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Home My WebLink AboutG13-16 Tabled Ordinance No. G13-16 TABLED AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHURCH IN THE AB AREA BUSINESS DISTRICT (75 Market Street, Suite 20) WHEREAS, written application has been made for a conditional use at 75 Market Street, Suite 20; and WHEREAS, the zoning lot with the building containing the premises at 75 Market Street is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the AB Area Business District and a church is a listed conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on February 1, 2016, following due notice 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 AB Area Business 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 February 1, 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 church is hereby granted for the property commonly known as 75 Market Street, Suite 20, commonly identified by Kane County Property Identification Number(PIN) 06-15-304-021, and legally described as follows: Lot 3 of Elgin West Subdivision, City of Elgin, Kane County, Illinois. Commonly Known as 75 Market Street, Elgin, Illinois Parcel no. 06-15-304-021 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 Elgin West Foursquare Church as applicant, and consisting of the following exhibits: a. Statement Purpose and Conformance prepared by Pastor Richard Omorodion of Elgin West Foursquare Church dated received on December 8, 2015. b. Corporate Bylaws of the International Church of the Foursquare Gospel, 2013 Edition, dated May 30, 2013. c. Letter from David Schmidt of RealtyMetrix, representative and agent of the owner, dated December 9, 2015, providing the consent of the property owner. 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 church shall be restricted to Suite 20 located within the property at 75 Market Street. 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. TABLED David J. Kaptain, Mayor Presented: TABLED Passed: TABLED Vote: Yeas: 9 Nays: 0 Recorded: TABLED Published: TABLED Attest: TABLED Kimberly Dewis, City Clerk - 2 - February 1, 2016 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS SUBJECT Recommendation and findings of fact for Petition 27-15, an application by International Church of the Foursquare Gospel — Light Chapel of South Elgin Illinois as applicant, and 75 Market Street LLC, as owner to establish a church to be known as Elgin West Foursquare Church at the property located at 75 Market Street, Suite 20, located within the AB Area Business District. GENERAL INFORMATION Petition Number: 27-15 Requested Action: Approval of a Conditional Use Current Zoning: AB Area Business District Existing Use: Two story commercial building Property Location: 75 Market Street, Suite 20 Applicant: Elgin West Foursquare Church Owner: 75 Market Street LLC Staff Coordinator: Sarosh Saher, AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft Conditional Use Ordinance Exhibit A Findings of Fact Petition 27-15 February 1, 2016 BACKGROUND Elgin West Foursquare Church requests conditional use approval to establish a church within one of the tenant spaces at the "Market Plaza" commercial center. The center is located on the west side of Elgin, immediately behind and north of the Jewel-Osco grocery store on Larkin Avenue. The church is requesting to use the approximately 1,600 square feet within Suite 20 of the shopping center for services on Sundays between 9:00 a.m. and 1:00 p.m. and Wednesdays after 7:00 p.m. The present size of the congregation is 30 members. The request is for the temporary location and operation of the church at this location until a permanent space is found. No changes to the building or floor plan are currently proposed. The land use is classified as a conditional use within the AB Areas Business District and as such requires approval through a public hearing process of the Planning & Zoning Commission and final approval of the city council. The Community Development Department offers the following additional information: A. Zoning History. The subject property was annexed to the city in 1962 as part of the Burnidge-Baier Annexation under Ordinance S-683 and was classified as B3 Service Business District. In 1992, the property was classified within the AB Area Business District as part of a comprehensive amendment to the zoning ordinance. The two-story building that comprises the Market Plaza Commercial Center was built in 1978. The center has since been occupied primarily with land uses related to finance, insurance, real estate, legal and medical services. Suite 20 was most recently occupied by a computer repair and service company and is currently vacant. B. Surrounding Land Use and Zoning. The areas to the south and west are zoned AB Area Business District. The properties to the west are developed with similar office and service uses and the property to the south is developed with the Jewel-Osco Grocery store. The area to the north is zoned MFR Multiple Family Residence District and developed with two-story apartment dwellings. The property to the east is zoned CF Community Facility District and is developed with a skilled nursing and memory care facility known as Riverview Rehab Center. C. Trend of Development. The subject property is located within an area that has developed with a mix of commercial, service, institutional and residential uses that are part of development of the Larkin Avenue corridor. D. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that, Areas designated Highway Commercial typically serve 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 2 Findings of Fact Petition 27-15 February 1, 2016 highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. E. 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 1 center city district. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 27-15 on February 1, 2016. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning &Zoning Commission dated February 1, 2016. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use as 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 proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject of this conditional use, Suite 20, is part of a zoning lot addressed as 75 Market Street. The site is approximately 78,097 square feet in land area(1.8 acres) and is improved with an approximately 30,090 square foot two-story "L"-shaped commercial building constructed in masonry and containing 26 tenant spaces ranging in floor area from 1,000 to 12,500 square feet. Suite 20 has a floor area of approximately 1,600 square feet and is located at the northeast corner of 2nd floor of the building. Site improvements consist of a parking lot and paved areas in front of and surrounding the building. Vehicle use area landscaping is provided on the periphery of the parking lot and driveways, and in the islands at the end of parking aisles. 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. 3 Findings of Fact Petition 27-15 February 1, 2016 Findings. The conditional use meets the sewer and water standard as the subject property is currently served by municipal water, sanitary sewer and storm water systems. 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 proposed use meets the traffic and parking standard. The property has frontage on Market Street, which is a local street providing access to the various businesses along that street. Access to the property is provided at two locations along the south lot line with frontage along Market Street. Each unit or suite is provided with its own access to the exterior by means of an arcade at ground level or a balcony at second floor level. Suite 20 is also provided with a secondary access to the rear by means of a door leading to an enclosed lobby. Shared parking is provided in conformance with the requirements of the zoning ordinance. The property is currently designed with 105 parking stalls of which five are accessible spaces. A majority of the parking spaces are located at the front and west of the building and are designed as traditional perpendicular parking spaces. The spaces located at the rear of the building and designated as employee parking are designed as angled and parallel parking spaces. The subject land use for the use of the church requires approximately 50 shared parking spaces for services on Sunday afternoons and Wednesday evenings, and will not interfere with the peak hours of the remaining commercial businesses within the center. 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 conditional use meets the location, design, and operation standard. 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 church proposes to operate on Sundays between 9:00 a.m. and 1:00 p.m. and Wednesdays after 7:00 p.m. The present size of the congregation is 30 members. Even though the current request is for the temporary location and operation of the church at this location, the location design and operation has been fully evaluated and found suitable to occupy the premises. 4 Findings of Fact Petition 27-15 February 1, 2016 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 as 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 recommends approval of Petition 27-15, subject to conditions. The Planning & Zoning Commission concurs with the Community Development Department and recommends approval of Petition 27-15 subject to conditions. On a motion to recommend approval, subject to the conditions outlined by the Community Development Department the vote was six (6) yes and zero(0) no. The conditions for approval voted on by the Planning&Zoning Commission are: 1. Substantial conformance to the Development Application and Attachments, submitted by Elgin West Foursquare Church as applicant, and consisting of the following exhibits: a. Statement Purpose and Conformance prepared by Pastor Richard Omorodion of Elgin West Foursquare Church dated received on December 8, 2015. b. Corporate Bylaws of the International Church of the Foursquare Gospel, 2013 Edition, dated May 30, 2013. c. Letter from David Schmidt of RealtyMetrix, representative and agent of the owner, dated December 9,2015, providing the consent of the property owner. 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 church shall be restricted to Suite 20 located within the property at 75 Market Street. 3. Compliance with all applicable codes and ordinances. 5 Findings of Fact Petition 27-15 February 1, 2016 Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom,Chairman Planning&Zoning Commission s/Sarosh Saher Sarosh B. Saher, AICP, Secretary Planning&Zoning Commission 6 sic.... , .•. k Easy St I Ht-q' a li .. it AIWA " iy I . " ComntryolL - o Ak:131 � ®1„ 1... <°: �� Subject Property _III!"- 0 MIMI Petition 27-15 Lor Ln On J- • L :I '1� � i I I � � IlliiiiiL II 1111MIL , 110‘,,,..S Ii01 -______ ... o • Ma�leLn � a+ ii! . � � � �- �' r4i------ iiiaill.. . , ..•„,, ,, . ,. .. •rijo_s_epailorK-et.t,s,:t.._ . v _____.___:...____ . . ___ _________ , • y —. ® , .. ,„,f ... OA Sr : ., ._ fr. .. ..........._7_ • 0 j :, , irf ii, 1 . ,. . , r ”41111106.67711111 itn Illi d ,;‘, . . , . „....2 - MI • ... •••• _ ___:_ ... .... % ot 41IL iiiii ... .... . ___---------' 40.0#114. so .., .'-iti ••••• 0:„-.! _--- -..... . __ :. _,.. .. m ♦ip• o<-s, ., , 4 , ...1 IA.,,...4 ,„,_40, :,. , ...... a 4*-A.k. 47* . ... 111=1-111I 111111/La 7 (-- . EXHIBIT Aerial/Location Map N W- or-E S Map prepared by City of Elgin 0 80 160 320 480 saFeet Department of Community Development MI ■ RI i''''II i r CF TFR t �� • RCI ii . R MI Mia II 1111.1111 �C i PRC 11.?i,n,11.......aj...:".1..i lift r J aa. ��- 1/ TFR SFR1 �, iC��...�., •�bfIS PrIPP ` PRC -ii• �t� ..�_ �►7 t=ai1 aasir/� •! •i 404* 10/ _,ass A7or.., �� RC2.... k,. al 1111111 111 11 .1 TIM iIIIIIIft 11� I 4 Subject Property li A r ill Petition 27-15 41 i' •tim PIO. RB vino soiI ivi1iiitti.. Aid PCF � 0 i.tt11111111111116 iill1111. i�" pm :u"i ' fi!$1 �t��t��t�S ittttt■ �� iiit�� m ; 1$iIIThuhh11 NLegend 4111PCF ORC1 Residence Conservation 1 11,11' RC2 Residence Conservation 2 PI .�,�RC3 Resitlence Conservation 3 !lji�' �� OPRC Planned Residence Conservation .il0I.0 O SFR1 Single Family Residence 1 - 1111111 '' OPSFR1 Planned Single Family Residence 1 D4 ,r r 1 OSFR2 Single Family Residence 2 OPSFR2 Planned Single Family Residence 2 g1111'TRF Two Family Residence PTRF Planned Two Family Residence AB MFR Multiple Family Residence ,' �'' ' PMFR Planned urieMultiple Family Residence ; ,' = RB Residence Business PRB Planned Residential Business 11111.1111 =MFR ,,,,�, �,/ NB Neighborhood Business - MI PNB Planned Neighborhood Business - - =- 4 , 111', . -AB Area Business • , 11$ PAB Planned Area Business - MI"' gE - * RC1 ' . E mi CC1 Center City 1 1_ !! I •.'/ - MI CC2 Center City 2 -_� . • ,- - PCC Planned Center City -� .• .� -ORI Office Research Industrial - l =l '',,moi= == U IM PORI Planned Office Research Industnal ++JJ�� -GI General Industrial MI Cg 11.1 -= h.,iii _=i„ -=PGI Planned General IndustrialIIIII MI Ms `..L �� RI . ►XVII- -a Cl Commeraal Industrial �� -CF Community Faality _ _EM _�� ..mi,=� ' `�� - -PCF Planned Community Facility ,1111. _ M1= `� pip __ -FRP Fox River Preservation -1 , Mai., • , TFR . �. _im ,m #A,TFR EXHIBIT Zoning Map N W Ay" E s Map prepared by City of Elgin 0 145 290 580 870 1,160 Department of Community Development Feet 111111 111111ftaftr II Maple �n Subject �5 Marke PrOpert Petit t St• Unity 111 on 2�,�5 20 IIE 061530402' / 1 / v EXHBIIT C it De artel9t n Par Larkin Ave nt of Community cel Map Development iv 0 30A 60 120 180 240 Feet SITE LOCATION EXHIBIT: D 75 Market Street Petition 27-15 r - 111 .., . ' \w . 11 ' . glig ' ' .441...1°' '''. .1n%‘ 14 7. n 14 1 ' .. " t\ ~` • :.: 4 .. - .‘ . . -..r... " - Subject Property .. i slim Om. 'I 1. 1.01 BA IAA I al t _a z.ti VP 111111011111111141111 --_, 4 I g 11.,11 • ,, • ''I;`"••• A t ` . Aerial View from West SITE LOCATION EXHIBIT: D 75 Market Street Petition 27-15 ti ._ - -_.",1-1... .._.-. 11ift..z.::et_- "Liii --N- IIIII - -,,i,,- 041111,*-4•.-- View of Property from View of Parking Lot from Market Street Building , -- 1 ire.4 '' J.:- 11:, . mau.- --‘1,1-1tioi ,,- . ,... View looking West from View looking East from Property Property SITE LOCATION EXHIBIT: D 75 Market Street Petition 27-15 Suite 20 yi - 1111r* lv -11 J View of Property looking View of Rear along East Lot towards Suite 2 Line a II ...Pl. I a r y Entrance to Suite 2 Rear Entrance to Suite 2