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G40-13 Ordinance No. G40-13 Failed AN ORDINANCE GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE CC 1 CENTER CITY DISTRICT (2 10 DuPage Street) WHEREAS, written application has been made requesting conditional use approval for the establishment of a tattoo parlor 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 in the CC Center City District at 210 DuPage Street, and legally described as follows: That part of Lots 6, 7 and 8 in Block 11 of the original town of Elgin, on the east side of the Fox River, described as follows: Beginning at a point on the south line of said lot 8. 25 feet west of the southeast corner of said lot 8: thence north parallel with the east line of said lot 8, 96.87 feet; thence east parallel with the north line of said lot 8, 3 feet; thence north parallel with the east line of said lot 8,24 feet to a line drawn parallel with 12 feet south of(measured at right angles) the north line of said lots 6,7 and 8; thence west along said parallel line 154.3 feet to the easterly right of way line of the Chicago and Northwestern Railway; thence southerly along said easterly right of way line, 142.9 feet to the south line of said lot 7; thence east along the south line of said lots 7 and 8, 75.4 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. (Property commonly known as 210 DuPage Street) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by, Attorney Scott G. Richmond, dated received June 20, 2013; and email dated August 20, 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, Attorney Scott G. Richmond, dated received June 20, 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 and body piercing parlor will be restricted to the first floor of the tenant space located at 210 DuPage Street as depicted on the exhibit described in item 2 of this section. 4. The design graphic studio proposed to be located on the upper level of said premises shall be restricted to office space only for the designing of artwork related to the administering of body tattoos and piercing. 5. The property owner shall commence the rehabilitation of the exterior facade of the building no later than 18 months from the date of this conditional use approval. The scope of the project shall encompass the facade of the building facing DuPage Street and include but not be limited to the rehabilitation of the street level storefront and entryway per the requirements of the city's Facade Improvement Program. In addition, the property owner shall install and maintain landscaping within planters and/or boxes in front of the building in a manner approved by the Community Development Department. All 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. OrdinanceFailed Ito Pass David J. Kaptain, Mayor Presented: October 9, 2013 Passed: October 9, 2013 Vote: Yeas: 4 Nays: 5 Attest: Ordinance Failed to Pass Kimberly Dewis, City Clerk August 5, 2013 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community Development Department City of Elgin, I OVERVIEW Big Heads Tattoo, LLC requests approval of a conditional use to establish a tattoo parlor and body piercing business at 210 DuPage Street. GENERAL INFORMATION Petition Number: 25-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report (See Recommendation Detail) Applicant: Big Heads Tattoo. LLC History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 25-13 on August 5, 2013. The applicants submitted a Statement of Purpose Conformance dated received June 20,2013 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 An application has been filed by Big Heads Tattoo, LLC requesting a conditional use in the CC Center City district, to permit the establishment of a tattoo parlor and body piercing. The subject property is located at 210 DuPage Street. The applicant is proposing to operate a tattoo parlor and body piercing with a graphic design studio in downtown Elgin. The proposed business will occupy a combined 1,052 square feet of tenant Exhibit A Recommendation & Findings of Fact Planning& Zoning Commission Petition 25-13 August 5, 2013 space. The tattoo parlor and body piercing will occupy the entire first floor and the graphic design studio will be located on the upper level. The hours of operation will be Tuesday through Saturday from 12:00 p.m. to 9:00 p.m. The graphic design studio will be a private studio to be used by the tattoo artists for designing purposes only. In the CC 1 Center City District,tattoo parlors are classified as a conditional use 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. 2 Recommendation & Findings of Fact Planning& Zoning Commission Petition 25-13 August 5, 2013 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 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 CC1 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 13,823 square feet of land, and is improved with a 2 '/2 story brick building, a multi-story brick building, an one story frame building and an asphalt driveway. The proposed tattoo parlor and body piercing business will occupy the first floor of the one story frame building. 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. a 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. 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 25-13 August 5, 2013 Findings.The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property fronts onto DuPage Street, which is a local street serving downtown Elgin. The property is bounded on the west by railroad right of way owned by the Union Pacific Railroad Company. 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 Ciry,'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. L 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. 4 Recommendation & Findings of Fact Planning& Zoning Commission Petition 25-13 August 5, 2013 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 historic district. The property owners have agreed to pursue a facade improvement grant to install a commercial storefront entrance door. RECOMMENDATION DETAIL By a vote of three(3)yes,one(1)no,the Planning&Zoning Commission recommends the approval of Petition 25-13, subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by, Attorney Scott G. Richmond, dated received June 20, 2013; and email dated August 20, 2013. 2. Substantial conformance to the Floor Plan, submitted by,Attorney Scott G.Richmond,dated received June 20, 2013. 3. The tattoo parlor and body piercing will be restricted to the first floor of tenant space,located at 210 DuPage Street. 4. The design graphic studio located on the upper level shall be restricted to office space only for the designing of art. 5. The scope of work to the facade of the building facing DuPage Street 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. x. 6. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 25-13 was adopted. s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission 5 fi'