Loading...
HomeMy WebLinkAboutG2-22 Ordinance No. G2-22 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (15 North Union Street) WHEREAS, the territory described herein has been previously classified in the PGI Planned General Industrial District pursuant to Ordinance No. G92-98; and WHEREAS, written application has been made requesting conditional use approval to establish an individual and family social service at 15 North Union Street; and WHEREAS,the zoning lot with the building containing the premises at 15 N.Union Street is legally described herein(the "Subject Property"); and WHEREAS, the Subject Property is located within the PGI Planned General Industrial District established by Ordinance G92-98, and an individual and family social service is listed as a conditional use within the PGI Planned General Industrial District established by Ordinance No. G92-98; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on December 6, 2021, 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 unit may exercise an WHEREAS,the City of Elgin is a home rule unit and as a home rule u t y y 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 PGI Planned General Industrial 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 December 6, 2021, 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 an individual and family social service is hereby granted for the property commonly known as 15 North Union Street, which is part of the property commonly identified by Kane County Property Index Number 06-14-328-043, and legally described as follows: Block I of S. Wilcox Addition to Elgin and Lot 1 (Except The Northerly 18 feet) In Block 11 of S Wilcox Addition to Elgin, Also That Part Of The Southwest Quarter Of Section 14, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Center of Said Sectionl4; Thence West Along The North Line of Said Southwest Quarter 10.90 Chains; Thence South To The Northeast Corner Of Block I Of S. Wilcox Addition to Elgin, For A Point of Beginning. Thence West Along The North Line of Said Block 201 Feet 11 Inches To The Southeast Corner of Lot 1 In Block II of Said S. Wilcox' Addition; Thence North Along The East Line Of Said Lot 1, 48 feet To A Point 18 Feet South Of The Northeast Corner of Said Lot , Thence East Parallel With the North Line of Said Lot 1,Extended 26 Feet To A line Drawn Parallel With And 125 Feet East Of the West Line of Lot 1, 2 And 3 (Measured Along The North Line of Said Lot 1 Extended)Thence North On Said Parallel Line to A Point 2.98 %2 Chains North Of The North Line of Block 1. Aforesaid; Thence East Parallel With The North Line of Said Block I To The West Line Of The Tract Of Land Conveyed to Wm. C. Kimball By Deed Dated September 14, 1846, And Recorded January 18, 1859, In Book 56, Page 508; Thence South 2 98 %2 Chains To The Point of Beginning,(Except Therefrom Those Parts Conveyed By The Following Deeds' Deed Document 2003k106466 Recorded 6/27/2003, Deed Document 2000000668 Recorded Jan 4, 2000 And Deed Document 1999051110 Recorded May 20, 1999)All in City of Elgin, Kane County Illinois. (commonly known as 5-23 North Union Street) 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 Agua Viva Elgin,as applicant,and Oak Tree Properties of Elgin,LLC,as property owner,received April 23, 2021, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, dated September 29, 2021; b. Plat of Survey, prepared by Dale A. Floyd, dated September 3, 1998; c. Undated 4-page building floor plans, dated received May 20, 2021, with such further revisions as required by the Community Development Director. d. Undated floor plan prepared with "magicplan", dated received May 24, 2021, with such further revisions as required by the Community Development Director; e. Cover Sheet, Codes & Site Plan, prepared by Manheim Architecture, dated September 21, 2021, with such further revisions as required by the Community Development Director 2 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. The proposed individual and family social service is hereby permitted to relocate and/or expand within the existing building located at 9-23 N. Union Street without the need to amend this conditional use approval. 4. 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. David J. Ka in, Wayor Presented: January 26, 2022 Passed: January 26, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 26, 2022 1 Q ' Published: January 26, 2022 "A Cl \ k A st: C/ Kimberly Dewis, Uy Clerk 3 EXHIBIT A December 6, 2021 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 and Zoning Commission regarding Petition 22-21,an application by Agua Viva Elgin, as applicant, and Oak Tree Properties of Elgin, LLC, as property owner, are requesting a conditional use to establish individual and family social services at the property commonly referred to as 15 N. Union Street. GENERAL INFORMATION Petition Number: 22-21 Property Location: 15 N. Union Street Requested Action: Conditional use for individual and family social service Current Zoning: PGI Planned General Industrial District, established by Ordinance No. G92-98 Proposed Zoning: No change. PGI Planned General Industrial District Existing Use: Vacant commercial tenant space within a multi-tenant office building Proposed Use: Individual and family social service Applicant: Agua Viva Elgin Owner Oak Tree Properties of Elgin, LLC Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial/Location May Recommendation & Findings of Fact Petition 22-21 December 6, 2021 B. Zoning Map C. Parcel May D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Agua Viva Elgin, as applicant, and Oak Tree Properties of Elgin, LLC, as property owner, are requesting a conditional use to establish individual and family social services at the property commonly referred to as 15 N. Union Street. The 1.3-acre property is located on the near west side of Elgin, on the east side of Union Street approximately 100 feet north of W.Chicago Street.The property is improved with a 34,000-square foot multi-tenant office building and a surface parking lot located in rear of the building with 68 parking spaces. The subject tenant space is a 5,000-square foot office space, located on the first floor of the building. The subject tenant space is the only vacant tenant space in the building. The other tenants in the building include a fitness facility within units 9-11 N. Union Street, IFE, a storage facility within unit 17 N. Union Street, BHFX, an office use, within unit 19 N. Union Street, University of Illinois Archeological Survey offices within unit 21 N. Union Street, and Young Rembrandts, an office use in unit 23 N. Union Street. The property was zoned in the PGI Planned General Industrial District by ordinance G92-98 in 1998. The three properties adjacent to the north 37, 39, and 41 N. Union Street, all improved with one-story buildings are also zoned PGI Planned General Industrial District established by Ordinance G92-98.The three properties share the parking lot with 15 N.Union Street property. 37 N. Union Street is home to Acme Design, a design company, 39 N. Union Street is currently vacant, and 41 N. Union Street is home to Metal Finishing Pros. Corp., a metal manufacturing contractor. Further to the north and adjacent to the on-site parking lot is the River West Commons multiple-family buildings zoned RC3 Residence Conservation District. The property adjacent to the south and east is zoned NB Neighborhood Business District and is improved with The Big Oak shopping center, a multiple-tenant commercial building home to various retail uses, including Golden Skillet and Mel's Pizza restaurants. Single-family homes, zoned RC3 Single Family Residence District, are also located east of the on-site parking lot. The properties to the west across N. Union Street are zoned RC2 Residence Conservation District and are improved with single-family homes. -2- Recommendation & Findings of Fact Petition 22-21 December 6, 2021 6 i nx•x �nai+ o e, n i Sub'ed ro pert r' ' 7� >:u i Y - r pp, Figure 2.Site area map with zoning overlay Agua Viva Elgin is proposing to open a counseling center within the 5,000-square foot office space at 15 N. Union Street. Agua Viva is a self-help/support group that is 100% volunteer based and has no paid employees. The counseling program offered is based on 36 principles of Alcoholics Anonymous, a 12-step program which helps individuals understand and control their emotions by sharing mutual experiences. The group therapy sessions are guided by a member who has more than one year experience in the program, and who gives the group a daily topic of discussion. Agua Viva offers support for any type of emotional distress, including but not limited to anxiety, eating disorder, and depression. The proposed counseling center would be open 7:30 pm— 10 pm Monday through Friday, and 10 am— 12 pm on Saturdays. On average there is one group meeting at the time with approximately 12 members.No more than two group sessions are held at any time. Agua Viva anticipates having 3-4 new members per month. - 3 - Recommendation & Findings of Fact Petition 22-21 December 6,2021 �� ❑ F. s / j I iF �r Figure 3. Proposed floor plan for Agua Viva—15 N. Union St. The applicant is not proposing any exterior changes to the building, and only minor interior modifications to accommodate the new use. Any new street graphics will meet the zoning ordinance requirements. The existing property is nonconforming regarding parking. The three-story office building (9-23 N. Union Street) shares the same parking lot with the three properties to the north. The 34,000- square foot office building is required to have 136 parking spaces(one parking space required per 250 square feet of floor area). The 4,215-square foot building at 37 N. Union Street is required to provide 4 parking spaces(one parking space per 1,000 square feet of floor area).The 4,370-square foot building at 39 N. Union Street is required to provide 4 parking spaces (one parking space per 1,000 square feet of floor area). And the 4,876-square foot building at 41 N. Union Street is required to provide 5 parking spaces (one parking space per 1,000 square feet). That is a total of 149 parking spaces required. With only 68 parking spaces on site, the property is nonconforming regarding parking. The new uses permitted in the building are allowed only in so long the parking requirement for such use is not larger than one parking space per 250 square feet of floor area(office space parking -4- Recommendation & Findings of Fact Petition 22-21 December 6, 2021 requirement). The proposed Agua Viva Elgin is an office use with the same parking requirement of one parking space per 250 square feet of floor area. The proposed Agua Viva counseling center would improve the parking situation on the property as the counseling center is open only in the evenings and on Saturdays when most other businesses in the building are closed. The individual and family social service is classified as a conditional use in the PGI Planned General Industrial District established by Ordinance No. G92-98 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 subject property was zoned G Industrial District by the first Zoning Ordinance in 1927. By 1950, the property was zoned F Industrial District. In 1962, the property was rezoned to M1 Limited Manufacturing District. In 1992, the property was rezoned to PGI Planned General Industrial District as part of the comprehensive amendment to the zoning ordinance. In 1998, the property was rezoned to PGI Planned General Industrial District established by Ordinance No. G92-98. The existing three-story building was constructed prior to 1900. B. Surrounding Land Use and Zoning. The three properties adjacent to the north,37-41 N. Union Street, all improved with one-story buildings are also zoned PGI Planned General Industrial District established by Ordinance G92-98.The three properties share the parking lot with 15 N.Union Street property. 37 N.Union Street is home to Acme Design,a design company, 39 N. Union Street is currently vacant, and 41 N. Union Street is home to Metal Finishing Pros. Corp., a metal manufacturing contractor. Further to the north and adjacent to the on-site parking lot is the River West Commons multiple-family buildings zoned RC3 Residence Conservation District. The property adjacent to the south and east is zoned NB Neighborhood Business District and is improved with The Big Oak shopping center,a multiple-tenant commercial building home to various retail and business uses, including Golden Skillet and Mel's Pizza restaurants. Single-family homes, zoned RC3 Single Family Residence District, are also located east of the on-site parking lot.The properties to the west across N.Union Street are zoned RC2 Residence Conservation District and are improved with single-family homes. C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and intersection, Corridor Commercial areas provide retail services to both local and regional consumer bases. These areas contain a mix of retail from large community centers with multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most widely accommodating and ranging commercial areas within the city. Corridor Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian- - 5 - Recommendation &Findings of Fact Petition 22-21 December 6, 2021 friendly. D. Zoning District. The purpose of this PGI Planned General Industrial District established by Ordinance No. G92-98 is to establish a limited permitted and conditional use list and to bring the existing site and building improvements into conformance to the site design regulations of the zoning ordinance. A PGI zoning district is most similar to, but departs from the standard requirements of the GI zoning district. E. Trend of Development. The subject property is located on the near west side of the City. It is part of a commercial node located along W.Chicago Street between Woodland Avenue on the east and Union Street on the west.The properties in around this non-residential node have historically been developed with commercial and light industrial uses. The Big Oak shopping center anchors the area providing small to medium size tenant spaces for various types of retail uses and services. The area also includes several smaller buildings well- suited for small light-industrial and office uses.The area is home to a Dairy Queen,Golden Skillet, and Mel's Pizza restaurants, among others, and is also home to the Elgin Fire Department's Station Six. Staff anticipates the area will remain occupied by a variety of non-residential uses serving the needs of residents in surrounding neighborhoods. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 22-21 on December 6, 2021. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated December 6, 2021. The Community Development Department and the Planning and 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,and vegetation,and existing improvements. The property is already developed with a three-story office building and an accessory surface parking lot. The proposed use will occupy an existing 5,000-square foot office space on the ground floor of the existing multi-tenant office building. The applicant is not proposing to make any exterior changes and will complete -6- Recommendation & Findings of Fact Petition 22-21 December 6, 2021 only minor interior renovations to the building to accommodate the proposed use. 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. 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 is served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities. The existing sewer and water facilities can adequately serve 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 proposed counseling service would be located on the ground floor of the three-story office building.The building includes an on-site parking lot with 68 parking spaces shared with the three one-story buildings adjacent to the north and part of the same PGI district(37-41 N.Union Street).A full access driveway to the property is located off of Union Street,however the on-site parking lot has access to the parking lot of the adjacent Big Oak shopping center property. The commercial node provides various services to the residents from the surrounding neighborhoods.The area functions with safe and efficient vehicular circulation. The proposed use will not have any negative effect on the existing traffic configuration in the immediate area. The existing office building and the three one-story buildings to the north are required to provide a total of 149 parking spaces. With only 68 parking spaces on site, the property is nonconforming regarding parking. The new uses permitted in the building are allowed only in so long the parking requirement for such use is not larger than one parking space per 250 square feet of floor are (office space parking requirement). The proposed Agua Viva Elgin is an office use with the same parking requirement of one parking space per 250 square feet of floor area. The current uses on the properties sharing the parking lot have less parking demand than the zoning ordinance requirement and the existing parking lot can adequately serve the existing uses. The proposed Agua Viva counseling center would further improve the parking situation on the property as the counseling center is open only in the evenings and on Saturdays when most other businesses in the building are closed. -7- Recommendation &Findings of Fact Petition 22-21 December 6, 2021 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 exterior changes and only minor interior modifications to the space to accommodate the proposed use. All group therapy sessions proposed will be conducted on the interior. The proposed use would be open 7:30 pm— 10 pm Monday—Friday, and 10 am— 12 pm on Saturdays. 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. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 22-21, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Agua Viva Elgin, as applicant, and Oak Tree Properties of Elgin,LLC,as property owner,received April 23, 2021, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance,dated September 29,2021; b. Plat of Survey,prepared by Dale A. Floyd,dated September 3, 1998; c. Undated 4-page building floor plans, dated received May 20, 2021, with such further revisions as required by the Community Development Director. d. Undated floor plan prepared with"magicplan", dated received May 24,2021,with such further revisions as required by the Community Development Director; - 8 - Recommendation& Findings of Fact Petition 22-21 December 6, 2021 e. Cover Sheet, Codes & Site Plan, prepared by Manheim Architecture, dated September 21, 2021, with such further revisions as required by the Community Development Director 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. The proposed individual and family social service is hereby permitted to relocate and/or expand within the existing building located at 9-23 N. Union Street without the need to amend this conditional use approval. 4. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined above, was seven (7) yes, zero (0) no, and zero (0) abstentions. All members were present. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 9- m� Subject Property Petition 22-21 Q v P erynSY/venia q v c� - e Ct - 4 _J Chicago St ws O V O d EXHIBITA Aerial/Location Map N W E S Map prepared by City of Elgin o ao so 160 240 32Feet Department of Community Development a� Q i Larkin Ave o W y�9h/anQ,Ave CF Subject Property Petition 22-21 RC3 1:J Q Q PehnSY/van/a q Ile Z y G j O Q � a c 2 a 0 0 Legend 3 ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation - Q SFR1 Single Family Residence 1 Q PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 Q PSFR2 Planned Single Family Residence 2 O TRF Two Family Residence �TR Q PTRF Planned Two Family Residence 1�I L MFR Multiple Family Residence O PMFR Planned Multiple Family Residence ----- - O W Chicago St RB Residence Business OPRB Planned Residential Business -. ®NB Neighborhood Business ®PNB Planned Neighborhood Business AB Area Business -PAB Planned Area Business -CC1 Center City 1 U N -CC2 Center City 2 y = C a-PCC Planned Center City -ORI Office Research Industrial = a -PORI Planned Office Research Industrial y V -GI General Industrial y -PGI Planned General Industrial -Cl Commercial Industrial -CF Community Facility -PCF Planned Community Facility GIS.DBO.FoxRiver Van St EXHIBIT Zoning Map N W E S Map prepared by City of Elgin 0 40 80 160 240 320 Department of Community Development Feet i Subject Property 15 N. Union - - - St. Petition 22.21 0614328043 ,O j 2 W Chicago St EXHIBIT C Parcel Map N City of Elgin Department of Community Development 0 15 30 60 90 120 ��Feet EXHIBIT D SITE LOCATION 15 N. Union Street Petition 22-21 Y , �•` i� i;, r ,� , P'� � � i � � :I: y�,:.=-�F: ^!"'ter""" `r' � i t Bird's eye view looking north . . She dan 5ttipAll } { - AWL. Qbp • M1 • y / - �� F i'. nI0f1 Str Of OU C1�Jl11 Q�St �h► i c Bird's eye view looking east EXHIBIT D SITE LOCATION 15 N. Union Street Petition 22-21 r000p ell a 55 :� f., West side of the building along Union Street EXHIBIT D SITE LOCATION 15 N. Union Street Petition 22-21 r a i w � I Northwest corner of the building I J ��,' � ter• North side of the building EXHIBIT D SITE LOCATION 15 N. Union Street Petition 22-21 IA Parking lot in the northeast corner of the property ,ems _ Rear of the eastern portion of the building EXHIBIT D SITE LOCATION 15 N. Union Street Petition 22-21 r _ r i f t Rear (east side) of the building South side of the western portion of the building