HomeMy WebLinkAboutG5-16 (2)Ordinance No. G5 -16
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A SOCIAL SERVICE COUNSELING CENTER
IN THE CC CENTER CITY DISTRICT
(25 South Grove Avenue, Suite 305)
WHEREAS, written application has been made for a conditional use at 25 South Grove
Avenue, Suite 305; and
WHEREAS, the zoning lot with the building containing the premises at 25 South Grove
Avenue, Suite 305 comprises of the properties at 21 -29 South Grove Avenue, which lot is legally
described herein (the "Subject Property "); and
WHEREAS, the Subject Property is located within the CC1 Center City District and a
social service counseling center is a listed conditional use within the CC1 Center City District;
and
WHEREAS, the Planning and Zoning Commission conducted a public hearing
concerning said application on January 4, 2016, following due notice by publication; and
WHEREAS, the Community Development and the Planning and Zoning Commission
have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development 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 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 January 4, 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 social service counseling center known as
"Braden Counseling Center" is hereby granted to occupy Suite 305 at the property commonly
known as 25 South Grove Avenue, contained within the zoning lot at 21 -29 South Grove
Avenue, commonly identified by Kane County Property Identification Numbers (PIN) Numbers
06 -14- 434 -012 and 06 -14- 434 -020, and legally described as follows:
Parcel 1 The Easterly 20.85 feet measured along the north line of that part of lots 6 and 7
in block 15 of the original town of Elgin on the East side of the Fox River, described as
follows:
Commencing at the southwest corner of said lot 6; thence northwesterly along the
westerly line of said lot 59.59 feet for a point beginning; thence northeasterly along a line
forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to
northeast from the westerly line of said lot 6, a distance of 111 .58 to a line 35.15 feet
west of and parallel with the east line of lot 7; thence north along said parallel line 33.34
feet to the north line of lot 7; thence west along the north line of lot 6 and 7 to the
northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point
of beginning in the city of Elgin, Kane County, Illinois;
Parcel 2. That part of lots 6 and 7 in block 15 of the original town of Elgin, on the east
side of the Fox River, described as follows:
Commencing at the southwest corner of said lot 6; thence northwesterly along the
westerly of said lot 59.59 feet for a point of beginning; thence northeasterly along a line
forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to
northeast from the westerly line of said lot 6, a distance of 111 .58 feet to a line 35.15 feet
west of and parallel with the east line of lot 7; thence north along said parallel line 22.34
feet to the north line of lot 7; thence west along the north lines of lots 6 and 7 to the
northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point
of beginning (except the easterly 20.85 feet measured along the north line) in the city of
Elgin, Kane County, Illinois; and
Parcel 3. Parking easement created by agreement with the city of Elgin, document
number 98KI01679 and assigned by document number 98K101678, both recovered
November 3, 1998, for the benefit of Parcels 1 and 2.
Permanent Index Number (PIN) 06 -14- 434 -012 and 06 -14- 434 -020
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 Braden Counseling Center as applicant, and consisting of the
following exhibits:
a. Statement Purpose prepared by Braden Counseling Center dated November
11, 2015
b. Letter from McLennan Commercial Properties, Inc. dated November 6, 2015
providing the consent of the property owner
-2-
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 social service counseling center shall be restricted to Suite 305 and adjoining
conference room located within the property at 25 South Grove Avenue.
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.
David J. K ain, ayor
Presented: February 10, 2016
Passed: February 10, 2016
Vote: Yeas: 7 Nays: 2
Recorded: February 10, 2016
Published: February 12, 2016
Attes
A.G
imberly Dewis, C' y Clerk
-3-
January 4,2016
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 25-15, an application by Braden Counseling
Center, P.C. as applicant, and McLennan Commercial Properties, Inc., as agent for Burritt
Building LLC as owner to establish a substance abuse and behavioral health counseling center
for individuals, families and groups at the property located at 25 South Grove Avenue, Suite 305,
located within the CC1 Center City District.
GENERAL INFORMATION
Petition Number: 25-15
Requested Action: Approval of a Conditional Use
Current Zoning: CC 1 Center City District '
Existing Use: Partially vacant, two story commercial building
Property Location: 25 South Grove Avenue, Suite 305
Applicant: Braden Counseling Center, P.C.
Owner: Burritt Building 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 25-15
January 4, 2016
BACKGROUND
Braden Counseling Center, P.C. as applicant wishes to establish a substance abuse and
behavioral health counseling center for individuals, families and groups. The organization,
administered by a clinical psychologist, performs court-ordered assessments and private
counseling related to anger management, domestic violence, DUI and license suspensions, child
custody, divorce mediations and substance abuse/dependency. The center occupies office space
and bathrooms within Suite 305 and has use of an adjoining conference room that is also made
available for use of other tenants on the floor. These spaces comprise an area of approximately
837 sq.ft. The offices will only be accessible to five key-holding employees who will be
responsible for opening the center approximately 15 minutes prior to a scheduled appointment.
Braden Counseling center also conducts business at locations in Sycamore and Rochelle, Illinois.
The land use is classified as a conditional use within the CC 1 Center City 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 originally platted in 1871 within the
Assessor's Subdivision of James T Gifford's Plat of Elgin. The property was classified as
E Commercial District in 1927. The property was reclassified to B2 Central Business
District in 1962. In 1992,the property was classified within the CC1 Center City District
as part of a comprehensive amendment to the zoning ordinance and in 2000 it was
included within the Center City Preservation Overlay Zoning District to provide for the
implementation of the Riverfront/Center City Master Plan.
The five-story building on the property is known as the Peter Burritt Building and was
built in 1914. However, its upper stories remained vacant until the mid- to late-1990s
when they were finally occupied by offices of various service related land uses. A
restaurant currently occupies a portion of the ground floor of the building.
The subject land use — Braden Counseling Center — has occupied the premises for
approximately one year.
B. Surrounding Land Use and Zoning. The areas surrounding the subject property are
zoned CCI Center City District and PCC Planned Center City District and are developed
with a mix of residential, office, commercial, and retail uses.
C. Comprehensive Plan. The subject property is designated as "Community Mixed Use"by
the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that,
"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
2
Findings of Fact
Petition 25-15
January 4, 2016
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 shared 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.
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 plus 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.
D. Zoning District. The purpose of the CCI Center City District is to facilitate the
implementation of the official comprehensive plan for the center city, 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.
E. Trend of Development. The subject property is located within an area that has
developed with a mix of commercial, retail, restaurants, and residential uses. Phase 1 of
the multi-story development known as "Fountain Square on the River" was recently built
across the street and contains a number of retail/service land uses within its street level
storefronts and residential condominiums on the upper floors. Phase II of that project
remains unbuilt and the land is currently used as a parking lot within which tenants of the
Burritt Building have permission to park. Several businesses have opened in the
immediate area, including Chooch's Pizza, Elgin Books, Realty World and Habitat for
Humanity.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 25-15 on January 4, 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 January 4,2016.
3
Findings of Fact
Petition 25-15
January 4, 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 property is part of a
zoning lot addressed as 21-29 South Grove Avenue. The site is approximately 7,326
square feet in land area(0.17 acre) and is improved with an approximately 35,500 square
foot five-story building. The building is constructed to the lot line on all sides. An
adjacent private alley provides access to the rear of the building.
The improvements on the property are characteristic of development within the center
city or core of downtown Elgin.
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 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 South Grove Avenue, which is a local street serving the various businesses
and amenities of downtown Elgin.
Primary access to the building is provided from South Grove Avenue through street level
entrances to a common lobby space.
The zoning ordinance does not require off-street parking to be provided by any land use
within the CC 1 district. Tenant spaces within the building are provided with dedicated
parking spaces within the city-owned parking lot across the street. However, it should be
noted that public on-street parking is also provided on South Grove Avenue and within
the parking garages on Spring Street located approximately 600 feet from the subject
property, and Fulton Street located approximately 750 feet of the subject property.
4
Findings of Fact
Petition 25-15
January 4, 2016
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 activities proposed within the tenant space will be conducted within the hours of 9:00
a.m. and 9:00 p.m., six days a week. The activities generally consist of individual, family
and group counseling sessions, with two group meetings on Tuesdays and Thursdays
between 6:00 p.m. and 9:00 p.m. with the potential of adding additional meetings if
necessary. The office currently serves between 15 and 25 clients. Group meetings will be
held in the conference room across the hallway from the office suite.
Access to and from the office building is through the main entrance off South Grove
Avenue to the front lobby.
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 as the subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
However, it should be noted that the property along with those located within downtown
Elgin was recently listed in the National Register of Historic Places. No regulation
accompanies this designation.
RECOMMENDATION
The Community Development Department recommends approval of Petition 25-15, subject to
conditions. The Planning & Zoning Commission concurs with the Community Development
Department and recommends approval of Petition 25-15 subject to conditions. On a motion to
recommend approval, subject to the conditions outlined by the Community Development
Department the vote was seven (7) 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
Braden Counseling Center as applicant, and consisting of the following exhibits:
5
Findings of Fact
Petition 25-15
January 4, 2016
a. Statement Purpose prepared by Braden Counseling Center dated November 11,
2015
b. Letter from McLennan Commercial Properties, Inc. dated November 6, 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 social service counseling center shall be restricted to Suite 305 and adjoining
conference room located within the property at 25 South Grove Avenue.
3. Compliance with all applicable codes and ordinances.
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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EXHIBIT Aerial/Location Map AAN
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Map prepared by City of Elgin Feet
Department of Community Development
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ORC1 Residence Conservation 1 5"
ORC2 Residence Conservation 2 \,
ORC3 Residence Conservation 3
=Planned Residence Conservation
EiSFR1 Single Family Residence 1
PSFR1 Planned Single Family Residence 1
OSFR2 Single Family Residence 2 P€C
PSFR2 Planned Single Family Residence 2
TRF Two Family Residence
PTRF Planned Two Family Residence
OMFR Multiple Family Residence
QPMFR Planned Multiple Family Residence iZg
RB Residence Business
QPRB Planned Residential Business
DNB Neighborhood Business
CaPNB Planned Neighborhood Business
-AB Area Business
PAB Planned Area Business
CC,Center 1IN P€C
MICC2 Center City 2
1111 PCC Planned Center Cely
ORI Office Research Industrial
-PORI Planned Office Research Industrial
GI General Industrialil
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PGI Planned General Industrial , P€C
-CI Commercial Industrial
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FRP Fox River Preservation
EXHIBITS Zoning Map N
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Map prepared by City of Elgin 0 80 160 320 480 640
Department of Community Development Feet
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25 S Grove Ave.
Petition 25-15
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SITE LOCATION EXHIBIT: D
25 South Grove Avenue
Petition 25-15
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SITE LOCATION EXHIBIT: D
25 South Grove Avenue
Petition 25-15
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SITE LOCATION EXHIBIT: D
25 South Grove Avenue
Petition 25-15
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