Loading...
HomeMy WebLinkAboutG15-22 Ordinance No. G15-22 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO MODIFY REGULATIONS FOR INDIVIDUAL AND FAMILY SOCIAL SERVICES WHEREAS, a written application has been made to amend various chapters of Title 19 of the Elgin Municipal Code entitled "Zoning" to modify the regulations for Individual and family social services (832); and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on February 7, 2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation of 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,regulations in the city's zoning ordinance relating to Individual and family social services (832),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 7,2022 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 Section 19.30.130. A. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Permitted Uses, Land Use, CF Community Facility District)be and is hereby further amended to add the following: "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 3. That Section 19.30.130. B. 1. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CF Community Facility District)be and is hereby further amended by deleting the following: Section 4. That Section 19.30.130. B. 1. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CF Community Facility District)be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, Marriage counseling services,Referral services for personal and social problems,Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 5. That Section 19.35.230. A. 5. of the Elgin Municipal Code, 1976, as amended,entitled"Services division"(Permitted Uses,Land Use,RB Residence Business District) be and is hereby further amended to add the following: "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 6. That Section 19.35.230. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, RB Residence Business District)be and is hereby further amended by deleting the following: Section 7. That Section 19.35.230. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, RB Residence Business District) be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 8. That Section 19.35.330. A. 5. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Permitted Uses, Land Use, NB Neighborhood Business District) be and is hereby further amended to add the following: 2 "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 9. That Section 19.35.330. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, NB Neighborhood Business District)be and is hereby further amended by deleting the following: Section 10. That Section 19.35.330. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, NB Neighborhood Business District)be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, Marriage counseling services,Referral services for personal and social problems,Self-help organizations for alcoholics and gamblers,and Telephone counseling service." Section 11. That Section 19.35.430. A. 5. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Permitted Uses, Land Use, AB Area Business District) be and is hereby further amended to add the following: "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 12. That Section 19.35.430. B. 3. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, AB Area Business District) be and is hereby further amended by deleting the following: Section 13. That Section 19.35.430. B. 3. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, AB Area Business District) be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, 3 Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 14. That Section 19.35.530. A. 5. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Permitted Uses, Land Use, CC1 Center City District) be and is hereby further amended to add the following: "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 15. That Section 19.35.530. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CC 1 Center City District) be and is hereby further amended by deleting the following: Section 16. That Section 19.35.530. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CC 1 Center City District) be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, Marriage counseling services,Referral services for personal and social problems,Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 17. That Section 19.35.730. A. 5. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Permitted Uses, Land Use, CC2 Center City District) be and is hereby further amended to add the following: "Individual and family social services(832),specifically including only the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies,Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 18. That Section 19.35.730. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CC2 Center City District) be and is hereby further amended by deleting the following: 4 Section 19. That Section 19.35.730. B. 4. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, CC2 Center City District) be and is hereby further amended to add the following: "Individual and family social services (832), except the following uses: Aid to families with dependent children (AFDC), Alcoholism counseling, nonresidential: except medical treatment, Counseling centers, Family counseling services, Family service agencies, Marriage counseling services,Referral services for personal and social problems, Self-help organizations for alcoholics and gamblers, and Telephone counseling service." Section 20. All above affected sections of Title 19 shall be either re-numbered and/or re- alphabetized accordingly. Section 21. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 22. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. tos avid . Ka am, yor Presented: March 23, 2022 Passed: March 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: March 23, 2022 tetoilt Published: March 23, 2022 imberly Dewis, ity erk ;� 5 EXHIBIT A February 7, 2022 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 01-22, an application by the Development Administrator of the City of Elgin, as Applicant,to amend Title 19"Zoning"of the Elgin Municipal Code, 1976 as amended, to modify the zoning regulations for individual and family social services(832)in the Business Districts and CF Community Facility District. GENERAL INFORMATION Petition Number: 01-22 Requested Action: Amend various parts of title 19 "Zoning"to modify the zoning regulations for individual and family social services(832) Applicant: Marc S. Mylott,AICP; Director of Community Development Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Development Application B. Draft Ordinance Recommendation & Findings of Fact Petition 01-22 February 7, 2022 TEXT AMENDMENT SUMMARY The City of Elgin is proposing a zoning ordinance text amendment to modify the zoning regulations for individual and family social services(832) in the Business Districts (RB,NB, and AB),the downtown Center City Districts(CC 1 and CC2),and the CF Community Facility District. Specifically, staff is proposing to allow counseling services, which are classified as a individual and family social service, as a permitted use in the same Business Districts, Center City Districts, and theCF Community Facility District. All zoning districts in the City's zoning ordinance include a list of land uses allowed as a permitted use, and a list of land uses allowed as a conditional use. If a business is classified as a permitted use,the applicant only needs to submit a business application for a business license and a certificate of occupancy, for administrative staff review, which is typically approved by staff within 10 business days. If a business needs to make interior or exterior modifications to the building and/or the site to accommodate the new use, then a building permit application with plans is submitted prior to the business application. The business license and the certificate of occupancy are issued after all work is complete and final inspections are approved. If a business is classified as a conditional use, the applicant must first submit a development application for conditional use approval (zoning approval). The applications for conditional use are reviewed by staff, the Planning and Zoning Commission at a public hearing, and by the City Council over two meetings. The development application review process typically takes 60-90 days from the date the City has a complete application to the final determination by the City Council. If the City Council approves the conditional use, the applicant then proceeds with the submittal of a business application or a building permit application. While some land uses have their own definition with Elgin's zoning ordinance, a vast majority of land uses listed in all zoning districts refer to the US Department of Labor's Standard Industrial Classification System for definition of each type of use. Figure 1 below provides an example of some of the permitted and conditional uses allowed in the RB Residence Business District. -2 - Recommendation & Findings of Fact Petition 01-22 February 7, 2022 ,9]SP,] 1905SS0 II Mpw .935 a? 19 Y,220 19 SS 00 a memo to m.prw.lus a... Iw uro•1em.2 a•urn.tM me TWO and RIMS..1000•(5RI ',eking u,1:ISRI 121.C4,040. C9r, 0•0000 n1 E..n a 10. m.ronpx M,..m• am 19 a3013'.IM.(ON.(.5.9]1].,99P) .M RR raewm..m..a9.1rrl IURCL. ,090041 I50I0 r 12001900/.0 n.nl .wry I. o..d m dos RR r the mm o• deme nn .m adores na l) crc.nne0.food nae,,opera.nn Mwaaa w«Ion nnlar.aa1 4. f.rmp.n pwo-m.y p idol s 45 er dr.Ind 1a�sm Mal,.nanlrrx:rrn eu `M. na .awnluv;I.;o-ur m..(9.In m.n.5 ,. r a..,1on1r ISRI ." m.I0TI9l IIRKIn. Rant..9..rcnmw.fa011 'I..N0 caM,lan r..YMI W.INtt.1561pj .om1.a. t m •�Ilwa a.n aywn mnre:,sn 1 ra on It o Rbromencooso and mment owne 0 0.00 9R.Oo u1o. SR) 'S.Yft•d M umrnv'I9p20C41 'Ryn: IONCI10.YwM 5, Puna.ra ..1) 00 b.aacl to lne pl ol wr.rm..0n , ILMCLI. r.Ote.MI53 n* w rrr 1 end 1M.y.porn nmm 1.aanlMR9.Ma.0ON.1>'01 19 0P re Pm.ION 0.5-9a 1].1992l Y,.r.1 n.r.nnernn 1e. In r r •001.11(040104 Yoe a.nr0 ym•.fo-.0002091 'T.nv ry une,IS..IURCII Ymr.ne.deal.(0) N .al n1 a.0 0 n..n.9 9.Y.PaS _Uatt1...Mr.0 O. 'i1,0001.1 W. .ea ISRI P09p0pn Ond 0040 1100 .0.nmr U C.nbo..1 Oom 10 to Moony eno. 1.n...nu.1001. aaa,r..a dams 1951 IUMCLI nw,un•,.aal 1.0u900a.200 no run0..IROI*a •a.q]00.^a.IP9991 O Mono Uv MI Ile..noe «nw..nc,.f..i0 m.n Re.p.+.lmra.'I]RI IUNC4 ,.eNn.cr..pnlc.w,m lNti nm.gnw.na an.r.N Dmno ...al ��n.....n n may 0 .wne.nnp m.o..lY1 cry0.ery mnn0'I]n11WGL1 0ata el ar.ad..ae nl Mrs.or 1 Y..9.a tom.or. •Pam .,rna'm Vol aon- I 004.100.0.19. n. woo.. Tnn.pnm,m nmmunr.mn end in otrer areas Y[SR)(URC4 0a,001. ..alv.*..,w c,..0 w.()m� .I 0 . I71?.0m.oa. enm9 uaao1.rn 5 , e k. 0Nn,DDOn. •I.OnmD.11a0*O0'ISR'on.TOO. Munn ) .0 094.a u ,.ynm d .r 1]I?IU.I31*9,0C51 ae•eaa a.Y ry maim and raw.'15R10.1 4 �. con...nw Imo U, on nt oner.am...a.wuewr.l rs. rnnn.nrar enn.r.vrcul .mend. e.Mm D.IR001 Ido,ISM IUfeCI) w�ew1..,P.v of ...,u ra Ymless 'T.of.mr,...RrY'ISRI.UNC4 ]vN.en...O...r. PP 1 I.3I Rr I]I ,nna*on I.ener..nm.«n.IM in/10 . a.. .w n taanj ..nimm.On e. RO p9.200 ti nor...0*3. mnm m 'wp 1.oa.wnmea a.e(.19t'ISM I.pone 10 pa.01Io.m m,3 RR NOW.n.lase I IU)on( eure w ...110 C WI ..n.. .flvup. an.enrol Ilr0C4 Nna ..a Orne 1.wq.to an.w.INn Ma Et.cr.. row p.ar51P9N1 .g arlrM v� ISRI11mr:4 0 IPd G.59Y I].19BPi I. 001.0..rraa 19 0 OD. a.rY 1 2.u.rpi arrt..Meion PM PIP r�gN.ery .m 9mmrn rcgrr 'OU, un c.r 9 1Yu.nor,m,�u. a innu r and noel nano I. u l 1.5]]p LOT 5"Y. D,.4,wa ma..apsn.p.m '.avnary 0001.dknoI 2,3 1 Io M dodo (19.3*Ona'.a 21 01 @RI o0n.m ,I S,enm Mn0Itt99) •CVm u .I.0.,1 m.nu•,'19R1 0.n0 de.'....m0 0a.91,.050e. n0 aa.fon aoI]I.cmaum IINCpm.E,mn4 4,011In cWr aY+n9.Y•.a.,0099; 0.pan.:N9111 Vlac4 M N ,(1 4,«p,,.of*Dawn 1919.m a OIo-*Ale.N m.pr«..9.s n9 OW. 1 09m d..en 1n. .9.nKN a..a D•mm..M+..n e.+1 1 oYeren.0.....a...... tr,e.r.P.arm w.•IWOa.e. or.la.00 '0.u4.I011(UNE, 'Fmcc.40«a1.•ISRI(mu R.uN wn.n(i999) S ncu.lr.o-dnnn5 R..ad 2010(011 .tined as•'urm.NO ae''SnR)a• I.'.ora.'.,ino w a From m.o.am,a Palate mdn L ,0, VWIU9CL1. Ile.p.0n,*1E991 don 15RI on.R9 r..rce we.a Omn ersn'a Emee.'.cr»nr.1S 11..D00,.10' Co. Aaln uNe yr ua IS]SI sale 1,AM Y: ,Sml Von.00.la w 00.1 A Parented * 11na 4 0.00020e4 ..e, ollr0a' ISM Moo.d„•.01.nr Orm I. 1.iY uro art.o.,wm ,v..•rp..mo5'ISO]IWLU r.rn.IW .1 roM n1, Iu0CLI u0n.ape,Ln 19.P aIx.1n0 Chu. .0wrwn.00nanoa a. n,MOW wn0« ne 70ra29b1. cq•04,. +r,.rr.vw a.p n rMn. ,,..✓u,.. tr..✓W. Figure 1.Exert from Section 19.35.230 Land Use of the zoning ordinance listing some of the permitted and conditiona uses in the RB Residence Business District Individual and family social services (832) land use category includes: "...establishments primarily engaged in providing one or more of a wide variety of individual and family social, counseling,welfare,or referral services,including refugee,disaster,and temporary relief services. This industry includes offices or specialists providing counseling, referral, and other social services..." The full list of uses classified under Individual and family social services (832) is provided in Figure 2. Individual and family social services (832) land use is allowed as a conditional use in all commercial Business Districts (RB,NB, and AB),the downtown Center City Districts (CC 1 and CC2), and the CF Community Facility District. The use is not allowed as a permitted use in any zoning district. On the other hand, offices and clinics of psychiatrists, psychologists, and psychotherapists are permitted uses in these zoning districts. From a land-use perspective, counseling services are indistinguishable from these offices and clinics of doctors and health practitioners. The proposed text amendment to the zoning ordinance would allow counseling services as a permitted use in the same Business Districts, the downtown Center City Districts, and the CF Community Facility District where they are currently allowed as a conditional use. Specifically, the following uses are proposed to be allowed as a permitted use (uses highlighted in yellow in Figure 2): 1 • Aid to families with dependent children(AFDC) • Alcoholism counseling,nonresidential: except medical treatment - 3 - Recommendation & Findings of Fact Petition 01-22 February 7, 2022 • Counseling centers • Family counseling services • Family service agencies • Marriage counselling services • Referral services for personal and social problems • Self-help organizations for alcoholics and gamblers • Telephone counseling service Description for 8322: Individual and Family Social Services Division I.Services I Major Group 83.Social Services Industry Group 832.Individual Arid Family Social Services 8322 Individual and Family Social Services Establishments primarily engaged in providing one or nrore of a wide variety of individual and family social,counseling,welfare. or referral services,including refugee,disaster,and temporary relief services.This industry includes offices of specialists providing counseling,referral,and other social services.Government offices directly concerned with the delivery of social services to individuals and families,such as issuing of welfare aid,rent supplements,food stamps,and eligibility casework,are included here,but central office administration of these programs is classified in Public Administration,Industry 9441.Social Security offices are also classified in Public Administration,Industry 9441.Establishments primarily engaged in providing vocational rehabilitation or counseling are classified in Industry 8331.and fraternal,civic,and social associations are classified in Industry 8641. • Activity centers,elderly or handicapped • Adoption services • Adult day care centers • Aid to families with dependent children(AFDC) • Alcoholism counseling,nonresidential except medical treatmenl • Centers for senior citizens • Child guidance agencies • Community centers • Counseling centers • Crisis centers • Crisis intervention centers • Day care centers,adult and handicapped • Disaster services • Emergency shelters • Family counseling services • Family location services • Family service agencies • Helping hand services • Homemakers service,primarily nonmedical • Hotlines • Marnage counseling services • Meal delivery programs • Multiservice centers,neighborhood • Neighborhood centers • Offender rehabilitation agencies • Offender self-help agencies • Old age assistance • Outreach programs • Parole offices • Probation offices • Public welfare centers,offices of • Referral services for personal and social problems • Refugee services • Relief services,temporary • Self-help organizations for alcoholics and gamblers • Senior citizens associations • Service leagues • Settlement houses • Social service centers • Telephone counseling service • Travelers aid centers • Youth centers • Youth self-help organizations Figure 2.List of Individual and Family Social Services All other uses classified under Individual and family social services(832)would remain classified as a conditional use. Many of those more closely resemble assembly uses than offices and clinics -4 - Recommendation & Findings of Fact Petition 01-22 February 7, 2022 of doctors and health practitioners, and need to remain as a conditional use. Over the last several years, staff has experienced a substantial increase in inquiries about establishing counseling services. The proposals range from larger counseling centers offering a variety of services for a variety of mental health conditions,to small one-or two-room offices with one or two providers providing counseling services tailored to such provider's expertise, such as alcoholism or family matters. Some of those inquiries result in the submittal of a development application for the conditional use approval,while others don't. Over the last four years, the City received and processed six applications for conditional use to establish a counseling service. In all instances, the applicants were not proposing any exterior changes to the building or the site, and only minor interior renovations to accommodate the proposed use. All six were approved unanimously with no objections from the public or surrounding businesses. If the proposed amendment is approved, it would reduce start-up costs for counseling businesses and it would save approximately 60-90 days of review time necessary for the approval of a development application for a conditional use. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application: STANDARDS FOR TEXT AMENDMENTS For consideration by the Planning and Zoning Commission, the Community Development Department offers that the proposed text amendment complies with the following purposes and intent of the Zoning Ordinance(§ 19.05.300): ❑ Promote the public health, safety,comfort,morals,convenience, and general welfare; ❑ Conserve the taxable value of land and structures throughout the city; ❑ Establish standards to which building or structures therein shall conform; and ❑ Prohibiting uses, buildings, or structures incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts. In addition,the Comprehensive Plan includes the following objective: Identify opportunities to enhance the City's competitiveness for business and employment investment, including evaluating the current regulatory environment (see Chapter 11, - 5 - Recommendation & Findings of Fact Petition 01-22 February 7, 2022 Implementation Action Matrix, Commercial Areas, Goal #2: Further Develop the City's Economic and Employment Development Programs, Business Friendliness: Community Competitiveness Assessment). RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 01-22. The vote of the Planning & Zoning Commission on the motion to recommend approval was four (4)yes,one(1)no, and zero(0) abstentions. Two members were absent. Respectfully Submitted, s/Jav Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 6 -