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HomeMy WebLinkAboutG88-02 I Ordinance No. G88-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SECONDHAND MERCHANDISE STORE IN THE CC1 CENTER CITY DISTRICT (70 and 72 South Grove Avenue) WHEREAS, written application has been made for a conditional use for a secondhand merchandise store in the CC1 Center City District at 70 and 72 South Grove Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval ; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 November 6, 2002 , made by the (0". Zoning and Subdivision Hearing Board, 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 secondhand merchandise store in the CC1 Center City District at 70 and 72 South Grove Avenue and legally described as follows : LOT 11 AND THE NORTH 4 FEET OF LOT 12 (EXCEPT FOR THAT PART INCLUDED IN RIVERSIDE AVENUE) IN BLOCK 21 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance, submitted by Community Crisis Center, undated. 2 . Substantial conformance to the First Floor Plan, prepared by Dahlquist and Lutzow Architects, Ltd. , and dated October 8, 2002 . 3 . Substantial conformance to the proposed Sign Plan dated October 30 , 2002 . �.. 4 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. E. choc , Mayor Presented: December 18 , 2002 Passed: December 18, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: December 19, 2002 Attest : 9 -&;& Q Dolonna Mecum, City Clerk eft em. November 6, 2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin SUBJECT Consideration of Petition 58-02 Requesting Conditional Use Approval for a Secondhand Merchandise Store in the CC1 Center City District; Property Located at 70 and 72 South Grove Avenue by the Community Crisis Center, as Applicant, and Rollie Bray, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Intended Use: Secondhand Merchandise Store Property Location: 70-72 South Grove Avenue Applicant: Community Crisis Center Owner: Rollie Bray Staff Coordinator: Lauren Kieck, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Site Photographs (see attached) F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 58-02 November 6, 2002 BACKGROUND An application has been filed by the Community Crisis Center requesting conditional use approval for a secondhand merchandise store. The subject property is located at 70 and 72 South Grove Avenue (reference Exhibits A, B, C, D and E). The applicant proposes to relocate and expand the "Reruns" store currently located at 74 South Grove Avenue. This store specializes in selling donated goods restricted to household items, furniture, glassware, books, linens, and other similar merchandise. The store, therefore, is classified as a secondhand merchandise store. In the CC1 District, secondhand merchandise stores are classified as a conditional use (reference Exhibits F, and G). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 58-02 on November 6, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing and no written correspondence has been submitted. The Community Development Group submitted a Conditional Use rib.* Review dated October 29, 2002. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 E Commercial District 1950 E Commercial District 1962 B-2 Central Business District 1992 B-2 Central Business District Present CC 1 Center City District B. Surrounding Land Use and Zoning Findings. The subject property is located within the CC 1 Center City District which is developed with a variety of service and retail land uses. C. Trend of Development Findings. The subject property is located within the traditional downtown, which is developed with a mix of business, residential and institutional uses. D. Zoning District Findings. The purpose of the CC1 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 CC 1 zoning district provides for a concentration of finance, service, retail, civic, office, and cultural uses in addition to complementary uses such as hotels, 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 58-02 November 6, 2002 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. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: 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 the site characteristics standard. The subject property is an irregularly shaped parcel containing 12,880 square feet of lot area. The property is improved with a two story building and an accessory parking area. The subject property contains no natural features. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. C. Traffic and Parking Standard. The availability 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 s suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located between South Grove Avenue and Riverside Drive. South Grove Avenue and Riverside Drive are local streets serving the downtown. Off street parking will be provided in conformance with the Off Street Parking Ordinance. 3 • Findings of Fact Zoning and Subdivision Hearing Board • Petition 58-02 November 6, 2002 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. 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. Used merchandise stores often have a stigma attached to them, sometimes being associated with urban decline. The applicant is well aware of this and is committed to establishing and maintaining their shop in a manner that should remain compatible with the downtown, as it continues on the road to revitalization. More specifically, the applicant plans a customary and traditional retail appearance for the store, including signs, window displays, and interior displays and shelving. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. The approval of the proposed conditional use will allow the continued operation of an existing business which adds to the retail mix within the traditional downtown. 2. Location, Design, and Operation. Used merchandise stores often have a stigma attached to them, sometimes being associated with urban decline. The applicant is well aware of this and is committed to establishing and maintaining their shop in a manner that should remain compatible with the downtown, as it continues on the road to revitalization. More specifically, the applicant plans a customary and traditional retail appearance for the store, including signs, window displays, and interior displays and shelving. eibk 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 58-02 November 6, 2002 B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 58-02. On a motion to recommend approval of Petition 58-02, subject to the following conditions, the vote was five(5) yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Community Crisis Center, undated. 2. Substantial conformance to the First Floor Plan, prepared by Dahlquist rik and Lutzow Architects, Ltd., and dated October 8, 2002. 3. Substantial conformance to the proposed Sign Plan dated October 30, 2002. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 58-02 was adopted. 'ke)/ Robert Langloi. • airm p Zoning and Subdivision Hearing Board 4,401P David Sundland, Secre Zoning and Subdivision He: 'ng Board 5