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G5-16Ordinance No. G5 -16 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE COUNSELING CENTER IN THE CC CENTER CITY DISTRICT (25 South Grove Avenue, Suite 305) WHEREAS, written application has been made for a conditional use at 25 South Grove Avenue, Suite 305; and WHEREAS, the zoning lot with the building containing the premises at 25 South Grove Avenue, Suite 305 comprises of the properties at 21 -29 South Grove Avenue, which lot is legally described herein (the "Subject Property "); and WHEREAS, the Subject Property is located within the CC1 Center City District and a social service counseling center is a listed conditional use within the CC1 Center City District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2016, following due notice by publication; and WHEREAS, the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development 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 CC 1 Center City District pertain 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 January 4, 2016, 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 social service counseling center known as "Braden Counseling Center" is hereby granted to occupy Suite 305 at the property commonly known as 25 South Grove Avenue, contained within the zoning lot at 21 -29 South Grove Avenue, commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06 -14- 434 -012 and 06 -14- 434 -020, and legally described as follows: Parcel 1 The Easterly 20.85 feet measured along the north line of that part of lots 6 and 7 in block 15 of the original town of Elgin on the East side of the Fox River, described as follows: Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly line of said lot 59.59 feet for a point beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111 .58 to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 33.34 feet to the north line of lot 7; thence west along the north line of lot 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning in the city of Elgin, Kane County, Illinois; Parcel 2. That part of lots 6 and 7 in block 15 of the original town of Elgin, on the east side of the Fox River, described as follows: Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly of said lot 59.59 feet for a point of beginning; thence northeasterly along a line forming an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111 .58 feet to a line 35.15 feet west of and parallel with the east line of lot 7; thence north along said parallel line 22.34 feet to the north line of lot 7; thence west along the north lines of lots 6 and 7 to the northwest corner of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning (except the easterly 20.85 feet measured along the north line) in the city of Elgin, Kane County, Illinois; and Parcel 3. Parking easement created by agreement with the city of Elgin, document number 98KI01679 and assigned by document number 98K101678, both recovered November 3, 1998, for the benefit of Parcels 1 and 2. Permanent Index Number (PIN) 06 -14- 434 -012 and 06 -14- 434 -020 Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by Braden Counseling Center as applicant, and consisting of the following exhibits: a. Statement Purpose prepared by Braden Counseling Center dated November 11, 2015 b. Letter from McLennan Commercial Properties, Inc. dated November 6, 2015 providing the consent of the property owner -2- In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 2. The social service counseling center shall be restricted to Suite 305 and adjoining conference room located within the property at 25 South Grove Avenue. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. K ain, ayor Presented: February 10, 2016 Passed: February 10, 2016 Vote: Yeas: 7 Nays: 2 Recorded: February 10, 2016 Published: February 12, 2016 Attes A.G imberly Dewis, C' y Clerk -3-