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HomeMy WebLinkAboutG1-97 Ordinance No. G1-97 AN ORDINANCE RECLASSIFYING PROPERTY AT 279-305 ANN STREET AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT (CHURCH AND ACCESSORY OFF STREET PARKING LOT) WHEREAS, written application has been made to reclassify certain property located at 279-305 Ann Street from RC3 Residence Conservation District to CF Community Facility District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a conditional use for a planned development ( for a church and accessory off street parking lot) be granted; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations . 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 made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . 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 hereinafter laid out in the ' Zoning District Map' , as amended, be and are hereby altered by excluding from the RC3 Residence Conservation District and including in the CF Community Facility District, the following described property: THAT PART OF LOT 2 IN BLOCK 4 OF P.J. KIMBALL JR. 'S THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT, 54 . 85 FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 132 FEET OF SAID LOT, 62 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH 132 FEET OF SAID LOT; THENCE WESTERLY ON THE SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF THE NORTH 132 FEET OF SAID LOT; THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT, 132 FEET TO THE POINT OF .4 • ° BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. " Section 3 . That a conditional use for a planned development (church and accessory off street parking lot) at 279-305 Ann Street and legally described as follows : PARCEL ONE: THAT PART OF LOT 2 IN BLOCK 4 OF P.J. KIMBALL JR. ' S THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT, 54 . 85 FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 132 FEET OF SAID LOT, 62 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH 132 FEET OF SAID LOT; THENCE WESTERLY ON THE SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF THE NORTH 132 FEET OF SAID LOT; THENCE NORTHERLY ON THE WESTERLY LINE OF SAID LOT, 132 FEET TO THE POINT OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . and PARCEL TWO: THAT PART OF LOT 2 IN BLOCK 4 OF P.J. KIMBALL JR' S. THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID LOT 2 (BEING ALSO THE SOUTH LINE OF ANN STREET) AT A POINT WHICH IS 4 . 70 CHAINS WEST OF THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH PARALLEL WITH THE EAST LINE OF CENTER STREET, 120 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 2, TO THE EAST LINE OF LANDS SOLD BY ROBERT S. TICKNOR AND CATHERINE L. TICKNOR, HIS WIFE, TO AMOS HALL BY DEED DATED DECEMBER 24, 1879; THENCE NORTH PARALLEL WITH THE EAST LINE OF CENTER STREET AFORESAID, 120 FEET TO THE NORTH LINE OF SAID LOT 2 (AND SOUTH LINE OF ANN STREET) ; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 2 (AND SOUTH LINE OF ANN STREET) TO THE POINT OF BEGINNING; AND THAT PART OF LOT 2 IN BLOCK 4 OF P.J. KIMBALL JR. ' S THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 54 . 85 FEET FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH LINE TO A POINT 4 . 70 CHAINS WEST OF THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH PARALLEL WITH THE EAST LINE OF CENTER STREET 120 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A POINT 78 FEET EAST OF THE WEST LINE OF SAID LOT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT TO THE SOUTH LINE OF THE NORTH 132 FEET OF SAID LOT; THENCE WEST ALONG SAID SOUTH LINE TO A POINT 62 FEET EAST OF SAID WEST LINE; THENCE NORTHERLY TO THE POINT OF BEGINNING, (EXCEPT THAT PART LYING EAST OF A LINE DRAWN SOUTH, PARALLEL WITH THE EAST LINE OF CENTER STREET, FROM A POINT OF THE NORTH LINE OF SAID LOT WHICH IS 78 FEET EAST OF THE NORTHWEST CORNER THEREOF AND ALSO EXCEPT THAT PART LYING SOUTH OF A LINE DRAWN PARALLEL WITH AND 120 FEET SOUTH OF, AS MEASURED ALONG A LINE PARALLEL WITH THE EAST LINE OF CENTER STREET, THE NORTH LINE OF SAID LOT) ; ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions : 1 . Substantial compliance with the site plan, prepared by Bleck and Bleck Architects, dated April 16, 1996, revised June 20, 1996 . 2 . Substantial compliance with the upper level and lower level floor plans, prepared by Bleck and Bleck Architects, dated April 16 , 1996, revised June 20, 1996 . 3 . Substantial compliance with the petitioner' s statement of purpose and conformance. 4 . Substantial compliance with the phasing plan, prepared by Steffen, Kelly, and Steffen, Attorneys at Law, as follows : Within 90 days of City Council approval of ordinances rezoning the subject property and granting the conditional use for a planned development, the residence at 279 Ann Street shall be demolished. All debris shall be removed and the lot shall be graded and seeded or sodded. Within 36 months of City Council approval of ordinances rezoning the subject property and granting the conditional use for a planned development, the subject property shall be redeveloped in accordance with the site plan, floor plan, and petitioner' s statement of purpose and conformance. 5 . Substantial compliance with the parking lot landscaping requirements contained within Title 19, Zoning, of the Elgin Municipal Code. 6 . Compliance with all applicable codes and ordinances . Section 4 . That the conditional use granted herein shall expire if not established in compliance with the aforementioned phasing plan. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. z:i: Kevin Kelly, May r Presented: January 8, 1997 Passed: January 8, 1997 Omnibus Vote: Yeas 7 Nays 0 Recorded: January 9, 1997 Published: Attest: : (7r7, „k% 1-1-- Dolonna Mecum, City Clerk November 18, 1996 FINDINGS OF FACT PLANNING AND DEVELOPMENT COMMISSION CITY OF ELGIN I . SUBJECT Petition 63-96 Requesting Rezoning from RC3 Residence Conservation District to CF Community Facility District, and Conditional Use Approval for a Planned Development; Property Located at 279-305 Ann Street; by Progressive Baptist Church, as Applicant and Progressive Baptist Church and Neighborhood Housing Services, as Owners . II . CONSIDERATIONS A petition has been filed by Progressive Baptist Church requesting a rezoning and conditional use approval for a planned development. The subject property is located at 279-305 Ann Street. The subject property is currently developed with a residence (279 Ann Street) and a church with accessory seven stall gravel parking lot ( 305 Ann Street) . The k residential parcel is currently zoned RC3 Residence Conservation District, and the church parcel is currently zoned CF Community Facility District. The petitioner is seeking the rezoning of the RC3 District Parcel to CF Community Facility District, and approval of a conditional use for a planned development for the entire subject property. The petitioner proposes to demolish the existing residence at 279 Ann Street. In the future, the entire subject property would be redeveloped with a church expansion and off street parking lot. In addition to conducting church services, the petitioner currently feeds the hungry, offers tutoring programs for youth, and donates food baskets and clothing for the needy. The petitioner' s future plans include a food pantry, training and development programs for neighborhood youth ( i . e. tutoring in the areas of math, English, science, computer literacy, etc . ) and programs for neighborhood senior citizens . Exhibit A • III . FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing on Petition 63-96 on November 4 , 1996 and November 18, 1996 . The petitioner testified at the public hearing. Proponents of the petition testified at the public hearing, but objectors to the petition did not testify at the public hearing. Written correspondence in support of the petition has been submitted, but written correspondence in objection to the petition has not been submitted. A Petition Review was submitted by the Planning Department, which neither recommended approval nor denial of Petition 63-96 . This Petition Review, along with the exhibits attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof . The Planning and Development Commission has made the following findings with respect to Petition 63-96 : A. Site Characteristics ruk The subject property is an irregularly shaped parcel containing approximately 16, 104 square feet. The subject property consists of two parcels, commonly known as 279 and 305 Ann Street. The 279 Ann Street parcel is developed with a single family residence. The 305 Ann Street parcel is developed with a church and accessory seven stall gravel parking lot. B. Sewer and Water The subject property is currently served with municipal sewer and water. The proposed rezoning and conditional use for a planned development will not impact the provision of sewer and water service to the subject property. C. Traffic and Parking Redevelopment of the subject property will require compliance with the provision of the Off Street Parking Ordinance. Currently there exists a seven space gravel parking lot which serves the church. The petitioner proposes to construct a 26 stall parking lot, as part of future redevelopment of the subject property. The proposed 26 stall parking lot departs Page 2 FOFPET63 . 96/PZTEXT/3000DV. SV/3200PD.PC/3230MP.AM/3230MAP. 96/PET63 . 96 • from the standard off street parking requirements (see Item I, Departures) . D. Zoning History 1928 B Residential 1950 C Residential 1960 C Residential 1961 C Residential 1962 R-5 General Residence District 1992 R-4 General Residence District Present RC3 Residence Conservation District (279 Ann Street) and CF Community Facility District ( 305 Ann Street) E. Zoning Status The subject property is currently developed with a residence ( 279 Ann Street) and a church ( 305 Ann Street) . Single family residences and original residential uses are permitted in the RC3 District and churches are permitted in the CF District. The entire subject property may be used as a church, as proposed if the rezoning from RC3 District to CF District and the conditional use for a planned development are approved. F. Surrounding Land Use and Zoning The area located to the north of the subject property is zoned RC3 Residence Conservation District and is developed with residential uses . The area located to the east of the subject property is zoned RC3 District, and is developed with residences . The area located to the south of the subject property is zoned RC3 District and CF District and is developed with residences and a church (Mission Apostolica) . The area located to the west of the subject property is zoned RC3 District and is developed with residences . G. Trend of Development The subject property is located in P.J. Kimball Jr' s . Third Addition to Elgin, an older Elgin subdivision. The subdivision has developed with residences and churches . Page 3 FOFPET63 . 96/PZTEXT/3000DV.SV/3200PD. PC/3230MP.AM/3230MAP. 96/PET63 . 96 H. Comprehensive Plan The subject property is designated as urban residential in the Official Comprehensive Plan. I . Departures The petitioner proposes the following departures from the standard requirements of the Zoning Ordinance: 1 . Building Street Setback: The Zoning Ordinance requires the provision of a minimum 25 foot street building setback. The existing church is setback eight feet from the street lot line. This eight foot setback is considered to be nonconforming. As part of the church expansion, the petitioner proposes to extend the existing nonconforming building street setback farther west, maintaining the existing eight foot setback. The proposed extension of the nonconforming building setback does not create a greater departure than currently exists, but is, none the less, a departure from the requirements of the Zoning Ordinance. 2 . Building Transition Setback - East Property Line: The Zoning Ordinance requires the provision of a 50 foot building transition setback along the east property line. The existing church is setback five feet from the easterly transition lot line. This five foot setback is considered to be nonconforming. As part of the church expansion, the petitioner proposes to extend the existing nonconforming building transition setback farther south, maintaining the existing five foot setback. The proposed extension of the nonconforming building setback does not create a greater departure than currently exists, but is, none the less, a departure from the requirements of the Zoning Ordinance. 3 . Vehicle Use Area Transition Setback - South, East and West Property Lines : The Zoning Ordinance requires the provision of a 25 foot vehicle use area transition setback along those transition lot lines of the subject property which adjoin the RC3 District. The petitioner proposes providing a six foot vehicle use area setback along the south, east and west property lines . Accordingly, the petitioner is departing from the Page 4 FOFPET63 . 96/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP . 96/PET63 . 96 erk requirements of the Zoning Ordinance by 19 feet (a 76 percent departure) . 4 . Required Number of Parking Stalls : The Zoning Ordinance requires the provision of at least one off street parking stall per four seats, plus one stall per employee. For the 139 seat church, with three employees, 38 parking stalls would be required. The petitioner proposes to construct a 26 stall parking lot. This is a 12 stall ( 31 . 59 percent) off street parking departure. The petitioner has not indicated any mitigation to off set these departures . IV. RECOMMENDATION On a motion to recommend approval of Petition 63-96 , subject to the following conditions : 1 . Substantial compliance with the site plan, prepared by Bleck and Bleck Architects, dated April 16, 1996, revised June 20, 1996 . 2 . Substantial compliance with the upper level and lower fek level floor plans, prepared by Bleck and Bleck Architects , dated April 16 , 1996 , revised June 20, 1996 . 3 . Substantial compliance with the petitioner' s statement of purpose and conformance. 4 . Substantial compliance with the phasing plan, prepared by Steffen, Kelly, and Steffen, Attorneys at Law, as follows : Within 90 days of City Council approval of ordinances rezoning the subject property and granting the conditional use for a planned development, the residence at 279 Ann Street shall be demolished. All debris shall be removed and the lot shall be graded and seeded or sodded. Within 36 months of City Council approval of ordinances rezoning the subject property and granting the conditional use for a planned development, the subject property shall be redeveloped in accordance with the site plan, floor plan, and petitioner' s statement of purpose and conformance. Page 5 FOFPET63 . 96/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 96/PET63 . 96 5 . Substantial compliance with the parking lot e'' landscaping requirements contained within Title 19 , Zoning, of the Elgin Municipal Code. 6 . Compliance with all applicable codes and ordinances . the vote was six ( 6 ) yes and zero ( 0) no. Therefore, the motion to recommend approval of Petition 63-96 was adopted. Robert W. Siljestr , Chairman Planning and Development Commission Thomas J. A strong, Secret Planning and Development Commission eft , r Page 6 FOFPET63 . 96/PZTEXT/3000DV. SV/3200PD.PC/3230MP .AM/3230MAP. 96/PET63 . 96