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HomeMy WebLinkAboutG24-03 A. • Ordinance No. G24-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CLOTHING DISTRIBUTION CENTER IN THE CC1 CENTER CITY DISTRICT (28 NORTH GROVE AVENUE) WHEREAS, written application has been made for a conditional use for a clothing distribution center in the CC1 Center City District at 28 North 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 March 19, 2003 , made by the 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 planned development to permit the establishment of a clothing distribution facility in the CC1 Center City District at 28 North Grove Avenue and legally described as follows : PARCEL ONE: THAT PART OF LOT 3 IN BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN ON THE EAST SIDE OF THE FOX RIVER DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF 21 FEET; THENCE NORTHWESTERLY TO THE POINT OF INTERSECTION OF A LINE DRAWN 29 FEET NORTHERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 3 , WITH A LINE DRAWN 20 FEET WESTERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 3 : THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 129 . 19 FEET TO A POINT IN A LINE DRAWN 36 FEET NORTHERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 3 , SAID POINT BEING 59 . 17 FEET WESTERLY (AS MEASURED ALONG SAID PARALLEL LINE) FROM THE EASTERLY LINE OF SAID LOT; THENCE CONTINUING ALONG SAID LINE MEASURED 36 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY LINE OF LOT 3 AFORESAID, 119 . 42 FEET TO A POINT OF CURVE; THENCE WESTERLY 39 . 66 FEET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 408 . 22 FEET TO A POINT 94 . 07 FEET SOUTHERLY OF (MEASURED AT RIGHT ANGLES) THE NORTHERLY LINE OF LOT 2 IN BLOCK 20 AFORESAID; THENCE WESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 11 . 01 FEET TO A POINT IN THE EAST BANK OF FOX RIVER; WHICH POINT IS 93 . 01 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 2 ; THENCE SOUTHERLY ALONG THE EAST BANK OF FOX RIVER TO THE SOUTH LINE OF LOT 3 ; THENCE EASTERLY ON SAID SOUTHERLY LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL TWO: THE NORTHERLY 16 FEET OF LOT 4 (EXCEPT THE EASTERLY 50 FEET) AND THE EASTERLY 50 FEET OF THE NORTHERLY 57 . 68 FEET OF LOT 4 IN SAID BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN ON THE EAST SIDE OF THE FOX RIVER IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL THREE: THAT PART OF LOT 4 IN BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF A LINE 16 FEET SOUTHERLY OF, MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 4 , WITH THE EASTERLY LINE OF SAID LOT 4 , THENCE SOUTHWESTERLY ALONG SAID LINE 50 FEET FOR A PLACE OF BEGINNING; THENCE SOUTHEASTERLY PARALLEL WITH THE WESTERLY LINE OF NORTH GROVE AVENUE 41 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 4 , 175 FEET TO THE EASTERLY BANK OF FOX RIVER; THENCE NORTHERLY ALONG SAID EASTERLY BANK 41 FEET TO A LINE DRAWN PARALLEL WITH AND 16 FEET SOUTHERLY OF, MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 4 ; THENCE NORTHEASTERLY ALONG SAID LINE 174 . 35 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY /�" KNOWN AS 28 NORTH GROVE AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose and Conformance submitted by Patty Lamp and Mary Slager, no date . 2 . The hours of operation for the clothing distribution facility shall be Mondays and Thursdays from 9-11 : 00 a.m. , September through May. 3 . Compliance with all 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. Ed Schock, Mayor Presented: April 23 , 2003 Passed: April 23 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: April 24 , 2003 Attest : Dolonna Mecum, City Clerk . I March 19, 2003 ''^ FINDINGS OF FACT Zoning And Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 07-03 Requesting a Conditional Use for an Individual and Family Social Service to Permit a Clothing Distribution Center in the CC 1 Center City District;Property Located at 28 North Grove Avenue by Elgin Junior Service Board, as Applicant, and Elgin Financial Savings Bank, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: Bank and Various Multiple Tenant Offices Proposed Tenant: Clothing Distribution Center Property Location: 28 North Grove Avenue Applicant: _ Elgin Junior Service Board Owner: Elgin Financial Savings Bank Staff Coordinator: Lauren Pruss, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (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 07-03 March 19, 2003 BACKGROUND An application has been filed by the Elgin Junior Service Board requesting a conditional use to permit a clothing distribution center in the CC1 Center City District.The subject property is located at 28 North Grove Avenue (reference Exhibits A, B, C, D, and E). The applicant is proposing to occupy one tenant space at the subject property and operate a clothing distribution center. The center will provide donated new and used clothing to those in need, free of charge. Clients of the center are obtained through referrals from School District U-46 and local service agencies. The clients must present a referral form filled out by the referral agency. The center will operate Mondays and Thursdays from 9:00 a.m. to 11:00 am during the months of September through May(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 07-03 on March 19,2003. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors spoke at the public hearing. No written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated February 10, 2003. 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 1960: E Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC1 Center City District B. Surrounding Land Use and Zoning Findings. The property to the north is zoned CF Community Facility District and is developed with a post office. The property to the south is zoned CC1 Center City District and is developed with a bank. The properties to the east are zoned CC1 Center City District and are developed with commercial uses. The Fox River is located to the west of the subject property. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 07-03 March 19, 2003 C. Trend of Development Findings.The central portion of the City has developed with a mix of business, residential, and institutional uses. The subject property is located within the traditional downtown, which continues on its course of revitalization. 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 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. 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 approximately 13,200 square feet of lot area. The property is improved with a two (2)story, 12,400 square foot structure, an accessory off street parking lot at street level, and a lower level parking deck. F. 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. G. 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 is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located at the intersection of Highland Avenue, Grove Avenue and - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 07-03 March 19, 2003 Riverside Drive.Highland Avenue is an arterial road which serves the east and west sides of Elgin. North Grove Avenue is a collector street which serves the center city between Highland Avenue and National Street. Riverside Drive is a local street which serves the businesses located between Grove Avenue and the Fox River. Off street parking will be provided in conformance with the off street parking ordinance. H. 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 may be 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. The proposed clothing distribution facility will be operated strictly on a referral basis and will have limited hours of operation. It should be noted that the concentration of individual and family social services in the center city district may be inconsistent with,or inhibit the continued revitalization of the downtown as a place to live, work, shop, and recreate. Ultimately, these uses should be dispersed within the community facility and business districts throughout the city. 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 establishment of a clothing distribution facility at the subject property will provide a valuable service to those residents of Elgin in need. The proposed use will be operated in a manner which will limit the clientele of the facility to those who are referred by various public and not for profit institutions within the area. Additionally, the facility will have limited weekly hours of operation which coincide with the typical school year. - 4 - Findings of Fact Zoning and Subdivision Hearing Board 1 Petition 07-03 March 19, 2003 2. Location, Design, and Operation. 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. However,it should be noted that the concentration of individual and family social services in the center city district may be inconsistent with,or inhibit the continued revitalization of the downtown as a place to live, work, shop, and recreate. Ultimately, these uses should be dispersed within the community facility and business districts throughout the city. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval, a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION rik The Zoning and Subdivision Hearing Board recommends the approval of Petition 07-03. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five (5) yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by Patty Lamp and Mary Slager, no date. 2. The hours of operation for the clothing distribution facility shall be Mondays and Thursdays from 9-11:00 a.m., September through May. 3. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 07-03 was adopted. CA X Robert Langlois, hai an Zoning a ubdivision Hearing Board C✓ lr... David Sundland, Secretary Zoning and Subdivision Hearing Board - 5 -