grove Avenue in downtown Elgin. The husband and wife team are
both artists with backgrounds in fine arts such as painting, drawing and sculpture. The proposed
business will occupy about 1,080 square feet of tenant space and will operate Tuesday through
Saturday from 12:00 p.m.to 9:00 pm and Sunday from 12:00 p.m.to 4:00 p.m. The art gallery will
Exhibit A
Recommendation &Findings of Fact Planning& Zoning Commission
Petition 23-13 August 5, 2013
have a showing every 2-3 months, in the evenings from 5:00 pm to 9:00 pm. The Building &
Development Manager determined that the total maximum occupant load of the proposed art gallery
space would be 18 persons.
Tattoo parlors and art galleries are conditional uses in the CC 1 Center City District and require a
public hearing and City Council approval.
FINDINGS OF FACT
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.
The subject property was originally classified as E Commercial District in 1927. The
property was reclassified to B2 Central Business District in 1962. In 1992,the property was
reclassified to CC 1 Center City 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 CC 1 Center City District and developed
with a mix of residential, 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.
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 the core of downtown Elgin that has developed with a
mix of commercial,retail,restaurants, and residential uses.
D. Zoning District Standard. The suitability of the subject property for the intended
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 23-13 August 5, 2013
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 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 in addition to complementary 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 Planning&Zoning Commission has made the following findings concerning the standards for
conditional uses:
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 proposed use meets the site characteristics standard in that this standard evaluates only
the site at which the use is proposed. The subject property contains approximately 1,091
square feet of land, and the building encompasses the entire 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 systems.
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
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.
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 23-13 August 5, 2013
The subject property fronts onto South Grove Avenue and Spring Street, which are local
streets serving downtown Elgin, east of the Fox River.
The zoning ordinance does not require off-street parking for businesses located in the CC 1
Center City Districts.The city's 500-space parking garage on Fulton Street is located within
800 feet of the property.
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 "Community Mixed Use Center" by the City's
Comprehensive Plan and Design Guidelines dated 2005. Downtown Elgin functions as a
unique community mixed use center within the planning area. It is the historic and
traditional heart of the community. Recommended land uses include a compatible mix of
residential (30+ dwelling units per acre), employment, educational, civic, and office uses,
combined with a cultural and entertainment center focus that extends activities throughout
the day. The proposed land uses are in keeping with the objectives and policies of this
comprehensive plan designation.
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 so as 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 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 designated as a historic landmark nor is it located within a
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Recommendation & Findings of Fact Planning& Zoning Commission
Petition 23-13 August 5, 2013
historic district. The property owners have agreed to pursue a facade improvement grant to
return the storefront and second story windows on the building facade facing Grove Avenue
back to their original configuration.
RECOMMENDATION DETAIL
By a vote of three(3)yes,one(1)no,the Planning&Zoning Commission recommends the approval
of Petition 23-13, subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments,
submitted by Sarah Mooney and Manuel Napoles, dated received June 19, 2013.
2. Substantial conformance to the Floor Plan,submitted by Sarah Mooney and Manuel Napoles,
dated received June 19, 2013.
3. The tattoo parlor and art gallery will be restricted to the first floor of the tenant space located
at 73 South Grove Avenue.
4. The maximum occupant load for 73 South Grove Avenue per the 2012 International Building
Code for the art gallery space shall be 18 people.
5. The scope of work to the facade of the building facing Grove Avenue and potential
participation in a city Facade Improvement Program shall commence no later than 18 months
and be completed no later than twenty-four months from the date of receipt of a conditional
use approval.
6. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 23-13 was adopted.
s/ Robert Siliestrom
Robert Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
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