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G52-12 _ Ordinance No. G52-12 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE ESTABLISHMENT OF AN INDIVIDUAL AND FAMILY SOCIAL SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1140 North McLean Boulevard) WHEREAS, written application has been made granting a conditional use to permit the establishment of an individual and family social services facility in the AB Area Business District at 1140 North McLean Boulevard; and WHEREAS, the Planning & Zoning Commission 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 Planning & Zoning Commission. 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 August 6, 2012, made by the Planning & 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 to permit the establishment of an individual and family social services facility in the AB Area Business District at 1140 North McLean Boulevard and legally described as follows: That part of the Southwest Quarter of fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of North McLean Boulevard (formerly Sleepy Hollow Road) with the North right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, also being the South right of way line of Big Timber Road; thence Westerly, along said North right of way line and along said South right of way line, a distance of 250.00 feet; thence Northerly, parallel with said center line of North McLean Boulevard, a distance of 500.00 feet for the point of beginning; thence Easterly, parallel with said North right of way line of the railroad, a distance of 250.00 feet to said center line of North McLean Boulevard; thence Northerly, along said center line, a distance of 123.48 feet to a point that is 623.48 feet Northerly of (as measured along said center line of North McLean Boulevard) the point of commencement, said point hereinafter referred to as Point A; thence continuing Northerly, along the last described course, a distance of 151.52 feet; thence Westerly, parallel with said North right of way line of the railroad, a distance of 637.15 feet to a point that is 10.00 feet Westerly of, is measured perpendicular to the center line of an existing Railroad Spur Track (as existed on August 26, 1985); thence Southerly parallel with said Railroad Spur • Track, a distance of 3.00 feet; thence Easterly parallel with said North right of way line of the railroad, a distance of 209.60 feet; thence Southerly perpendicular to the last described course, a distance of 271.97 feet to a line drawn Westerly, parallel with said North right of way line of the railroad from the point of beginning; thence Easterly along said parallel line, a distance of 181.88 feet to the point of beginning; (excepting therefrom that portion described as follows: Commencing at aforesaid Point A; thence Westerly parallel with said North right of way line of the railroad, a distance of 40.01 feet to the Westerly right of way line of North McLean Boulevard for the point of beginning of exception; thence continuing Westerly on the last described course, a distance of 148.02 feet; thence Northerly parallel with said centerline of North McLean Boulevard, a distance of 113.01 feet; thence Easterly parallel with said North right of way line of the railroad, a distance of 148.02 feet to the said Westerly right of way line of North McLean Boulevard; thence Southerly along said Westerly right of way line, being parallel with said center line of North McLean Boulevard, a distance of 113.01 feet to the point of beginning of exception), being situated in the City of Elgin, Kane County, Illinois. (Property Commonly Known as 1140 North McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance/Rider and • Attachments, submitted by attorney Peter Bazos, Attorney at Law, dated received July 11, 2012. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Alta Survey, dated received July 11, 2012. 3. The individual and family social services facility is restricted to the tenant spaces within Unit F, lower and upper floors, located at 1140 North McLean Boulevard, except that this grant of conditional use permits, without need for amendment to this conditional use, future relocation and/or expansion within the building such that the total floor area of the use does not exceed 12,500 square feet. 4. Substantial conformance to the floor plans (sheets 1 and 2), prepared by JDM Associates Architects/Planners, and dated February 22, 2012. 5. Substantial conformance to the tenant location map, dated August 13, 2012. 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. • 2 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. David J. ptain, ayor Presented: September 12, 2012 Passed: September 12, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 12, 2012 �aes�Ms Published: September 13, 2012 r. Attest: • Kimberly De , City Clerk • • 3 August 6, 2012 Ae PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community Development 1 i OVERVIEW Family Service Association of Greater Elgin Area requests approval of a conditional use to establish a counseling and therapy center within approximately 8;800 .square feet of the approximately 16;800 square-foot building at 1140 North McLean Boulevard. This use is classified as an individual and family social services facility, which is a conditional use when located within the AB Area Business zoning district. GENERAL INFORMATION Petition No.: M-12 RECOMMENDATION: APPROVE. subiect to conditions outlined at the conclusion of this report `�• (see Recommendation Detail) Applicant: Family Service Association of Greater Elgin Area Staff Coordinator: Denise Momodu. Associate Planner History: After due notice as required by law. the Planning and Zoning Commission held a public hearing and considered Petition 30-12 on August 6. 2012. The applicant submitted a Statement of Purpose and Conformance dated received Julv 11. 2012 and testified at the public hearing. List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Plans F. Draft Conditional Use Ordinance G. Transcript BACKGROUND & PROJECT DETAIL V• The proposed facility would occupy approximately 8;800 square feet within the approximately 16;800 square multi multi-tenant building. Other uses within the building include a financial advisor agency; chiropractic clinic; an independent not-for- profit blood center, a hearing aid center, and medical Exhibit A doctor's offices. • The applicant is re-locating from their current location.at 22 South Spring Street. The hours of operation would be from 9:00 a.m. to 5:00 p.m. Monday through Friday, and on Saturdays by appointment only. The therapy service program provides a full array of comprehensive mental health services, which may include crisis prevention, pre-hospital screening, mental health assessment, etc. to the community's youth, adults, seniors and their families, which may be experiencing emotional difficulties and/or family dysfunction. Other additional services would include consumer credit counseling services such as budget/financial, debt and money management, pre-purchase and foreclosure prevention, and other educational programs. FINDINGS OF FACT The Planning & Zoning Commission finds that: A. Site _ Characteristics Standard. The suitability of the subject_propery; 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 irregular shaped parcel containing 2.34 acres of land. The property is - improved with a one-and-a-half story, 16,816 square-foot, multi-tenant commercial building and a paved parking lot. There are no significant natural features located on the site. B. Sewer and Water Standard. The suitability of the subject propery)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 and sanitary sewer systems. 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 is suitable for the intended conditional use with respect to the traffic and parking standard. • Page 2 of 5 The subject property is located on the west side of North McLean Boulevard. It has direct access �• to North McLean Boulevard by way of two full access points. McLean Boulevard is an arterial street serving the west side of Elgin. Off street parking is provided in conformance with the off street-parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of rime the property• has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed into the City of Elgin in 1966 and was zoned B4 General Service District. The property was reclassified in 1992 to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. The existing multi-tenant commercial building was built in 1988. Insurance Correlators, Inc., an independent insurance agency was the last known business to have occupied the subject tenant space. . E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. f Findings. The subject property is suitable for the intended conditional use with respect to .__• consistency and compatibility with surrounding land use and zoning. The areas located north; south, and east of the subject property are zoned AB Area Business District and are developed with the commercial and retail uses, restaurants, and the Tyler Creek- Plaza shopping center. The area to the west and southwest is zoned AB Area Business District and is developed with the Grand Plaza El Mesias flea market and a commercial operations yard. The area located northwest of the subject property is zoned CF Community Facility District and contains the detention area for the Windsor Commerce Center Subdivision. F. Trend of Development Standard. The suiiabilit}% of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use with respect to the trend of development standard. The subject property is located within a commercial area that offers business, personal services, and retail uses. �. • G. Zoning District Standard. The suitability of the subject property for the intended conditional Page 3 of 5 use.with respect to conformance to the provisions for the purpose and intent, and location and • size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance-to the provisions for the purpose and intent, and location and size of the zoning district. The purpose of the AB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. AB zoning districts are limited.by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC center city district. The purpose and intent of the ARC .Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the city of Elgin "Comprehensive Plan." The ARC overlay district is a zoning overlay district, and accordingly, the property located within the .district shall be subject to the regulations of the underlying zoning district in which it is located. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as ** ghway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. I. 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. y 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. J. 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 Page 4 of 5 property located in a designated historic district while preserving those portions and features of f the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. RECOMMENDATION DETAIL By a vote_ of seven (7) yes, zero .(0) no, and one (1) abstention/recusal,. the Planning & Zoning, Commission recommends approval of Petition 30-12, subject to the following conditions: y 1. Substantial conformance to the Statement of Purpose and Conformance/Rider and Attachments; submitted by attorney Peter Bazos; Attorney at Law, dated received July 11, 2012. In the event of any,conflict between.such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Alta Survey; dated received July 11, 2012. �— 3. The individual and family social services facility is restricted to the tenant spaces at Unit F. lower and upper floors, located at 1140 North McLean Boulevard. 4. Substantial conformance to the floor plans (sheets 1 and 2), prepared by JDM Associates Architects/Planners, and dated February 22, 2012. 5. All graphics must meet the requirements of Chapter 19. 0 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. Respectfully Submitted; s/Robert Siliestrom Robert Siljestrom, Chairman Planning & Zoning Commission s/Sarosh Saber Sarosh Saher, Secretary Planning & Zoning Commission Page 5 of 5