HomeMy WebLinkAboutG74-18 Ordinance No. G74-18
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CREMATORIUM IN
THE GI GENERAL INDUSTRIAL DISTRICT
(1330 Crispin Drive, Units 211, 212, 213)
WHEREAS, written application has been made requesting conditional use approval to
establish a crematorium service at 1330 Crispin Drive, Units 211, 212 and 213; and
WHEREAS, the zoning lot with the building containing the premises at 1330 Crispin
Drive, is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the GI General Industrial District
established by Ordinance No. G38-93, and crematories (7261) is listed as a conditional use within
the GI General Industrial District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on November 5, 2018, 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
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 GI 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 November 5, 2018, 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 crematorium is hereby granted for the property
commonly known as 1330 Crispin Drive, Units 211, 212 and 213, which is part of the property
commonly identified by the Kane County Property Index Numbers 06-27-251-019, 06-27-251-
020, and 06-27-251-021, and legally described as follows:
CRISPIN COMMONS CONDOMINIUM
LOT 21 AND LOT 22 OF FOX BLUFF CORPORATE CENTER, BEING A SUBDIVISION OF
PART OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED ON AUGUST
19, 1992 AS DOCUMENT NO. 92K59007, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF LOT 21; THENCE NORTH 50 DEGREES 46 MINUTES 57
SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 21, A DISTANCE OF
31.00 FEET THE POINT OF BEGINNING; THENCE NORTH 39 DEGREES 13 MINUTES 03
SECONDS EAST A DISTANCE OF 156.00 FEET; THENCE NORTH 50 DEGREES 46
MINUTES 57 SECONDS WEST AND PARALLEL WITH THE NORTHERLY LINE OF SAID
LOT 21, A DISTANCE OF 460.50 FEET; THENCE SOUTH 39 DEGREES 13 MINUTES 03
SECONDS WEST, A DISTANCE OF 71.33 FEET; THENCE SOUTH 01 DEGREES 38
MINUTES 39 SECONDS EAST AND PARALLEL WITH THE WEST LINE OF SAID LOT 22,
A DISTANCE OF 153.85 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT;THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTH, HAVING AN ARC
LENGTH OF 175.92 FEET AND A RADIUS OF 483.00 FEET, SAID CURVE BEING THE
SOUTHEASTERLY LINE OF SAID LOTS 21 AND 22; THENCE CONTINUING
SOUTHEASTERLY ALONG SAID LINE OF LOT 21 SOUTH 50 DEGREES 46 MINUTES 57
SECONDS EAST, A DISTANCE OF 187.79 FEET TO THE POINT OF BEGINNING.
WHICH SURVEY IS ATTACHED AS EXHIBIT D TO THE DECLARATION OF
CONDOMINIUM RECORDED AS DOCUMENT 2009K001013, TOGETHER WITH ITS
UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT
TO THE UNIT AS SET FORTH IN THE DECLARATION, AS AMENDED FROM TIME TO
TIME WHICH PERCENTAGE SHALL AUTOMATICALLY CHANGE IN ACCORDANCE
WITH AMENDED DECLARATION AS THEY ARE FILED OF RECORD PURSUANT TO
THE DECLARATION, AND TOGETHER WITH ADDITIONAL COMMON ELEMENTS AS
SUCH AMENDED DECLARATIONS ARE FILED OF RECORD, IN THE PERCENTAGES
SET FORTH IN SUCH AMENDED DECLARATIONS, WHICH PERCENTAGES SHALL
AUTOMATICALLY BE DEEMED TO BE CONVEYED EFFECTIVE ON THE RECORDING
OF EACH SUCH AMENDED DECLARATION AS THOUGH CONVEYED BY THE FIRST
CONVEYANCE TO THE UNIT OWNER.
(Commonly known as 1330 Crispin Drive)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
2
1. Substantial conformance to the Development Application submitted by Daniel
Symonds, as applicant and Garden 6 Joint Venture, as property owner, received
September 20, 2018, and supporting documents including:
a. Plat of Survey, prepared by T.K.D Land Surveyors, Inc., dated August 20, 2008;
b. Undated Text Amendment and Conditional Use Statement of Purpose and
Conformance, dated received September 21, 2018;
c. Undated Revised Floor Plan, dated received October 15, 2018; and
d. Undated American Crematory Equipment specification sheet, dated received
September 21, 2018.
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. The maximum occupancy for one tenant space (either Unit 211, 212, or 213) during a
witnessing ceremony or other like function of the crematorium involving members of
the public is limited to 15 persons. Should the applicant initially occupy or expand to
occupy more than one of the units described above, the maximum occupancy shall
increase to 30 persons. The applicant shall not conduct more than one witnessing
ceremony or other like function of the crematorium involving members of the public
at any one time.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. Kapt in, yor
Presented: December 19, 2018
Passed: December 19, 2018edfr :„,
Omnibus Vote: Yeas: 8 Nays: 0vas " ' Y° ,
Recorded: December 19, 2018 ro'' ":=,; tiil.,,��
Published: December 20, 2018 ' _ . .
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imberly Dewis, Cit Clerk
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EXHIBIT A
November 5, 2018
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 & Zoning Commission regarding Petitions 42-18 and 43-18 an application
by Daniel Symonds, as applicant and Garden 6 Joint Venture, as property owner, requesting approval of
a text amendment to Section 19.40.330 B. Land Use, of the Elgin Municipal Code to allow crematoriums
as a conditional use in GI General Industrial Districts,and requesting a conditional use for a crematorium,
all of which are necessary to establish a crematorium at the property commonly referred to as 1330 Crispin
Drive, Units 211, 212, and 213. The subject property is zoned GI General Industrial District.
GENERAL INFORMATION
Petition Number: 42-18 and 43-18
Property Location: 1330 Crispin Drive, Units 211, 212, 213
Requested Action: Text Amendment to Section 19.40.330, and Conditional Use
Current Zoning: GI General Industrial District
Proposed Zoning: No change. GI General Industrial District
Existing Use: Vacant tenant space within an existing office/warehouse/industrial building
Proposed Use: Crematorium
Applicant: Daniel Symonds
Owner Garden 6 Joint Venture
Staff Coordinator: Denise Momodu, Associate Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
Recommendation& Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
E. Development Application and Attachments
F. Draft Ordinances
BACKGROUND
An application has been filed by Daniel Symonds, as applicant, and Garden 6 Joint Venture, as property
owner,requesting approval of a text amendment to Section 19.40.330 B. Land Use,of the Elgin Municipal
Code to allow crematoriums as a conditional use in GI General Industrial Districts, and requesting a
conditional use for a crematorium, all of which are necessary to establish a crematorium at the property
commonly referred to as 1330 Crispin Drive, Units 211, 212, and 213. The subject property is zoned GI
General Industrial District.
The 2.6 acre property is located on the north side of Crispin Drive, east of McLean Boulevard,within the
Fox Bluff Corporate Center Subdivision that was established in 1992. The property is improved with a
one-story, 28,500-square foot office/warehouse building that contains 19 condominium units and 139
parking spaces. All existing units are currently occupied, except for Unit 213.
Text Amendment Request
Stand-alone crematoriums are currently not allowed in the GI General Industrial District where the subject
property is located.Crematoriums are only allowed in the NB Neighborhood Business,AB Area Business,
CC1 and CC2 Center City districts as a conditional use. A cemetery could have a crematorium as of right
in the CF Community Facility district. The applicant suggests that a crematorium is also appropriate in
the GI Industrial District with other light-industrial and manufacturing uses.
The applicant is proposing a text amendment to the zoning ordinance to add crematoriums as an allowable
conditional use in the GI General Industrial District. As such, applications for crematoriums in any GI
District in the city would be required to be reviewed by the Planning and Zoning Commission with fmal
review and approval by the City Council.
Conditional Use Request
In combination with the text amendment application,the applicant is requesting conditional use approval
to establish a crematorium at 1330 Crispin Drive, Units 211, 212, and 213. The three units have a
combined floor area of approximately 4,500-square feet. Initially,the crematorium would be established
only in Unit 213 (1,500 square feet). The approval for units 211 and 212 would allow future expansion of
the crematorium to those units without the need for a future public hearing. The applicant is proposing to
purchase all three tenant spaces.
The proposed crematorium would consist of an approximately 300-square foot office and an
approximately 1,200-squre foot area containing a premanufactured cremator, a 10' by 10' cooler, and
associated storage facilities.The applicant is proposing only minor interior changes to install the cremator
and cooler units. No significant exterior changes are proposed to the building or the site. Any future
signage on the property would be required to meet the sign ordinance requirements.
-2 -
Recommendation& Findings of Fact
Petitions 42-18 and 43-18
November 5,2018
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The facility would only be open to the public on a very limited basis,specifically only for family or friends
to identify the deceased,but they will not be allowed to stay once the cremation process starts.The facility
would have two staff members on an as-needed basis, while additional staff members would be used for
the transportation of the deceased.
The facility is required to provide two parking spaces(based on the requirement for one parking space per
250 square feet of office space, and one parking space per 1,000 square feet of rear warehouse area).With
the proposed use and the existing mix of uses in the building,the property is required to have a total of 71
parking spaces. With 139 parking spaces on site, the property will continue to well exceed the parking
requirement.
Other tenants in the building include several trade contractor offices, a real estate office, and a cleaning
service company offices, among others. The Crispin Commons Condominium Association has provided
a letter to the Planning and Zoning Commission stating it has "no issues" with a crematorium. The
applicant has owned and operated the Symonds-Madison Funeral Home at 305 Park Street in Elgin since
2013. The business has been family-owned for more than 90 years.
- 3 -
Recommendation&Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
The Community Development Department offers the following additional information:
A. Property History.The subject property was annexed to the city as part of the Elgin State Hospital
Annexation in 1969 and zoned M-1 Limited Manufacturing District. The subdivision, known as
Fox Bluff Corporate Center, was approved in 1992. At that time, the property was reclassified to
ORI Office Research Industrial District as part of a comprehensive amendment to the zoning
ordinance. The subject property was one of several lots within the subdivision that was further
reclassified in 1993 to its current zoning classification of GI General Industrial District by
Ordinance G38-93. Constructed in 2006, the 28,500 square-foot, single-story building on the
property contains 19 office/warehouse condo units.
B. Surrounding Land Use and Zoning. The properties to the south, east, and west of the subject
property are zoned GI General Industrial District and are developed with various office,
warehouse, and light-industrial uses. The property to the immediate north is zoned PORI Planned
Office Research Industrial District, and it is improved with a flex industrial/ self-storage facility
and the Moose Lodge building. The area to the northeast of the subject property is zoned CF
Community Facility District and contains the City of Elgin's lime residue storage facility.
C. Comprehensive Plan. The subject property is designated as Light Industrial by the City's 2018
Comprehensive Plan and Design Guidelines. This land use includes light industrial uses and
business parks consisting of a range of uses, such as research and development, light distribution
and warehousing, light manufacturing, and service and consumer-oriented businesses. The scale
and intensity of these uses should vary based on context and respect the scale and character of
nearby housing when located near a residential area. When adjacent to commercial districts or
residential neighborhoods, buffering and screening should be in place to appropriately mitigate
potential negative impacts and nuisances. Generally speaking, light industrial uses and activities
are conducted entirely indoors and are relatively low in intensity with limited impact on adjacent
properties.
D. Zoning District. The purpose of the GI general industrial district is to provide an alternate
industrial environment for those industrial uses that do not require the location or environment of
an ORI zoning district.
E. Trend of Development. The subject property is located within an established industrial park that
is partially built-out with several vacant parcels.In fact,the southern portion of the subject property
remains vacant and could accommodate a second similar multi-tenant office and warehouse
building. This building, if built, would be designed in the same manner as the existing building,
except that the front of the building would face the street. Most other existing uses within the
industrial park are light-industrial, manufacturing, or warehousing uses.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in
consideration of Petitions 42-18 and 43-18 on November 5, 2018. Testimony was presented at the public
hearing in support of and against the application. The Community Development Department submitted a
-4-
Recommendation & Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
Development Application Review and Written Findings & Recommendation to the Planning & Zoning
Commission dated November 5, 2018.
The Community Development Department and the Planning & Zoning Commission have made the
following findings regarding this application against the proposed text amendment to § 19.40.330 B.4
"Services division", in which"Funeral services, crematoriums only(7261)", would be added to the list of
conditional uses within the GI General Industrial district, advances the purposes of the zoning ordinance
established by § 19.05.300, specifically by promoting the public health, safety, comfort, morals,
convenience, and general welfare. Considering the licensing provisions and regulations imposed by the
State of Illinois, the potential secondary impacts associated with a crematorium are no greater than, and
may in fact be significantly less than, a number of uses currently permitted in the GI district, including
but not limited to the following manufacturing uses:
Fabricated metal products (34);
Furniture and fixtures(25);
Industrial and commercial machinery and equipment(35);
Leather and leather products(31);
Lumber and wood products(24);
Primary metal industries (33);
Printing, publishing, and allied industries(27);
Rubber and miscellaneous plastics products(30);
Stone, clay, glass and concrete products (32); and
Textile mill products(22).
Manufacturing and wholesale uses that are currently conditional uses in the GI district which could
potentially have a greater secondary impact than a crematorium include but are not limited to:
Chemicals and allied products(28);
Food and kindred products(20);
Petroleum refining and related industries(29);
"Motor vehicle recycling facility" [SR1 (5093);
"Motor vehicle recycling yard" [SRi (5093);
- 5 -
Recommendation& Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
"Recycling center" (SRI (5093); and
"Recycling center yard" [SRI (5093).
STANDARDS FOR CONDITIONAL USE
The Community Development Department and the Planning & Zoning Commission have made the
following fmdings regarding this application against the standards for conditional uses 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 subject property is suitable for the intended conditional use with respect to its size,
shape, significant features including topography, watercourses, vegetation, and existing
improvements. The 2.6-acre property is improved with a 28,500-square foot building and 139
accessory parking spaces.The existing parking meets the needs of the existing uses on the property
as well as the proposed crematorium. The applicant is not proposing any site changes. There are
no significant natural features including topography, watercourses, vegetation, and existing
improvements that would have a negative impact on the proposed development.
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 existing
building is served with municipal sanitary and water services. The applicant is not proposing any
changes to the existing water, sewer, or stormwater infrastructure. The existing facilities can
adequately serve the existing uses and the proposed use on the property.
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 zoning district with respect to the
provision of safe and efficient on-site and off-site vehicular circulation designed to minimize
traffic congestion. The subject property is located along the north side of Crispin Drive, east of
McLean Boulevard. Crispin Drive is a local street and McLean Boulevard is an arterial street.The
facility will only be open to the public on a very limited basis, specifically for family or friends to
identify the deceased, but they would not be allowed to stay once the cremation process begins.
Based on the applicant's experience,this happens very infrequently. Parking will only be used by
two staff members necessary for the transportation of the deceased to and from the crematorium
and to operate the cremation equipment. The property would continue to function with efficient
- 6-
Recommendation & Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
on-site traffic circulation and will not have any negative impact on the existing traffic conditions
in the industrial park.
The facility is required to provide two parking spaces (based on the requirement for one parking
space per 250 square feet of office space, and one parking space per 1,000 square feet of rear
warehouse area). With the proposed use and the existing mix of uses in the building, the property
is required to have a total of 71 parking spaces. With 139 parking spaces on site, the property has
more than enough parking to meet the requirement of the zoning ordinance.
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 any significant exterior changes to the building or the site to
accommodate the pre-manufactured cremator and cooler units.The proposed cremation equipment
would be operated at a level at or below that established by the IEPA. 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 uses or 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&Zoning Commission recommend approval
of Petitions 42-18 and 43-18, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Daniel Symonds, as applicant
and Garden 6 Joint Venture, as property owner, received September 20, 2018, and supporting
documents including:
a. Plat of Survey,prepared by T.K.D Land Surveyors, Inc.,dated August 20,2008;
b. Undated Text Amendment and Conditional Use Statement of Purpose and Conformance,dated
received September 21,2018;
c. Undated Floor Plan,dated received October 15,2018; and
d. Undated American Crematory Equipment specification sheet, dated received September 21,
2018.
- 7 -
Recommendation & Findings of Fact
Petitions 42-18 and 43-18
November 5, 2018
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. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval of Petitions 42-18
and 43-18 subject to the conditions outlined above,was four(4) yes, zero(0)no, and zero(0)abstentions.
Two members were not present.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
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EXHIBIT A Aerial/Location Ma■yp
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Map prepared by City of Elgin 0 45 90 180 270 360
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= RC1 Residence Conservation 1
= RC2 Residence Conservation 2
= RC3 Residence Conservation 3 PORI /
N. PRC Planned Residence Conservation I SFR1 Single Family Residence 1PSFR1 Planned Single Family Residence 1
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MI PSFR2 Planned Single Family Residence 2
Mil TRF Two Family Residence
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ME RB Residence Business i
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AB Area Business CC
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EXHIBITS Zoning Map
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Map prepared by City of Elgin 0 120 240 480 720 960
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1 1330 Crispin Dr.
Petition 43-18
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EXHBIIT C Parcel Map N
City of Elgin 0 15 30 60 90 120
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EXHIBIT D
SITE LOCATION
1330 Crispin Drive
Petitions 42-18 and 43-18
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EXHIBIT D
SITE LOCATION
1330 Crispin Drive
Petitions 42-18 and 43-18
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EXHIBIT D
SITE LOCATION
1330 Crispin Drive
Petitions 42-18 and 43-18
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