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HomeMy WebLinkAboutG16-85 Ordinance No. G16-85 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A CHURCH (Lutheran Church of Our Savior) WHEREAS, the territory herein described has been annexed to the City of Elgin pursuant to the terms of an annexation agreement between the City of Elgin and the owners of record of said territory; and WHEREAS, the annexation agreement concerning said territory provides that the City of Elgin shall proceed to classify the territory in accordance with its terms; and WHEREAS, all required public hearings have been conducted and all notices required to be given by law have been given; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the B-3 Service Business District, the following described property: Parcel 1: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, Township 41 North, Range 9; thence North 88 degrees 38 minutes East 916.73 feet for the place of beginning; thence North 02 degrees 45 minutes East 517.88 feet to the Southerly right of way of State Route 58; thence South 88 degrees 49 minutes East along said right of way line, 190.0 feet; thence South 02 degrees 45 minutes West 510.41 feet to North Line of Parkwood, Unit No. I according to the Plat recorded as Document 21330815; thence South 88 degrees 38 minutes West along said North Line 190.39 feet to the place of beginning in Cook County, Illinois. Parcel 2: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, 4111) Township 41 North, Range 9; thence North 88 degrees 38 minutes East 916.73 feet for the place of beginning; thence North 2 degrees 45 minutes East 517.88 feet to the Southerly right of way of State Route 58; thence North 88 degrees 49 minutes West along said right of way line 224.17 feet to the Easterly right of way line of Waverly Drive as dedicated by Docu- ment No. 21330211; thence South 2 degrees 45 minutes West 527.28 feet along said Easterly right of way line to the North line of Parkwood Unit No. I according to the Plat recorded as Document 21330815; thence North 88 degrees 38 minutes East along said North line 224.66 feet to the point of beginning in Cook County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 3. That a special use permit for the development and use of the subject property as a church is hereby granted subject to the terms and conditions of the agree- ment for the annexation of the property described by and between the City of Elgin and the owners of record, a copy of which has been filed with the City Clerk. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Passed: February 1 1 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk I "" December 3, 1984 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE CCMMIISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 48-84 Requesting Annexation, B-3 Service Business District Zoning and a B-3 Special Use for a Church, property located at 1001 and 1015 Summit Street by the Lutheran Church of Our Savior, the Mission Board of the English District of the Lutheran Church-Missouri Synod, and David S. Hemmer, M.D. II. CONSIDERATIONS A petition has been filed by the Lutheran Church of Our Savior and the district with which it is affiliated, and Dr. David S. Hemmer that requests annexation, B-3 Service Business District zoning and a B-3 special use for a church. The subject property is located at 1001 and 1015 Summit Street. The Lutheran Church of Our Savior is located at 1001 Summit Street and requests that the special use for a church be granted upon annexation in recognition of their existing facility. Dr. Hemmer has a contract to purchase the property located at 1015 Summit Street from the church and proposes to construct a medical office building. III. FINDINGS AND RECCMENDATION After due notice, as required by law, the Land Use Committee held a public hearing on the proposed annexation, zoning and special use for a church on November 19, 1984. The petitioners appeared at the hearing and presented documentary evidence. No objectors appeared and no written objection has been filed to the proposed annexation, zoning and special use. A majority of the Land Use Committee has made the following findings with respect to the requested annexation, zoning, and special use: A. Site Characteristics: The subject property is approximately 4.9 acres. The westerly parcel is approximately 2.7 acres and is improved with church and associated off-street parking. The easterly parcel is approximately 2.2 acres and is unimproved. Elevations range from approximtely 786 feet in the northwest portion of the subject property to 796 feet in the southeast portion for a maximum relief of 10 feet. B. Zoning History: The subject property is zoned Cook County R-5 Single Family Residence District. Exhibit A oft Findings of Fact Petition 48-84 December 3, 1984 Page Two FINDINGS AND RECOM4ENDATION (Cont'd) C. Surrounding Land Use and Zoning: The area located to the north of the sub- ject property is zoned B-3 and is developed with a bank facility. The area located to the west of the subject property is zoned R-2 and B-3, and is developed with residences. The areas located to the south and east of the subject property are zoned R-2 and Cook County residential and are improved with residences. D. Trend of Development: The trend of development in the area of the subject property is towards commercial and office use. The most recent developments have been the construction of True Value Plaza, and the rezoning of the properties to the east of the subject property and fronting on Summit Street to B-3. E. Comprehensive Plan: The following is a summary of the relevant findings and policies of the comprehensive plan: fir•. 1. The manner in which the city expands and develops has a direct impact on community affordability. A basic objective of the land use plan is to establish a pattern of development along the periphery of the city that is compatible, complementary and beneficial to the city and its future growth requirements. Accordingly, in order to effectuate efficient and orderly growth for the community, it is a recommended policy that "growth through expan- sion" should only be allowed on the basis that it is contiguous to built-up areas of the city. 2. The land use proposals portrayed on the land use plan map represent certain opportunities and objectives for the future development of the city. The commercial land use category identifies existing and some future commercial areas by function. The area in which the subject property is located is identified as an "area center" on the land use plan map. Area centers serve a section of the city, e.g. a group of neighborhoods. These commercial areas are typically located at the juncture of two or more transportation corridors or as a commercial node along a corridor. F. Additional Conditions: The Land Use Committee is of the opinion that approval of Petition 48-84 should be subject to the following conditions: A. General Conditions 1. Revisions to the annexation agreement per the Engineering Division and the Legal Department. 2. The property located at 1001 Summit Street is to be limited • • - Findings of Fact . Petition 48-84 December 3, 1984 Page Three rk FINDINGS AND RECOMMENDATION RATION (Cont'd) . to two (2) points of access on Waverly Drive and no access on Summit Street. 3. The property located at 1015 Summit Street is to be limited to one (1) point of access on Summit Street. B. Special Use Conditions 1. Compliance with the off-street parking ordinance. 2. Compliance with all other applicable codes and ordinances. In summary, a majority of the committee has found that in view of the surrounding land use and zoning, the trend of development in the area and conformance to the comprehensive plan, the proposed annexation and zoning is not only suitable, but represents an economic development opportunity for the city. In that the church has been in existence for a number of years with no _ apparent detriment to neighboring properties or the public health, safety and welfare in general, the committee recommends that the church be granted a special use as required by the zoning ordinance. Accordingly, on a motion to recommend approval of Petition 48-84, subject to the additional conditions, the vote was five (5) yes and one (1) no. Therefore, the Land Use Committee recommends the approval of Petition 48-84.lb-41/5 cLQ ., Roy A 11, Chairman Elgin Land Use Committee Planning and Land Use Commission r d T. Deering, Secreta Land Use Committee Planning and Land Use Commission