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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 i � !rte' --- Iii • ilirl I '' ,,,,...._,:;', 1 ', 1. 0% .- --_*.. a e'-'. E 1 I 1 . '4 _\ i• . % 0 " . % . -i.` fir o . ____;;:ri___,. . ...„ ,.-1 _ r r '..- t, .:.1 . \i. pl • - _ I L r . , Subject Property -w Chicago St —. t Petition 25-15 J Iii 1 1411111 i . tli I- r" Ail: h O J i .444::;--.-‘'..!41 -:' • 110°111°°°°.IV 4°1 4.• . ::. , F., kr a _, Ift , ,. .,.. -. , ., . . . - 'SS ...... V3 f/ sQ °% lo DuPage(32 f DuPage St doe ta ..rs, joi1 . a OP 'per, A li . a , . --ip , ., . . .. / ` ♦ ... qit,. v . _ 1 ...„, . " ; —I, a P , \µ t 4 ‘Illeff.".."..‘a EXHIBIT Aerial/Location Map AAN W+E S 0 25 50 100 150 200 Map prepared by City of Elgin Feet Department of Community Development ( WO WM PCC PCF Cgi COS Subject Property Petition 25-15 sZgl PCC sZg Legend +yg3ik) 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 �� PGI Planned General Industrial , P€C -CI Commercial Industrial -CF Community Facility CI it to PCF Planned Community Facilely `�, FRP Fox River Preservation EXHIBITS Zoning Map N W- �FrE S Map prepared by City of Elgin 0 80 160 320 480 640 Department of Community Development Feet Subject Property 25 S Grove Ave. Petition 25-15 1 06144340213 C7 0614434012 OG co 77G co sl \ 91. \G� FO DuPage Ct EXHBIIT C Parcel Map N A City of Elgin 0 5 10 20 30 40 Department of Community Development Feet SITE LOCATION EXHIBIT: D 25 South Grove Avenue Petition 25-15 _ A1 r"1 t • . • 112. - F .s R `!' _ b ifi - .'*. op. -. Oji • • - ilk, ie"...-: :-. i lir,'s �` • •/`• _ _ n r• ` e +. •�: ` .. +'� • LLL .. : - 1 n C :f �. !` • u� Subject Property I lilt . . .._ t. ,,-- ,- .0,- ....‘ •. f‘ , s,'�' - ,ea. _ id '. ° - - J 1 View from West SITE LOCATION EXHIBIT: D 25 South Grove Avenue Petition 25-15 �r C � - . — - 7--- n .. low in :i. Fir FFEJ_[-_,_ _ _ ......_ ... ... , _ „... hi/ , ....:. ... . _ _ ,. _ , _ .._ Ear --, s X31 v 6 ' gr:I :....igiqua :on , LI ;4 .._ . , . . r _ 4 X71 j i■ n. "I" * i ti a View of Property from View of Main Entrance to South Grove Avenue Building , i t 4 7 i ,� �i� 0' I i I 111 11 1 HI i, . or 7.0 i 0* 1; . , ,.. , ,. !,!, View looking South along View looking North along Grove Avenue Grove Avenue SITE LOCATION EXHIBIT: D 25 South Grove Avenue Petition 25-15 , ;,°.1,1:,i;it ,..),ti-fi • ' -ss: 1 it217 —• '_ 0 -1 ‘e 4, — ' • % t1 ' ilt i'l lk '-. '; View of Property across View of Property across three looking Southwest three looking West Nix „I:4 J77 ail •{ " c r'r i Nu - S _ x - - View of Property across View of property from three looking Northwest West across adjacent parking lot