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G31-18 Ordinance No. G31-18 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE CCI CENTER CITY DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (225 East Chicago Street, Unit B) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 225 East Chicago Street Unit B; and WHEREAS, the zoning lot with the building containing the premises at 225 East Chicago Street Unit B is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the CC1 Center City District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility is listed as conditional uses within the CC1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 7, 2018 following due notice including 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 CC 1 Center City District pertains 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 May 7, 2018, 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 physical fitness facility is hereby granted for the property commonly known as 225 East Chicago Street, Unit B, commonly identified by Kane County Property Identification Number(PIN) 06-13-302-011, and legally described as follows: The North 46 feet of Lot 1 in Block 11 of The Original Town of Elgin, Kane County, Illinois, as laid out by James T. Gifford more particularly described as follows: Beginning at the intersection of the West line of Villa Street with the South line of Chicago Street, running thence West along the North line of said Lot and the South line of Chicago Street 66 feet; thence South along the West line of said Lot, 46 feet; thence East parallel with the South line of Chicago Street, 66 feet to the West line of Villa Street; thence North along West line of Villa Street, 46 feet to the place of beginning; situated in the city of Elgin, Kane County, Illinois. 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 submitted by Maria Bullock, as applicant, and Andrew Cuming, as property owner, received March 22, 2018, and supporting documents including: a. Undated Maria Bullock Business Plan Nutrition and Zumba fitness club/studio letter, received March 22, 2018; b. Fit Partners narrative letter, dated March 8, 2018; c. Plat of Survey, prepared by Schlaf-Sedig& Associates, Inc., dated May 21, 2017; d. Undated floor plan submitted for the certificate of occupancy permit for retail drug store; and e. Undated floor plan, received March 28, 2018. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. a.. Davis . apt..1, M. or 2 Presented: June 27, 2018 Passed: June 27, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 27, 2018 Published: June 28, 2018 A e• : Isil lAi/ /! . / ... F� � Kimberly Dewis, Ci , erk� ,�r�" %ft\4 ": 3 EXHIBIT A May 7, 2018 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 08-18, an application by Maria Bullock,as applicant, and Andrew Cuming, as property owner,requesting a conditional use to establish a physical fitness facility at the property commonly referred to as 225 E Chicago Street, Unit B., zoned CC1 Center City District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 08-18 Property Location: 225 E. Chicago Street, Suite B Requested Action: Conditional Use for a physical fitness facility(Zumba dance studio) Current Zoning: CC 1 Center City District & ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. CC1 Center City District ARC Arterial Road Corridor Overlay District Existing Use: Retail drug store with a restaurant Proposed Use: Retail drug store with a restaurant, and a physical fitness facility (Zumba dance studio) Applicant: Maria Bullock Owner Andrew Cuming Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map Recommendation & Findings of Fact Petition 08-18 May 7, 2018 B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Maria Bullock,as applicant, and Andrew Cuming, as property owner, are requesting a conditional use to establish a physical fitness facility at the property commonly referred to as 225 E Chicago Street, Unit B. The subject property is zoned CC1 Center City District and ARC Arterial Road Corridor Overlay District. The subject property is an approximately 1,700-square foot commercial space located on the ground floor of the two-story, 6,000-squuare foot mixed-use building. The existing building sits on a 3,036-square foot lot located in downtown Elgin at the southwest corner of E. Chicago Street and Villa Street. The ground floor includes one other commercial space currently occupied by a beauty salon/barber shop. The second floor includes seven residential units. The existing building covers the entire lot, and there is no vehicular access to the property. Pedestrian access to both commercial units and to the second floor residential units is provided from E. Chicago Street. The subject commercial space is currently occupied by Fit Partners, a retail drug store selling over- the-counter dietary supplements, vitamins, and Herbalife products. The facility is also classified as an "eating place" (restaurant) with a food establishment permit as it also includes a service counter offering made-to-order protein shakes. The existing facility functions as a nutrition club providing personal nutrition plans for various life-style and fitness goals. The hours of operation of the retail drug store are 7:00 am— 12:00 pm and 4:00 pm— 10:00 pm Monday through Sunday. The 1,700-square foot commercial space is divided into two areas. The existing retail drug store primarily occupies the eastern 900 square feet nearest the main entrance. - 2 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 ir LI A. ilia. i '• 7 r` k. 111 4.46, 11_ • ark t f_ Figure 2: The subject property at 225 E. Chicago Street. Proposal The applicant is requesting conditional use approval to offer Zumba dance classes and other aerobics classes in the remaining 800-square foot area of the commercial space. The area to be devoted to dance classes is already set up as open space suited for group exercises. The applicant is proposing to offer two classes per day: at 9:00 am and at 6:00 pm, seven days a week. The applicant anticipates a maximum of 10 participants per class. The proposed dance and aerobics classes would complement the applicant's business model to further help its clients and members achieve various fitness goals. The applicant is not proposing to make any interior or exterior changes to the existing commercial space. Any new street graphics would have to comply with the sign ordinance requirements. - 3 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 windosus E9trysi4 E Qy< i ,voLD1NG9 \N dub's o- ;sepacahort oC Wtrdou.'S I et " , N !s.�raVion of p t-' A.,' i._-.... .e '--:- ',► 1'• Iwi►' 1L1. ; III III rL I flee 0?(1^, . f'f i� I1 z I ccd r•�l 4 t (1 16 g11.1. U I r z 0 X 00 o ■ 3. - S. �� I 3 js o ■ 'e ; , s.• -- - �� .._...� ' t 4. : t �• got ill: Table boar 1 ( X101 .• i' +epoco,�tott of betI t,F Figure 3:Proposed floor plan. The facility is not required to provide parking. Per the zoning ordinance, off-street parking is not required for any land use within the CCI district. On-street parking is provided on both sides of E. Chicago Street adjacent to the existing building and the subject commercial space. On-street parking is prohibited along Villa Street directly in front of the existing building, but is provided on both sides of the street further to the south. Staff anticipates employees and customers would use available on-street parking or the City-owned Spring Street parking garage located one block to the west at the northeast corner of Spring Street and E. Chicago Street. The proposed physical fitness use is classified as a conditional use in the CC 1 Center City District and requires the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The existing building was constructed in 1900. The property was originally classified as D Commercial District by the first zoning ordinance in 1927. In 1962, the property was rezoned to B2 Central Business District. In 1992, the property was rezoned to CC 1 Center City District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. -4 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 B. Surrounding Land Use and Zoning. The properties to the north, south, and west are zoned CCI Center City District. The property to the east, across Villa Street,is zoned CC2 Center City District. The property is surrounded by commercial or institutional uses on all sides. The property adjacent to the west is a three-story commercial building. The property adjacent to the south is improved with a two-story Knights of Columbus Council 654 building. The property to the east across Villa Street is improved with a two-story commercial building home to AT&T offices. And the property to the north across E. Chicago Street is improved with a two-story commercial building home to YWCA. C. Comprehensive Plan. The subject property is designated as "Community Mixed-Use Center"by the City's 2005 Comprehensive Plan. Community Mixed-Use Centers provide 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 service. 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 hard 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 sidewalks rather than large parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. 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 + du/ac), employment, educational, civic, and office uses,combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian, bicycle, transit and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. Buildings and structures of historic or architectural value are maintained in active service, where feasible. D. Zoning District. The purpose and intent of the CC1 Center City District is to facilitate the implementation of the official comprehensive plan for the city center, 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. - 5 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 E. Trend of Development. The subject property is located within the traditional downtown area that has historically been developed with a mix of commercial, retail, service, restaurants,residential, and institutional uses.The most recent new construction in the area was the completion of the first phase of the Fountain Square development building in 2007. The property is located near several small retail stores, and restaurants including the Elgin Public House and Delish Cakes, both located on the same block of E. Chicago Street. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 08-18 on May 7,2018. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings&Recommendation to the Planning&Zoning Commission dated May 7, 2018. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: STANDARDS FOR CONDITIONAL USE 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 suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The proposed physical fitness use will occupy approximately 800 square feet of the existing 1,672-square foot retail drug store which specializes in selling made-to-order protein shakes, dietary supplements, vitamins and Herbalife products. The commercial space is one of two commercial tenant spaces located on the ground floor of the two-story 6,000-square foot mixed-use building.The applicant is not proposing to make any interior or exterior changes to the building or the site. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use. 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. - 6 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property and the subject commercial space are currently served by municipal water, sanitary sewer,and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities or to the storm water control facilities.The existing sewer, water, and storm water facilities can adequately service the proposed use. 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 subject property is suitable 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. The existing 6,000-square foot mixed-use building covers the entire 3,036-square foot property with no on-site parking or vehicular access. Pedestrian access is provided from E. Chicago Street. The zoning ordinance does not require off-street parking be provided by any land use within the CC 1 district. On-street parking is provided on both sides of E. Chicago Street adjacent to the existing building. On-street parking is prohibited along Villa Street directly in front of the existing building, but is provided on both sides of the street further to the south. The employees and visitors of the proposed use are expected to utilize on-street parking or the city-owned Spring Street parking garage located one block to the west at the northeast corner of Spring Street and E. Chicago Street. The proposed use will not have any negative effect on the existing traffic circulation in the immediate area. 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 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. The applicant is not proposing to make any interior or exterior changes to the building or the site. The existing retail drug store has an existing window graphic. Any new signage will have to meet the sign ordinance requirements. The existing 1,672-square foot commercial space can adequately accommodate the existing retail drug store with a service counter for protein-shakes, and the proposed Zumba dance studio.The dance studio would occupy approximately 800 square feet of the existing space. The proposed dance studio would hold two classes per day, one in the morning and one in the early evening,which is similar to the hours of operation of other downtown businesses. - 7 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 The proposed use will complement existing residential uses in the building and other surrounding commercial uses in the area. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. E. 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 neither designated as a local historic landmark nor is it located within a locally designated historic district. However, the property is part of the recently established Downtown Elgin Commercial National Register Historic District. While no City or State regulations are associated with this designation,the applicant does not propose any changes to the exterior of the building. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 08-18, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Maria Bullock, as applicant, and Andrew Cuming, as property owner, received March 22, 2018, and supporting documents including: a. Undated Maria Bullock Business Plan Nutrition and Zumba fitness club/studio letter, received March 22, 2018; b. Fit Partners narrative letter, dated March 8, 2018; c. Plat of Survey, prepared by Schlaf-Sedig& Associates, Inc., dated May 21, 2017; d. Undated floor plan submitted for the certificate of occupancy permit for retail drug store; and e. Undated floor plan,received March 28, 2018. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances. - 8 - Recommendation & Findings of Fact Petition 08-18 May 7, 2018 The vote of the Planning&Zoning Commission on the motion to recommend approval,subject to the conditions outlined by the Community Development Department, was six(6)yes,zero(0)no, and zero(0) abstentions. One member was absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning&Zoning Commission - 9 - t �i L7 Division St i. A •• ilk i ami ,R_ 7511111%;" t' F SRT / !t Er 1, ...I '' t i _� IMO , 'w-; 'i—i— MI 7 rs •... *--.0 y - ..& - -,e, - 2-t I -.1.- • _ - Highland Ave _ _ • • Subject Property — �" ` � Petition 08 -18 �� le w . 7\-_ 1 lAall , a 7 , ii- ,L • , • . . . _ice. . = Z boil , 41,11 Chicago St - , , ,- I 111j ��' - 111111t ri .._ li.' • , ,. ,, . :au- iiii _. E. i,,G kii . Milo i ... . — lir yN • - I - 1•1'4) 411` ' -"7 . o•li - •:•:.-- 1. , 1., Dgai p . I - rein s k • •,-, ,,- r 1--••70-, - ,r„ DuPage Ct .. .., � �� orriedti DuPage St r_ �. s t -.111141111• 11111 \ ...; ., - . • Ii 1114,41_ . . , , . .0.... • ;ate . 44, q -1 ' ‘,..i.12— 4 mom . . 0 . • c n� V , "la) Ailliiiil I j rniNlin ,. .111111L, - ' ." 1411°‘ \ • _ -, d s 4' •,. i 1 . -N\ • k ; $ . 4111411‘. EXHIBIT A Aerial/Location Map " w+e S Map prepared by City of Elgin 0 25 50 100 150 20 Feet Department of Community Development P lb Ps iiii n cadsi.. o§ Dexter Ct Dexter Ave aTI SW' 111 Division St . Subject Property Petition 08-18 RB Highland Ave c I o._ p t V'L O St Legend �/( (��� O Q RC1 Residence Conservation 1 ��C� ChicagIiiij 1111 ORC2 Residence Conservation 2 RC3 Residence Conservation 3 QPRC Planned Residence Conservation Q SFR1 Single Family Residence 1 OPSFR1 Planned Single Family Residence 1 Q SFR2 Single Family Residence 2 OPSFR2 Planned Single Family Residence 2 SW Q TRF Two Family Residence DuPage Ct DuPage St I OPTRF Planned Two Family Residence Q MFR Multiple Family Residence QPMFR Planned Multiple Family Residence A Q RB Residence Business gym.. QPRB Planned Residential Business 0 44;11.1NB Neighborhood Business e - -PNB Planned Neighborhood Business -AB Area BusinessIni ■■ -PAB Planned Area Business -CC1 Center City 1 -CC2 Center City 2 -PCC Planned Center City Mil -ORI Office Research Industrial -PORI Planned Office Research Industrial -GI General Industrial 4A -PGI Planned General Industrial N 0 .t. C -CI Commercial Industrial 9.c. co -CF Community Facility NI -PCF Planned Community Facility EXHIBITS Zoning Map N w+E S Map prepared by City of Elgin 0 50 100 200 300 400 Feet Department of Community Development L._ Subject Property 225 E. Chicago St. Unit B Petition 08-18 w U Chicago St 0613302011 w y co EXHBIIT C I N Parcel Map City of Elgin 0 5 10 20 30 40 Department of Community Development Feet EXHIBIT D SITE LOCATION 225 E. Chicago Street Petition 08-18 iubject Property _ r I� i, -� . • ._ IR __ +_ it t _,.,_ _ -:� ,���•,► .• _ — _.o . mom 4, 'fir`. ist ti Alb • 4 - _1 - I " .�I 'i ' Ir l'" : ' •.R ' e .••46:.,� ,: ; I MI. . `ti l • s,+al 1.1 — Il •� \. _ � IV ,•' t.).._ F.I 2 ' OP I . " ...! • 41 .• , _ IC *-. � - , ~'. - iA,-..-•:..�'-i11 R• fila 1 t„.. 1.1 ' ` -- 40"4 ,�-.f• ,tom 4.. saki .1 -.._ 'l �'�.y�. �1 �u -. tel arm , l. . 0�'ot_ ♦ '1, I t �A tapR� rim '!i • -� O. b •/�- . Pic ....•. ,y Bird's Eye View Looking North - _ . .. . 1�� .,rr. , t .. y .. - • I • . . • 1 �. i r k ` ,.,• "` 4. -40'. , ___ 4 - :I.., Y►_ 1" y r , „0".....,...0„ i e r, t: i. 1 . i Al i, ,4.Subject Property + ilna I a fl.i....;1 - ;9 Mc-r,.,,1.. ., Bird's Eye View Looking West EXHIBIT D SITE LOCATION 225 E. Chicago Street Petition 08-18 w . i-u- I- • -I f, 4 . .. ,.., I al 1 . 111111 Subject property Fit Partners " . 11011A : OEM Ilit le 11 i ER _ �.ry . a 11111 , -11 ____' -' -r-. -iiir ---iiiimr.‘ -....-ii: ....• Front elevation EXHIBIT D SITE LOCATION 225 E. Chicago Street Petition 08-18 .,. ,� "-- ' Sp k .,-- ., t to,.. .A. ..„_,,.......... . ,,is_kwimitt.,z.z.„......, .......: , ,.... . %..16.1.., _ ,... • **4-... z.....Nek....„... ' a fit', III 61. ,• \, - e w .l:. .. 01- . '1.1'$ 11:11111141011;1 .."-'*- act,. V.... . I 1111.1 11 ---... it :.,-. iivk„,•,..,Te„,, ,,,. IL - V Ir x,l...., _.� . 0 , )k.,...N\1/41:"IN'ter" : ;- I Adjacent properties to the west along E. Chicago St. 1111111111 - r R.. _ 1111111111111.11.1"- . -irrif . i 1 , . • t:_- _..... 1111 P -len uf �— ice''"vrin""- 11 . , , , .._cii ,;. - ....ttoi. v„.11,,, Nu ilif rill/WP • . 5,,,- .. 1.!.—_-.- , n .. _ ......„ • ,... ____ ......_ I,. 1......./_ lx.,15.7. , ., .._ - ris..... - .4••••01 -- ‘ - Google glib AIIIP YWCA building at NW corner of E. Chicago St. and Center St.