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HomeMy WebLinkAboutG69-02 Ordinance No. G69-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT OF A CHURCH NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (660 Villa Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of an addition to an existing nursing and personal care facility in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 660 Villa Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval ; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : eft Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 4 , 2002 , made by the Zoning and Subdivision Hearing Board, 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 planned development which will allow for the establishment of a church in the NB Neighborhood Business District and the ARC Arterial Road Corridor Overlay District at 660 Villa Street and legally described as follows : THAT PART OF LOT 52 OF P .J. KIMBALL, JR' S . SECOND ADDITION TO ELGIN, DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE WEST LINE OF DOUGLAS AVENUE WITH THE NORTH LINE OF KIMBALL STREET; THENCE NORTH ALONG SAID WEST LINE OF DOUGLAS AVENUE 77 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF KIMBALL STREET 134 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF DOUGLAS AVENUE 40 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE OF KIMBALL STREET 66 . 4 FEET TO THE WEST LINE OF SAID LOT 52 ; THENCE SOUTH ALONG SAID WEST LINE 117 FEET TO THE NORTH LINE OF KIMBALL STREET; THENCE EAST ALONG SAID NORTH LINE OF KIMBALL STREET 200 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance submitted by Guillermo Mendoza, undated. 2 . Substantial conformance to the Site Plan, prepared by the Community Development Group, dated August 28, 2002 . 3 . Substantial Conformance to the Preliminary Landscape Plan, prepared by the Community Development Group, and dated September 13 , 2002 . 4 . The existing gravel parking lot shall be improved with a paved parking lot developed in substantial conformance with the site plan within one year of the issuance of a certificate of occupancy. 5 . The maximum occupancy for any one service shall be no more than 64 patrons and 2 employees . 6 . The applicant shall provide landscaping and/or fencing to provide a visual and acoustic buffer from the property to the north in conformance with the Preliminary Landscape Plan. Compliance with this condition is required within one year of the issuance of a certificate of occupancy. 7 . Substantial conformance with the Building Elevations for Petition 45-02 , prepared by the Community Development Group. 8 . Substantial conformance with the Freestanding Sign Elevation, submitted by Guillermo Mendoza, and dated September 19, 2002 . 9 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. i's-icapeZ ""� Ed Cc ock, Mayor Presented: October 9, 2002 eft Passed: October 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: October 10, 2002 Published: Attest : Dolonna Mecum, City Clerk eift r (lb* September 4,2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 45-02 Requesting a Conditional Use for a Planned Development to Permit the Establishment of a Church in the NB Neighborhood Business District and the ARC Arterial Road Corridor District; Property Located at 660 Villa Street by Guillermo Mendoza, as Applicant, and Mission Apostolica, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: ARC Arterial Road Corridor District NB Neighborhood Business District rk. Intended Use: Church Property Location: 660 Villa Street Applicant: Guillermo Mendoza Owner: Mission Apostolica Staff Coordinator: Lauren Kieck, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Site Photographs (see attached) F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 BACKGROUND An application has been filed by Guillermo Mendoza, requesting a conditional use for a planned development in the NB Neighborhood Business District and the ARC Arterial Road Corridor District. The subject property is located at 660 Villa Street (reference Exhibits A,B, C, D and E). The applicant purchased the property with the intent of establishing a church. Churches are not a permitted use in the NB Neighborhood Business District. Accordingly, the applicant is requesting approval of a conditional use for a planned development to permit the establishment of a church at the subject property. In exchange for the granting of the requested conditional use, the applicant has agreed to replace the existing gravel parking area with a new conforming parking lot within12 months of approval (reference Exhibits F and G). The purpose of the provisions which permit planned developments as a conditional use is to provide the ultimate element of flexibility in the zoning ordinance. Under these provisions, an applicant can literally request anything for the consideration of the Zoning Board and the City Council. Accordingly, each request made under these provisions should be highly scrutinized with respect to the standards for planned developments. GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 45-02 on September 4, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing and no written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated August 23, 2002. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned development: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development, with respect to its size, shape and any existing improvements. Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is an irregularly shaped property containing 25,239 square feet of lot area. The property is improved with a commercial building and both gravel and paved vehicle use areas. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings: The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property is served with municipal water, sanitary sewer, and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 proposed planned development with respect to the traffic and parking standard. The subject property is at the intersection of Villa Street and Illinois Street. Villa Street is an arterial street serving the east side of Elgin. Illinois Street is a local street serving the surrounding neighborhood. For the first year of occupancy, the church would comply with the required number of off street parking stalls, although on a nonconforming gravel surface. Within one year of occupancy, paved off street parking will be provided in conformance with the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the proposed planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: D Commercial District 1962: B-1 Retail Business District 1992: B-1 Retail Business District Present: NB Neighborhood Business District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 Findings: The subject property may be suitable for the proposed planned development with respect to the surrounding land use and zoning standard. The area to the north of the subject property is zoned CF Community Facility District and is developed with residential land uses. The area to the south, east and west are zoned NB Neighborhood Business District. A furniture store is located directly south of the subject property. Directly west of the site is a gas station, and a two family dwelling is directly east. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. The subject property is located on the edge of an established neighborhood business center providing convenience goods and services to the surrounding residential neighborhoods. G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. While not a permitted use within the NB zoning district, churches should be located on the periphery of a neighborhood, so as to not draw traffic into the neighborhood. Accordingly, the location of a church at the subject property is appropriate. Additionally, the church has agreed to provide an improved parking area for the site within one year of this approval. H. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with 4 • Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 respect to conformance to the provisions for the purpose and intent of planned developments. 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. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use, the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development. Conditions regarding the site design and function of the church will be imposed on the proposed planned development. The church will be limited to a maximum congregation size of 64 patrons during any one service so as to ensure that there is adequate parking on site to serve the church's patrons. Additionally, the applicant has agreed to provide a paved parking lot within one year of approval. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the comprehensive plan standard. The subject property is designated as a "Neighborhood Center" by the Official Comprehensive Plan of Elgin (1983). This designation represents those areas of the city designated as appropriate areas for businesses providing daily convenience goods and services. The proposed church is appropriate for this designation. J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the preservation of all significant natural features including topography,watercourses, wetlands, and vegetation. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 Findings: The subject property is suitable for the proposed planned development with regard to the natural preservation standard. Other than some existing vegetation located along the property lines of the subject property, there are no significant natural features worthy of preservation. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a 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 proposed planned development with regard to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings,unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. Conditions regarding the site design and function of the church will be imposed on the proposed planned development. The church will be limited to a maximum congregation size of 64 patrons during any one service so as to ensure that there is adequate parking on site to serve the church's patrons. Additionally, the applicant has agreed to provide a paved parking lot within one year of approval. 2. Zoning District. 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. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 45-02 September 4, 2002 RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends approval of Petition 45- 02. On a motion to recommend approval of Petition 45-02, subject to the following conditions,the vote was six(6)yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Guillermo Mendoza, undated. 2. Substantial conformance to the Site Plan, prepared by the Community Development Group, dated August 28, 2002. 3. The existing gravel parking lot shall'be improved with a paved parking lot developed in substantial conformance with the site plan. 4. The maximum occupancy for any one service shall be no more than 64 patrons and 2 employees. 5. The applicant shall provide landscaping and/or fencing to provide a visual and acoustic buffer from the property to the north. 6. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 45-02 was adopted. 2/€4'e Robert Langlois, Chai Ian Zoning and Subdivision Hearing Board David Sundland, Secr t Zoning and Subdivision Hearing Board 7