G49-14 a .
Ordinance No. G49-14
AN ORDINANCE
GRANTING A CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF
A PHYSCIAL FITNESS FACILITY IN THE AB AREA BUSINESS DISTRICT
(40 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
permit the establishment of a physical fitness facility in the AB Area Business District at 40
Tyler Creek Plaza; 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 4, 2014, 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 physical fitness
facility in the AB Area Business District at 40 Tyler Creek Plaza, and legally described as
follows:
PARCEL ONE:
Lots 3, 4, 5 and 6 in Tyler Creek Plaza Subdivision, bring a subdivision of part of the Eat
half of the Southwest Quarter of Section 3, Township 41 North, Range 8 East of the
Third Principal Meridian, in the City of Elgin, Kane County, Illinois, according to the
plat thereof recorded August 24, 1983 as Document No. 1650586 with the Recorder of
Kane County, Illinois.
PARCEL TWO:
Easement for ingress and egress and parking for benefit of Parcel One as created by the
described in Declaration Document 1650587 as amended from time to time on and over
Lots 1 and 2 in Tyler Creek Plaza Subdivision aforesaid and also over that part of
fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian
described as follows: Commencing at the intersection of the center line of North McLean
Boulevard with the center line of Big Timber Road: thence Northerly along the center
line of North McLean Boulevard 882.12 feet from the place of beginning: thence
Easterly and parallel with the center line of Big Timber Road 405.44 feet: thence
Southerly at right angles to the last described course 395.00 feet to a point on the North
e ,
line of Tyler Creek Plaza Subdivision: Thence Westerly along said center line 395.05
feet to the place of beginning, ( except part in McLean Boulevard), in the City of Elgin,
Kane County, Illinois. (Property commonly known as 40 Tyler Creek Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Kim Stover as applicant and BMO Reo-Il Retail LLC
as owner, dated received June 18, 2014. 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. Substantial conformance to the "Existing Floor Plan" exhibit submitted by Kim
Stover as applicant and BMO Reo-Il Retail LLC as owner dated received June
18, 2014.
3. Substantial conformance to "Plat of Survey" submitted by Kim Stover as
applicant and BMO Reo-Il Retail LLC as owner dated received June 18, 2014.
4. The physical fitness facility will be restricted to 40 Tyler Creek Plaza located
within the Tyler Creek Shopping Plaza.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
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.
1i /iii hhi�
i avid J. Kapta." M. r
- 2 -
Presented: September 10, 2014 ,••.GN11 .oF
Passed: September 10, 2014 ,4%
Omnibus Vote: Yeas: 9 Nays: 0 X ,_ ..
Recorded: September 10, 2014 n
w kl
Published: September 12, 2014
. ,
V'
Attest: f 1 t t ,��4':
iDel-6%•46
Kimberly Dewis, Ci y Clerk
- 3 -
August 4, 2014
PLANNING & ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Community I)ev'elopment Department Cit■ of Elgin, IL
OVERVIEW
Kim Stover requests Conditional Use Approval to Establish a Physical Fitness Facility within an
AB Area Business District. The Property is Located at 40 Tyler Creek Plaza.
GENERAL INFORMATION
Petition Number 30-14
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
report(See Recommendation Detail)
Applicant: Kim Stover
History: After due notice as required by law,the Planning&Zoning
Commission held a public hearing and considered Petition 30-14
on August 4,2014. The applicant submitted a Statement of Purpose
and Conformance dated received June 18, 2014 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
The applicant submitted a business occupancy for a physical fitness facility located at 40 Tyler
Creek Plaza in June of 2013 and in July of that same year was denied, the applicant was
informed that a conditional use was required to open up the proposed business. A property
maintenance case was created and a notice was sent out March 20, 2014 to both the applicant and
Exhibit A
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 30-14 August 4, 2014
property management company advising both parties that a certificate of occupancy is required
and must be obtained within the next 30 days. Since the notification was sent out, the applicant
has submitted a development application for conditional use approval which was received by
staff on June 18, 2014.
The physical fitness facility currently occupies approximately 1,102 square feet of tenant space
in the Tyler Creek Shopping Plaza. The applicant is teaching Zumba fitness and other cardio
dance classes at said location. The hours of operation are 9:00 am to 12:30 pm and from 5:00 pm
to 9:00 pm Monday through Friday. Saturday's from 7:00 am to 10:00 am and Sunday's from
9:30 am to 10:30 am. The average class size on Saturday morning is approximately 22 clients
while the other classes held during the week average approximately 10 clients. In most cases
only one instructor is present for the dance/fitness classes.
The land use is classified as a conditional use in this AB Area Business District and as such,
requires conditional use approval through the public hearing process and city council approval.
STANDARDS FOR CONDITIONAL USES
In the review of their packet material, which is a part of the record of the July 7, 2014 public
nearing, and during their discussion during the same public hearing, Planning & Zoning
`Commission members considered the following 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 proposed use meets the site characteristics standard in that this standard
evaluates only the site at which the use is proposed. The subject property is an irregular
shaped parcel containing approximately 1.53 acres of land. There are no significant
features at the site. The subject property consists of an approximate 8,500 square foot
commercial building with multiple tenants and a shared surface parking lot.
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 and
sanitary sewer.
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.
2
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 30-14 August 4, 2014
Findings. The subject property is suitable for the intended conditional use with respect to
the traffic and parking standard. The subject property has a shared access point off of
North McLean Boulevard into the subject property and 3 access points off of Big Timber
Road into the property. Both streets are classified as arterials serving the west side of
Elgin.
Off street parking is provided in conformance with the zoning 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 proposed use meets the comprehensive plan standard. The subject
property is designated "Highway Commercial" in the City's Comprehensive Plan and
Design Guidelines dated 2005. Areas designated Highway Commercial typically serves
surrounding neighborhood areas, but also larger trade areas connected by the arterial
street system. They may include all of the commercial uses found in the mixed-use
centers. In addition, they typically include highway-serving uses such as fast food
restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and
other stand-alone retail uses. These commercial areas are generally auto dominated with
few pedestrian amenities. The proposed land use is in keeping with the objectives and
policies of this comprehensive plan designation.
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 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. This standard is not applicable. The subject property is not located within a
historic district nor is it a historic landmark.
3
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 30-14 August 4, 2014
RECOMMENDATION DETAIL
On a motion to recommend approval of Petition 30-14, the Planning & Zoning Commission
voted seven(7) yes,zero (0) no.
If the city council was to approve Petition30-14,the following conditions would be appropriate:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Kim Stover as applicant and BMO Reo-II Retail LLC
as owner, dated received June 18, 2014.
2. Substantial conformance to the "Existing Floor Plan" exhibit submitted by Kim
Stover applicant and BMO Reo-I1 Retail LLC as owner dated received June 18,
2014.
3. Substantial conformance to "Plat of Survey" submitted by Kim Stover as
applicant and BMO Reo-I1 Retail LLC as owner dated received June 18, 2014.
4. The physical fitness facility will be restricted to 40 Tyler Creek Plaza located
within the Tyler Creek Shopping Plaza.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
6. Compliance with all applicable codes and ordinances.
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning &Zoning Commission
s/Sarosh Saher
Sarosh Saher, Secretary
Planning&Zoning Commission
4
., - ,...
- : .. ...
..,
.-
a 0 _
•., ...
,w,...,
: 4,
I I
Pe 1
....----------------
,.
Subject Property
T Petition 30-14 •
,<.. - . ..
T.. .,
..
111111 \ .
Byron
''.7 ..
- •,,,, 1
. • fili
..„
11
...„. ,. . ........
•• -
... .. .
- Tyler Creek-
t
• , . ... .
. . .
..,
I e ::
I . .. • i
• 0.1.
e i ■
1 4 . '
' ' ''"."414trliellOrirc a i
t IQ*
A. ..■
I ...WOO • .
1111 . .
• ;.
AP'lair : . !
- % ,
,
•• - ,— ...
..
Nu - glom ____ Big Timber_,,
,- ,
- •
_.....---,
, I .
Timber
• cu I - „..?..,'..,-....,,,,.. .--,: ,-
‘ ....I
,,, (..
—X • -. . ,
. ..'.,..k.,"
• _
4 "Ts..
..•'
' ,...
. . -. .e. -- 4. 44i
-"4V•
EXHBIIT A Aerial/Location Map N
A
City of Elgin 0 40 80 160 240 320
Department of Community Development 1Feet
.
k
2332. 1
`` ' RC1
gwym ..._ i
sgri
PRC
Subject Property
Petition 30-14
iiii
Legend
OResidence Conservation 1 l�A B
OResidence Conservation 2
DResidence Conservation 3
QPlanned Residence Conservation
OSingle Family Residence 1
OSingle Family Residence 2
OPlanned Single Family Residence 2
EMITwo Family Residence
-Multiple Family Residence
-Planned Multiple Family Residence
OResidence Business
Planned Residential Business
-Neighborhood Business
-Planned Neighborhood Business ■
-Area Business
-Planned Area Business
-Center City 1
-Center City 2
-Planned Center City
-Office Research Industrial
-Planned Office Research Industrial
-General Industrial a
III Planned General Industrial _
-CommercialIndustrial
-Planned Community Facility
-Community Facility
-Fox River Preservation
-Planned Center City 2
QPlanned Single Family Residence 1
Planned Two Family Residence AB
EXHIBIT B Zoning Map N
w!r->r
S
City of Elgin 0 50 100 200 300 400
Department of Community Development 1 Feet
4 � \
Subject Property
40 Tyler Creek Plaza
Petition 30-14
Byron
0603376016
)1
Tyler Creek
1
� II
Big Timber
EXHBIIT C Parcel Map N
City of Elgin 0 25 50 100 150 200
Department of Community Development Feet
SITE LOCATION EXHIBIT
40 Tyler Creek Plaza
Petition 30-14
k1414 '
„1 J 4...... ,t�:1:l
„ ' .1:s1 4 L..r
•
3 1 1.
1
!! fir
V
• ,
4
1 t
I.
i
lit i't r J I >
* r
L ..
•t.,.�.
i
✓ iii
1.
- P I L_ .. CalL=...vCJ n
Site Location
N
40 Tyler Creek Plaza
. a •''
a
. :1
•
r to II
_ 4 v.
I' ,
View looking west
SITE LOCATION EXHIBIT
40 Tyler Creek Plaza
Petition 30-14
a„ .. ft rAys 'S`,"",""' ra 4 p `i 1 1 f 'iM' `,., s� 'u.t '
kr 14 Ai /�•
1/4',‘ ;,_.... 14 If)* 9;""— 44—•„,,,...1 ,4 .4..,
ii..
r, ,+r.... � a► 4 _ ar... ..._it
arj16 1 0 21i#1";'14' egkL11‘Pvt. g !, 'a.4 r 4 .4 :' ----. Pjl '• L
View from Big Timber Looking North
C s ''t ' 4_
r fy,�� .
y
8
w s
— .
a }
II
if
allftlift
w
View from McLean Boulevard Looking Southeast