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HomeMy WebLinkAboutG16-24 Ordinance No. G16-24 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT AND FOR A TEMPLE IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (462-472 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a planned development for the adaptive reuse of an existing office building as a temple,with certain departures from the Elgin zoning ordinance at 462 North Mclean Boulevard; and WHEREAS, the existing office building at 462 North McLean Boulevard is part of the zoning lot containing the premises at 462-472 N. Mclean Boulevard, which is legally described herein(the"Subject Property"); and WHEREAS, the Subject Property contains less than two (2) acres of land and is located within the RB Residence Business District,and WHEREAS, a planned development on a zoning lot containing less than two (2) acres of land and a temple are listed as conditional uses within the RB Residence Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on January 8, 2024, 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 in their Findings of Fact; 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 for a planned development and for a temple (SIC 8661) in the RB Residence Business 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 January 8, 2024, 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, subject to such additional conditions and restrictions as set forth Section 3, below. Section 2. That a conditional use for a planned development and for a temple, all for the adaptive reuse of an existing office building as a temple with certain departures from the Elgin zoning ordinance, is hereby granted for the property commonly known as 462 North McLean Boulevard, with is part of the property commonly identified by Kane County Property Index Numbers 06-10-378-175, 06-10-378-176, 06-10-378-177, 06-10-378-153, 06-10-378-154, 06-10- 378-156, 06-10378-155, and 06-10378-158,and legally described as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE WESTERLY, ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER, A DISTANCE OF 306.00 FEET; THENCE NORTHERLY, PARALLEL WITH THE EST LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 196.20 FEET;THENCE EASTERLY, PARALLEL WITH THE SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 306.00 FEET TO THE SAID EAST LINE OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY, ALONG SAID EAST LINE, A DISTANCE OF 196.30 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 462-472 North McLean Boulevard and herein after referred to as the Subject Property). Section 3. That the conditional uses for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Sri Gururaya Seva Samithi (SGSS) of Illinois, as applicant and property owner, received May 5, 2023, and supporting documents including: a. Undated Statement of Purpose and Conformance document, received November 27, 2023; b. Boundary and Topographic Survey, prepared by Regional Land Services, dated November 13, 2023; c. McLean Executive Center Condominium plat, prepared by John T. Burnidge and Associates, Inc.,dated September 19, 1994; and 2 d. The 13-page architectural plan set titled: "Proposal to Convert Use from an Existing Office Building to a Worship Space", prepared by Rasa Design, dated November 27, 2023, with such further revisions as required by the Community Development Director. 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. A departure is hereby granted to allow the establishment of a religious institution,more specifically a temple, within the existing one-story building commonly known as 462 N. McLean Boulevard without the requirement to provide additional parking spaces, provided a minimum of 64 parking spaces are located on the Subject Property. 3. The maximum occupancy at the temple shall not exceed 253 persons at any time in so long as 64 parking spaces are located on the Subject Property. For certainty, this limitation on the number of persons is a product of the number of parking spaces available to the temple. As such, the maximum occupancy includes any person at the temple, including not limited to the priest, employees, volunteers, members of the congregation, guests, visitors, and/or persons providing a service, such as caterers and waitstaff.Also,this limitation on the number of persons at the temple is not only limited to persons inside the building but also includes persons associated with temple but outside the building (e.g. attending an outside event). The maximum occupancy is calculated by providing one parking space for the priest's residence then adding 4 persons for each of the remaining 63 parking spaces. Should the number of parking spaces on the Subject Property be reduced from 64 for any reason (e.g. to provide additional accessible parking spaces or to provide electric vehicle charging stations), then the maximum occupancy at the temple shall be reduced accordingly by applying this formula. For example, four standard parking spaces are converted into two accessible parking spaces, reducing the total amount of parking spaces on the Subject Property to 62. In this example, the maximum occupancy at the temple would be reduced to 245. (One space for the priest's residence then adding 4 persons for each of the remaining 61 spaces.) 4. The maximum occupancy allowed by this conditional use shall be identified on signs posted in multiple conspicuous locations inside the building, including but not limited the east and west halls. The letters on said signs shall be no smaller than one (1) inch tall. 5. Should the temple wish to increase the maximum occupancy authorized by this grant of conditional use to a maximum of 320 persons, then the temple shall submit to the Development Administrator a shared parking agreement with the owner of the property adjacent to the south, commonly known as 452 N. McLean Boulevard, to allow for persons associated with the temple to use all 32 existing parking spaces on the property commonly known as 452 N. McLean Boulevard. Such shared parking agreement shall be in a form first found acceptable and approved by the City. Such shared parking 3 agreement shall be in effect during all times the proposed temple at 462 N. McLean Boulevard is open. The temple may request approval by the Development Administrator of a substitute agreement for the use of parking spaces on any other property, subject to compliance with the locational restrictions for off-street parking of this grant of conditional use, at any time. Such substitute agreement for the use of off- premises parking,and the terms of it, shall be in the form and as approved by the City. Any agreement used to satisfy the terms of this condition shall include a provision that said agreement may neither be terminated nor the amount of parking shared reduced below 32 parking spaces without the written consent of the Development Administrator. 6. No person associated with the temple shall use any existing or future off-street parking spaces east of N. McLean Boulevard. 7. If at any time in the future, any person associated with the temple uses any on-street parking spaces east of N. McLean Boulevard, then the temple shall arrange for and implement the use of crossing guards to assist said persons with crossing N. McLean Boulevard.The use of such crossing guards shall be in accordance and compliance with any other appliable codes and ordinances. 8. No person associated with the temple shall park within an on-street parking space on Heine Avenue. 9. Prior to the issuance of a certificate of occupancy, the temple shall install (or cause to be installed)approximately 145 feet of six-foot-high privacy fence generally along the entire north lot line of the parcel identified by Kane County Property Identification Number(PIN) 06-10-378-175. The installation shall be done in a manner to minimize the removal of trees. Trees may be removed to facilitate the installation of this fence with prior authorization from the Director of Community Development or his designee, and such authorization will not require the planting of a replacement tree(s). 10. Any event at the proposed temple may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes,ordinances, rules and regulations. 11. Any event at the proposed temple may include the incidental playing of amplified live or recorded music,subject to compliance with applicable noise codes,ordinances,rules and regulations. Musical concerts or incidental playing of amplified live or recorded music are only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 "Noise" of the Elgin Municipal Code, 1976 as amended. 4 12. 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. 141/41/1e74&/ David J. Kapt, , M# Presented: March 20, 2024 Passed: March 20, 2024 Vote: Yeas: 7 Nays: 2 Recorded: March 20, 2024 Published: March 20, 2024 A est: A&441.6, Kimberly De s, ty Clerk 5 FINDINGS OF FACT PETITION 13-23 462 N. McLean Boulevard January 8, 2024 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 Petition 13-23, an application by Sri Gururaya Seva Samithi (SGSS) of Illinois, as applicant and property owner, is requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the minimum number of off-street parking spaces, and any other departures as may be necessary or desirable, for the adaptive reuse of the existing one-story office building as a temple at the property commonly referred to as 462 N. McLean Boulevard. GENERAL INFORMATION Petition Number: 13-23 Property Location: 462 N. McLean Boulevard Requested Action: Planned development as a conditional use for a temple Current Zoning: RB Residence Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. RB Residence Business District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant Proposed Use: Temple Applicant: Sri Gururayara Seva Samiti of Illinois (SGSS) Owner Sri Gururayara Seva Samiti of Illinois (SGSS) Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 2 - Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Sri Gururaya Seva Samithi (SGSS) of Illinois, as applicant and property owner, is requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the minimum number of off-street parking spaces, and any other departures as may be necessary or desirable, for the adaptive reuse of the existing one-story office building as a temple at the property commonly referred to as 462 N. McLean Boulevard. The subject property is a 7,075-square foot one-story office building constructed in 1994 and located on the west side of N. McLean Boulevard generally half way between W. Highland Avenue and Wing Street. The building is part of the 1.3-acre property which also includes an approximately 6,500-square foot two-story office building and a surface parking lot with 64 parking spaces shared by both buildings. The property and its parking lot have one full access driveway to N. McLean Boulevard. The subject building at 462 N. McLean Boulevard is currently vacant, while the adjacent building at 472 N. McLean Boulevard is fully occupied by three tenants: a dental lab, and employment agency, and a real estate office. Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 3 - The property is zoned RB Residence Business District. The property adjacent to the north is also zoned RB Residence Business District and is improved with a two-story office building with an accessory parking lot. The property adjacent to the south with access off of N. McLean Boulevard is zoned RB Residence Business and is improved with a two-story office building and accessory parking lot with 32 parking spaces. The other property adjacent to the south with access from Heine Avenue is zoned RC2 Residence Conservation District and is improved with a single-family home. The property adjacent to the west is zoned PRC Planned Residence Conservation District and is improved with two two-story multiple-family residential buildings known as Maple Woods Condominiums. The property to the east is Kimball Middle School zoned CF Community Facility District. Proposal SGSS, a public charity organization founded in 2019, is proposing adaptive reuse of the existing one-story office building at 462 N. McLean Boulevard to use it as a temple. The applicant, who purchased the property in June of 2023, is proposing substantial renovation of the building. All of the renovations would take place on the interior of the building. With the exception of exterior signage, which would comply with the zoning ordinance, the applicant is not proposing any changes to the exterior of the building or the site. The renovated building would have two separate areas for congregation, the east hall and the west hall. The east hall would be used for religious ceremonies while the west hall would be used as a dining hall for traditional meals after religious service, and for special events. The building would Figure 1. Site area map with zoning overlay Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 4 - also include a commercial kitchen due to the need for the preparation of traditional meals, and living quarters, (a 1-BD residential unit), for the priest. Per the Hindu religious tradition, religious rituals are not usually congregational in nature. Worshipers come at their own time, during temple hours, offer their prayers and leave. The exception to this are “chanting sessions” and special events for which worshipers congregate at the designated time. The changing sessions take place on Thursday evenings from 6:30 pm to 8:30 pm. The special events would take place on the weekends and include, but are not limited to, religious holidays, which take place once per month (12 in a year), and fundraising events, which take place four times per year. The temple would be open Monday-Friday from 7 am to 9 am and from 6 pm to 9 pm. On weekends, the temple would be open from 9 am to 9 pm. During most of the time, the applicant expects no more than 15 people at any one time for religious service. On Thursday evenings, the applicant expects a maximum of 96 people to attend the religious service. The once per month religious events are expected to have up to 284 persons in attendance. And finally, for the fundraising events (four per year) the applicant expects the maximum occupancy of 320 people. Figure 2. Proposed floor plan on a typical weekday Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 5 - Parking The temple is required to have a one parking space per four seats during peak occupancy plus one parking space per employee. Based on the peak occupancy of 320 persons and one priest, the facility is required to have 81 parking spaces. With 64 parking spaces on site, the property does not meet the parking requirement, and the applicant is requesting the approval of a planned development as a conditional use with a departure from the parking requirement. The adjacent 6,500-square foot building at 472 N. McLean Boulevard, with whom the subject property shares the existing 64-stall parking lot is fully occupied with office uses. That building in itself is required to have 26 parking spaces. However, the actual parking demand of the existing users in the adjacent building is far less than its zoning requirement. Currently, the existing parking lot has at most four parking spaces occupied on Thursday afternoon/evenings, leaving 60 parking spaces available for the temple’s use. Figure 3. Proposed floor plan for typical fundraising event (4 per year) Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 6 - The applicant has come to terms to access and use all 32 parking spaces in the parking lot on the adjacent property to south at 452 N. McLean Boulevard. That property is home to a two -story, approximately 8,000-square foot office building which is required to have and incudes in its on- site parking lot a total of 32 parking spaces. The building is occupied by three office uses, including two counseling service providers, and the local offices of the Illinois Department of Human Services. However, the actual parking demand of those office users is also far less than that required by the zoning ordinance. Currently during the busiest time on Thursday evenings and Saturday mornings only four parking spaces are occupied. That leaves 28 parking spaces available for the temple’s use. As such, with the arrangement for the use of off-premises parking at 452 N. McLean Boulevard, the proposed temple would have access to minimum 88 of 96 parking spaces total between its on- site parking lot (64 parking spaces) and the adjacent parking lot at 452 N. McLean Boulevard (32 parking spaces). The requested departure from the parking requirement is summarized in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1. Detail of Departures for 462 N. McLean Boulevard Requirement Proposal Number parking spaces required 81 (Temple) 26 (472 N. McLean Blvd building) 32 (452 N. McLean Blvd building) 139 total 64 at 462-472 N. McLean Blvd 32 at 452 N. McLean Blvd 96 total A temple is listed as a conditional use in the RB Residence Business District, requiring the review and recommendation by the Planning and Zoning Commission and the approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the City in 1987. Upon annexation, the property was rezoned to O Limited Office District. In 1992, the property was rezoned to RB Residence Business District. In 2001 the property became part of the ARC Arterial Road Corridor Overlay District. The existing building at 472 N. McLean Boulevard was completed in 1989. The existing building at 462 N. McLean Boulevard was completed in 1994. Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 7 - B. Surrounding Land Use and Zoning. The subject property is zoned RB Residence Business District. The property adjacent to the north is also zoned RB Residence Business District and is improved with a two-story office building with an accessory parking lot. The property adjacent to the south with access off of N. McLean Boulevard is zoned RB Residence Business and is improved with a two-story office building and accessory parking lot with 32 parking spaces. The other property adjacent to the south with access from Heine Avenue is zoned RC2 Residence Conservation District and is improved with a single- family home. The property adjacent to the west is zoned PRC Planned Residence Conservation District and is improved with two two-story multiple-family residential buildings known as Maple Woods Condominiums. The property to the east is Kimball Middle School zoned CF Community Facility District. C. Comprehensive Plan. The subject property is designated as Office by the City’s 2018 Comprehensive Plan and Design Guidelines. Office uses include professional services as well as medical-related office uses. General offices, financial firms, technology companies, corporate headquarter, clinics, and doctor and dentist offices are all included in the office land use. This land use comprises two general types of development: 1) Large office campuses anchored by major users, and 2) Small clusters of related users such as medical offices or financial services often located adjacent to commercial corridors. With the exception of a couple major office tenants, such as JP Morgan Chase, the majority of office uses are ancillary in nature, supporting the function of nearby institutions and commercial areas. D. Zoning District. The purpose and intent of the RB Residence Business District is to conserve the residential character of certain properties located within transportation corridors as designated by Official Comprehensive Plan by providing various use alternatives, but with site design regulations in keeping with a residential environment. E. Trend of Development. The subject property is located along N. McLean Boulevard arterial road between Highland Avenue on the south and Wing Street on the north. This stretch of McLean Boulevard is characterized by small and medium size office and commercial developments. Most small properties are improved with one- or two-story office buildings home to various office users, such as real estate or medical offices. This stretch of the corridor also includes the four-story Sheridan at Tyler Creek, a senior living facility, the Kimball Middle School, and multi-tenant Wing Park Shopping Center. This portion of N. McLean Boulevard will continue to be characterized by small-to-medium size office and commercial developments serving the surrounding neighborhoods. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 13-23 on January 8, 2024. Testimony was presented at the Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 8 - public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated January 8, 2024. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. SSGS is proposing only the interior renovation of the existing building to use it as a temple. The property is already improved with two buildings and a surface parking lot with 64 parking spaces. The applicant is not proposing any exterior changes to the building or the site. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse of the existing building a temple. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is proposing substantial interior renovation of the building which would include the addition of one new bathroom and a commercial kitchen. The applicant will upgrade the existing water and sanitary sewer lines as necessary to accommodate the new water and sanitary sewer fixtures. The existing city infrastructure adjacent to the building has adequate capacity to meet the needs of the renovated building. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 9 - neighborhoods, but on their periphery as defined by the "arterial street" [SR] system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is fully improved with two office buildings and a surface parking lot with 64 parking spaces. The parking lot has one full access to N. McLean Boulevard which adequately serves the property. The applicant is not proposing to make any changes to the existing on-site or off-site vehicular circulation. The peak traffic to be generated by the proposed temple would take place on weekends when most other surrounding businesses which are open during normal business hours during the week, are closed. The proposed use will not have any negative effect on the existing traffic conditions in the immediate area. The proposed temple is required to have 81 parking spaces based on the parking requirement of one parking space per four seats during peak occupancy plus one parking space per employee. With the existing 6500-sq. ft. office building at 472 N. McLean Boulevard, the entire property is required a total of 107 parking spaces. The property has a total of 64 parking spaces and the applicant is requesting approval of a departure from the parking requirement. Only four parking spaces are used during peak times on Thursday afternoons. That leaves 60 parking spaces available for the temple. In addition, the applicant has come to an agreement to use all 32 parking spaces in the parking lot of the adjacent property at 452 N. McLean Boulevard. That property has also very low parking usage despite being fully occupied. During its peak time only four parking spaces are used at 452 N. McLean Boulevard, leaving at least 28 parking spaces available for the use by the temple. As such, with the proposed shared parking agreement with the property adjacent to the south, the proposed temple will have adequate parking and will not have any negative effect on the surrounding properties. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 10 - the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed to the City in 1987. Upon annexation, the property was rezoned to O Limited Office District. In 1992, the property was rezoned to RB Residence Business District. In 2001 the property became part of the ARC Arterial Road Corridor Overlay District. The existing building at 472 N. McLean Boulevard was completed in 1989. The subject building at 462 N. McLean Boulevard was completed in 1994. The building is currently vacant. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. The subject property is zoned RB Residence Business District. The property adjacent to the north is also zoned RB Residence Business District and is improved with a two-story office building with an accessory parking lot. The property adjacent to the south with access off of N. McLean Boulevard is zoned RB Residence Business and is improved with a two-story office building and accessory parking lot with 32 parking spaces. The other property adjacent to the south with access from Heine Avenue is zoned RC2 Residence Conservation District and is improved with a single-family home. The property adjacent to the west is zoned PRC Planned Residence Conservation District and is improved with two two-story multiple-family residential buildings known as Maple Woods Condominiums. The property to the east is Kimball Middle School zoned CF Community Facility District. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located along N. McLean Boulevard arterial road between Highland Avenue on the south and Wing Street on the north. This stretch of McLean Boulevard is characterized by small and medium size office and commercial developments. Most small properties are improved with one- or two-story office buildings home to various office users, such as real estate or medical offices. This stretch of the corridor also includes the four-story Sheridan at Tyler Creek, a senior living facility, the Kimball Middle School, and multi-tenant Wing Park Shopping Center. This portion of N. McLean Boulevard will continue to be characterized by small -to-medium size office and commercial developments serving the surrounding neighborhoods. Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 11 - G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan. The subject property is designated as Office by the City’s 2018 Comprehensive Plan and Design Guidelines. Office uses include professional services as well as medical-related office uses. General offices, financial firms, technology companies, corporate headquarter, clinics, and doctor and dentist offices are all included in the office land use. This land use comprises two general types of development: 1) Large office campuses anchored by major users, and 2) Small clusters of related users such as medical offices or financial services often located adjacent to commercial corridors. With the exception of a couple major office tenants, such as JP Morgan Chase, the majority of office uses are ancillary in nature, supporting the function of nearby institutions and commercial areas. I. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. The applicant is proposing a planned development as a conditional use to allow for the departure from the parking requirement. The 1.3-acre property is less than two acres, which is necessary to establish a Planned Development District. The proposed conditional use for a planned development would allow for the adaptive reuse of an existing vacant office building. The applicant has reached an agreement for shared parking with the adjacent property to the south and will have access to 96 parking spaces across both its own property and the adjacent property at 452 N. McLean Boulevard. That exceeds th e parking requirement for the temple. The existing office uses at both 452 N. McLean Boulevard and 472 N. McLean Boulevard buildings have very low parking demand, and almost all existing parking spaces will be available for the use by the temple during its peak Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 12 - times on weekends, when most office tenants across both properties are closed. The proposal would ignite a new life for the subject building that would have a positive effect on the surrounding properties. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The subject property is fully improved with two office buildings and a surface parking lot. The applicant is not proposing to make any exterior changes to the building or the site. There are no significant natural features on the property. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The applicant is proposing the adaptive reuse of the existing vacant office building as a temple. While the temple would be open during the week, its peak times would take place on the weekends, typically one per month for religious holid ays and/or special fundraising events. During those peak times the businesses in the adjacent office building at 472 N. McLean Boulevard would be closed. Still the applicant has arranged for a shared parking agreement to use all 32 parking spaces available in the parking lot on the adjacent property at 452 N. McLean Boulevard. The majority of businesses located within the office building on that property are also closed on the weekends. As such, the proposed temple would have nearly all parking spaces at its own property and at 452 N. McLean Boulevard property available for its visitors. The proposed temple will not have any negative effect on the surrounding uses or properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departure from the requirements of the zoning ordinance: 1. Sections 19.45.070, “Required Number of Parking Spaces”. The proposed temple is required to have 81 parking spaces based on the parking requirement of one parking space per four seats during peak occupancy plus one parking space per employee. With the existing 6500-sq. ft. office building at 472 N. McLean Boulevard, the property is required Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 13 - a total of 107 parking spaces. The property has a total of 64 parking spaces. Staff finds the proposed departure is appropriate and necessary for a desirable adaptive reuse of an existing vacant office building. During vast majority of the time, the proposed temple would have adequate number of parking spaces with the 64 parking spaces in the on-site parking lot. During special events, which would take place on the weekends, the maximum occupancy expected is 320 people, which results in the parking requirement for 81 parking spaces. The applicant has come to terms with the adjacent property to the south to use the entire parking lot on that property with 32 parking spaces. This results in 96 total parking spaces available for the use of the temple attendees during such rare special events. Such special events only take place on the weekends when other office tenants in the building at 472 N. McLean Boulevard and in the office building at 452 N. McLean Boulevard have very little to no parking demand. Both the existing on-site parking lot, and the parking lot at 452 N. Mclean Boulevard have currently no more than 4 occupied parking spaces in each parking lot at any time. As such, with the proposed shared parking arrangement, the proposed temple will have adequate number of parking spaces, and will not have any negative impact on the surrounding properties. STANDARDS FOR CONDITIONAL USE 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. SSGS is proposing only the interior renovation of the existing building to use it as a temple. The property is already improved with two buildings and a surface parking lot with 64 parking spaces. The applicant is not proposing any exterior changes to the building or the site. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed adaptive reuse of the existing building a temple. 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. Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 14 - The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is proposing substantial interior renovation of the building which would include the addition of new bathrooms on all floors. The applicant will upgrade the existing water and sanitary sewer lines as necessary to accommodate the new bathrooms. The existing city infrastructure adjacent to the building has adequate capacity to meet the needs of the renovated building. 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 conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property is fully improved with two office buildings and a surface parking lot with 64 parking spaces. The parking lot has one full access to N. McLean Boulevard which adequately serves the property. The applicant is not proposing to make any changes to the existing on-site or off-site vehicular circulation. The peak traffic to be generated by the proposed temple would take place on weekends when most other surrounding businesses which are open during normal business hours during the week, are closed. The proposed use will not have any negative effect on the existing traffic conditions in the immediate area. The proposed temple is required to have 81 parking spaces based on the parking requirement of one parking space per four seats during peak occupancy plus one parking space per employee. With the existing 6500-sq. ft. office building at 472 N. McLean Boulevard, the entire property is required a total of 107 parking spaces. The property has a total of 64 parking spaces and the applicant is requesting approval of a departure from the parking requirement. Only four parking spaces are used during peak times on Thursday afternoons. That leaves 60 parking spaces available for the temple. In addition, the applicant has come to an agreement to use all 32 parking spaces in the parking lot of the adjacent property at 452 N. McLean Boulevard. That property has also very low parking usage despite being fully occupied. During its peak time only four parking spaces are used at 452 N. McLean Boulevard, leaving at least 28 parking spaces available for the use by the temple. As such, with the proposed shared parking agreement with the property adjacent to the south, the proposed temple will have adequate parking and will not have any negative effect on the surrounding properties. 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. Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 15 - 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 proposing only interior renovation of the existing vacant office building to use it as a temple. No exterior changes to the building or the site are proposed. The temple’s peak times would occur on weekends during special events and religious holiday celebrations. The applicant has come to terms on a shared parking agreement which allows the use of the 32-space parking lot on the adjacent property at 452 N. Mclean Boulevard. Most existing office uses at 452 N. McLean Boulevard and 472 N. McLean Boulevard buildings are closed on weekends, so the temple will have nearly all parking spaces available for its use. The two parking lots can adequately serve the parking needs of the temple. The proposed use will not have any negative impact on the surrounding 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 and Zoning Commission recommend approval of Petition 13-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Sri Gururaya Seva Samithi (SGSS) of Illinois, as applicant and property owner, received May 5, 2023, and supporting documents including: a. Undated Statement of Purpose and Conformance document, received November 27, 2023; b. Boundary and Topographic Survey, prepared by Regional Land Services, dated November 13, 2023; c. McLean Executive Center Condominium plat, prepared by John T. Burnidge and Associates, Inc., dated September 19, 1994; and d. The 13-page architectural plan set titled: “Proposal to Convert Use from an Existing Office Building to a Worship Space”, prepared by Rasa Design, dated November Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 16 - 27, 2023, with such further revisions as required by the Community Development Director. 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. A departure is hereby granted to allow the establishment of a religious institution, more specifically a temple, within the existing one-story building commonly known as 462 N. McLean Boulevard without the requirement to provide additional parking spaces, provided a minimum of 64 parking spaces are located on the Subject Property commonly known as 462-472 N. McLean Boulevard. 3. Prior to the building permit issuance, the applicant shall submit the executed copy of the shared parking agreement with the owner of the property adjacent to the south, commonly known as 452 N. McLean Boulevard, for the use of all existing parking spaces on th e property commonly known as 452 N. McLean Boulevard. Such shared parking agreement shall be in effect during all times the proposed temple at 462 N. McLean Boulevard is open. The applicant may submit and request approval of a substitute agreement for the use of parking spaces on any other property at any time. Such substitute agreement for the use of off-premises parking, and the terms of it, shall be in the form and as approved by the Development Administrator. Any agreement used to satisfy the terms of this condition shall include a provision that said agreement may neither be terminated nor the amount of parking shared reduced below 32 parking spaces without the written consent of the Development Administrator. 4. The employees and visitors for the proposed temple shall not use any existing or future off- street parking spaces east of N. McLean Boulevard. 5. If at any time in the future, the employees or visitors of the proposed temple use any on - street parking spaces east of N. McLean Boulevard, the applicant shall arrange for and implement the use of crossing guards to assist its employees and visitors to cross N. McLean Boulevard. The use of such crossing guards shall be in accordance and compliance with any other appliable codes and ordinances. 6. The employees and visitors for the proposed temple shall not use any on-street parking on Heine Avenue. 7. Any event at the proposed temple may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to Recommendation & Findings of Fact Petition 13-23 January 8, 2024 - 17 - compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 8. Any event at the proposed temple may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. Musical concerts or incidental playing of amplified live or recorded music are only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended. 9. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was six (6) yes, zero (0) no, and zero (0) abstentions. One member was absent. Respectfully Submitted, s/ Jay Cox Jay Cox, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission McLean BlvdLawrence A v e Eagle Rd Triggs AveHeine AveSexauer AveClifton AveWeston AveDemmond St Eagle Dr Plymouth Ln Oakley A v eKane AveClifton AveWeston AveAerial/Location Map 0 120 240 360 48060 Feet . Map prepared by City of Elgin Department of Community Development EXHIBIT A Subject Property Petition 13-23 .Zoning Map 0 120 240 360 48060FeetMap prepared by City of E lginDepartment of Communi ty Developme nt McLean BlvdE a g l e R d L a w r e n c e A v eTriggs AveHeine AveSexauer AveWeston AveEagle Dr Demmond St Ply mouth LnKane AveOakley Ave Weston AveRC2 RB CF RC2 MFR RC2 PC F RC1 PMFR PAB CF AB PR C TFR CF RC2 CF PR C EXHIBIT B Lege nd RC1 Residence Conservation 1 RC2 Residence Conservation 2 RC3 Residence Conservation 3 PRC Planned Residence Conse rvation SFR1 Single Family Resid ence 1 PS FR1 Planned Single Family Residence 1 SFR2 Single Family Resid ence 2 PS FR2 Planned Single Family Residence 2 TRF Two Family Residence PTRF Plann ed Two Family Residence MFR Multiple Family Resid ence PMFR Planne d Multiple F amily Re sidence RB Residence Business PRB Planne d Residential Business NB Neighborhood B usiness PNB Planne d Neighborhood Business AB Area Business PAB Plann ed Area Business CC1 Center City 1 CC2 Center City 2 PCC Planned Center City ORI Office Research Industr ial PORI P la nned Office Resear ch Industrial GI General I ndustrial PGI Planned General Industrial CI Com mercial Industrial CF Community F acility PCF P lanned Co mmunity Facility Subject Pr opertyPetition 13-23 !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(0610378177 0610378176 0610378175 0610378158 0610378 155 0610 378154 0610 378156 0610378 153 McLean BlvdPlymouth Ln Heine AveDemmond St ¯Parcel MapEXHBIIT C City of ElginDepartment of C ommunity Dev elopment 0 30 60 90 12015Feet Sub ject Property462 N. McLean Blvd.Petition 13-23 Bird’s eye view looking north Bird’s eye view looking west 1 EXHIBIT D SITE LOCATION 462 N. McLean Boulevard Petition 13-23 View of the property from Mclean Blvd. 2 The subject building at 462 N. McLean Blvd. EXHIBIT D SITE LOCATION 462 N. McLean Boulevard Petition 13-23 View of the western portion of the subject property 3 View of the 452 N. McLean Blvd. property EXHIBIT D SITE LOCATION 462 N. McLean Boulevard Petition 13-23