G24-03 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 -