G14-16 Ordinance No. G14-16
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A DRIVING SCHOOL CLASSROOM
IN THE AB AREA BUSINESS DISTRICT
(75 Market Street, Suite 2)
WHEREAS, written application has been made for a conditional use at 75 Market Street,
Suite 2; and
WHEREAS, the zoning lot with the building containing the premises at 75 Market Street
is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area Business District and a
classroom within a driving school is considered an assembly use and is a conditional use within
the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing
concerning said application on February 1, 2016, following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated
below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional
use in the AB Area Business District pertain to the government and affairs of the city.
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 February 1, 2016, and the recommendations made by the Community Development
Department and the Planning and 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 for a classroom within a driving school is hereby
granted for the property commonly known as 75 Market Street, Suite 2, commonly identified by
Kane County Property Identification Number (PIN) 06-15-304-021, and legally described as
follows:
Lot 3 of Elgin West Subdivision, City of Elgin, Kane County, Illinois.
Commonly Known as 75 Market Street, Elgin, Illinois
Parcel no. 06-15-304-021
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application and Attachments, submitted by
Ms. Aides Valentin, Owner of City Xpress Driving School, and consisting of the
following exhibits:
a. Statement Purpose and Conformance dated December 18, 2015.
b. Unit Layout Plan for Market Plaza.
c. Internal Floor Plans
d. Letter from David Schmidt of RealtyMetrix, representative and agent of the
owner, dated December 9, 2015, providing the consent of the property owner.
In the event of any conflict between the foregoing documents and the provisions of this
ordinance or other applicable city ordinances, the provisions of this ordinance or other
applicable city ordinances shall supersede and control.
2. The classrooms of the driving school shall be restricted to Suite 2 located within the
property at 75 Market Street.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
di■ear_
David J. Ka. ain, %ayor
Presented: March 16, 2016
Passed: March 16, 2016
Vote: Yeas: 9 Nays: 0
Recorded: March 16, 2016
Published: March 1 8, 2016
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Attest:
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Kimberly Dewis, Ci Clerk -. ; r
February 1, 2016
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, ILLINOIS
SUBJECT
Recommendation and findings of fact for Petition 29-15, an application by Aides Valentin as
applicant, and 75 Market Street LLC, as owner to establish classrooms within an existing driving
school at the property located at 75 Market Street, Suite 2, located within the AB Area Business
District.
GENERAL INFORMATION
Petition Number: 29-15
Requested Action: Approval of a Conditional Use
Current Zoning: AB Area Business District
Existing Use: Two story commercial building
Property Location: 75 Market Street. Suite 2
Applicant: Aides Valentin d/b/a City Xpress Driving School
Owner: 75 Market Street LLC
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. Development Application and Attachments
F. Draft Conditional Use Ordinance
Exhibit A
Findings of Fact
Petition 29-15
February 1, 2016
BACKGROUND
Aides Valentin d/b/a City Xpress Driving School requests conditional use approval to expand an
existing driving school to add a classroom within one of the tenant spaces at the "Market Plaza"
commercial center. The center is located on the west side of Elgin, immediately behind and north
of the Jewel-Osco grocery store on Larkin Avenue. The driving school currently operates its main
office out of Suite 2 within the commercial center. The applicant intends to establish a classroom
facility on the premises to operate on Mondays through Wednesdays between 6:30 p.m. and 8:30
p.m. and every other Saturday from 8:00 a.m. to 2:00 p.m. The proposed occupancy of the
classroom will vary from 1 to 4 students during the Saturday class and 4 to 8 students on weekday
classes.
The land use component is an "assembly use" and is classified as a conditional use within the AB
Areas Business District and as such requires approval through a public hearing process of the
Planning &Zoning Commission and final approval of the city council.
The Community Development Department offers the following additional information:
A. Zoning History. The subject property was annexed to the city in 1962 as part of the
Burnidge-Baier Annexation under Ordinance S-683 and was classified as B3 Service
Business District. In 1992,the property was classified within the AB Area Business District
as part of a comprehensive amendment to the zoning ordinance.
The two-story building that comprises the Market Plaza Shopping Center was built in 1978.
The center has since been occupied primarily with land uses related to finance, insurance,
real estate, legal and medical services. Suite 2 was previously used by a medical office.
B. Surrounding Land Use and Zoning. The areas to the south and west are zoned AB Area
Business District. The properties to the west are developed with similar office and service
uses and the property to the south is developed with the Jewel-Osco Grocery store. The
area to the north is zoned MFR Multiple Family Residence District and developed with
two-story apartment dwellings. The property to the east is zoned CF Community Facility
District and is developed with a skilled nursing and memory care facility known as
Riverview Rehab Center.
C. Trend of Development. The subject property is located within an area that has developed
with a mix of commercial, service, institutional and residential uses that are part of
development of the Larkin Avenue corridor.
D. Comprehensive Plan. The subject property is designated as "Highway Commercial" by
the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that,
Areas designated Highway Commercial typically serve 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
2
Findings of Fact
Petition 29-15
February 1, 2016
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.
E. Zoning District. The purpose of the AB area business district is to provide commodities
and services to several neighborhoods, and in some instances to a communitywide or
regional supporting population.AB zoning districts are limited by the applicable site design
regulations to an intermediate scale of development relative to NB neighborhood business
districts and the CC 1 center city district.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 29-15 on February 1, 2016. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning
Commission dated February 1, 2016.
The Community Development Department and the Planning & Zoning Commission have made
the following general findings against the standards for a conditional use as outlined within §
19.65.030:
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 of this conditional use,
Suite 2, is part of a zoning lot addressed as 75 Market Street. The site is approximately
78,097 square feet in land area (1.8 acres) and is improved with an approximately 30,090
square foot two-story "L"-shaped commercial building constructed in masonry and
containing 26 tenant spaces ranging in floor area from 1,000 to 12,500 square feet. Suite 2
has a floor area of approximately 1,000 square feet and is located on the 1' Floor of the
easterly wing of the building.
Site improvements consist of a parking lot and paved areas in front of and surrounding the
building. Vehicle use area landscaping is provided on the periphery of the parking lot and
driveways, and in the islands at the end of parking aisles.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
3
Findings of Fact
Petition 29-15
February 1, 2016
Findings. The conditional use meets the sewer and water standard as the subject property
is currently served by municipal water, sanitary sewer and storm water systems.
C. Traffic and Parking Standard. The suitability 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 proposed use meets the traffic and parking standard. The property has
frontage on Market Street,which is a local street providing access to the various businesses
along that street.
Access to the property is provided at two locations along the south lot line with frontage
along Market Street. Each unit or suite is provided with its own access to the exterior by
means of an arcade at ground level or a balcony at second floor level.
Shared parking is provided in conformance with the requirements of the zoning ordinance.
The property is currently designed with 105 parking stalls of which five are accessible
spaces. A majority of the parking spaces are located at the front and west of the building
and are designed as traditional perpendicular parking spaces. The spaces located at the rear
of the building and designated as employee parking are designed as angled and parallel
parking spaces.
The clients of the driving school will be dropped off and picked up by licensed drivers not
requiring any long term use of the parking lot. This activity will not interfere with the peak
demand of the remaining commercial businesses within the center. The cars of the sole
employee and the driver education vehicle will be parked within spaces at the rear that are
set aside for employee parking.
D. 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 conditional use meets the location, design, and operation standard. 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.
The classroom facility on the premises will operate on Mondays through Wednesdays
between 6:30 p.m. and 8:30 p.m. and every other Saturday from 8:00 a.m. to 2:00 p.m. The
proposed occupancy of the classroom will vary from 1 to 4 students during the Saturday
class and 4 to 8 students on weekday classes.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
4
Findings of Fact
Petition 29-15
February 1, 2016
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 as the subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department recommends approval of Petition 29-15, subject to
conditions. The Planning & Zoning Commission concurs with the Community Development
Department and recommends approval of Petition 29-15 subject to conditions. On a motion to
recommend approval, subject to the conditions outlined by the Community Development
Department the vote was six (6) yes and zero (0) no. The conditions for approval voted on by the
Planning & Zoning Commission are:
1. Substantial conformance to the Development Application and Attachments, submitted by
Ms. Aides Valentin,Owner of City Xpress Driving School, and consisting of the following
exhibits:
a. Statement Purpose and Conformance dated December 18, 2015.
b. Suite Layout Plan for Market Plaza.
c. Internal Floor Plans
d. Letter from David Schmidt of RealtyMetrix, representative and agent of the owner,
dated December 9, 2015, providing the consent of the property owner.
In the event of any conflict between the foregoing documents and the provisions of this
ordinance or other applicable city ordinances, the provisions of this ordinance or other
applicable city ordinances shall supersede and control.
2. The classrooms of the driving school shall be restricted to Suite 2 located within the
property at 75 Market Street.
3. Compliance with all applicable codes and ordinances.
5
Findings of Fact
Petition 29-15
February 1, 2016
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
s/ Sarosh Saher
Sarosh B. Saher, AICP, Secretary
Planning &Zoning Commission
6
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Map prepared by City of Elgin i , , , , • • iFeet
Department of Community Development