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HomeMy WebLinkAboutG61-05 Ordinance No. G61-05 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN EMERGENCY SHELTER (500 Church Road) WHEREAS,written application has been made for a conditional use for an emergency shelter in the CF Community Facility District at 500 Church Road; 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact dated May 18,2005 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 an emergency shelter in the CF Community Facility District and legally described as follows: Part of the Southwest quarter of Section 34,Township 42 North,Range 8 East of the Third Principal Meridian,described as follows: Commencing at the Southeast corner of the West half the Northwest quarter of said section 34 for the place of beginning; thence South 0 degrees 38 minutes West, 63.05 feet; thence South 88 degrees 34 minutes East, 328.85 Feet; thence South 1.0 degrees 01 minute West, 216.45 feet; thence North 88 degrees 34 minutes West, 690.35 feet; thence North 1 degree 26 minutes East, 268.15 feet to the North line of the Southwest quarter of said section 34;thence South 89 degrees 52 minutes East along said North line,393.02 feet to the place of beginning,containing 4.00 acres in the City of Elgin,Kane County,Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Pat Yauch, dated May 5, 2005. 2. Substantial conformance with the Landscape Planting Plan, View of Entrance, and Floor Plan and East Elevation,prepared by Burnidge Cassell and Associates, dated May 9, 2005, subject to revisions required by the Community Development Group. 3. Obtain easement for maintaining and sharing the existing Messiah Lutheran Church parking lot. 4. Compliance with all other codes and ordinances. rik 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. Ed Schock, Mayor Presented: July 13, 2005 Passed: July 13, 2005 Vote: Yeas: 6 Nays: 1 Recorded: July 14, 2005 Published: Attest: Dolonna Mecum, City Clerk eiwk May 18, 2005 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 28-05 Requesting a Conditional Use in the CF Community Facility District,to Permit the Construction of an Emergency Shelter;Property Located at 500 Church Road, by Public Action to Deliver Shelter(PADS)of Elgin, as Applicant, and Messiah Lutheran Church, ELCA, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CF Community Facility District Existing Use: Open Space Property Location: 500 Church Road r Applicant: Public Action to Deliver Shelter(PADS) of Elgin Owner: Messiah Lutheran Church, ELCA Staff Coordinator: Janice Ward, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) EXHIBIT A • Findings of Fact Zoning and Subdivision Hearing Board Petition 28-05 May 18, 2005 H. Site Plan (see attached) BACKGROUND An application has been filed by PADS of Elgin requesting a Conditional Use in the CF Community Facility District, to permit the construction of an emergency shelter. The property is located at 500 Church Road (see Exhibits A, B, C, D, and E). The applicant proposes to construct the Douglas L. Hoeft Resource Center(Hoeft Center),a 12,000 square foot facility. The Hoeft Center will provide permanent, year-round, overnight emergency shelter and will also offer programs that assist with temporary and permanent housing,food,clothing and employment. The Center will contain dormitory style sleeping rooms for men, women, and children,showers,clothing lockers,laundry facilities,a kitchen,administrative offices,and meeting rooms. During the daytime hours,Wayside Cross Ministries will provide services that include light meals/refreshments, counseling, bible studies and group sessions. Conditional use approval must be granted prior to the establishment of the emergency shelter at the subject property(see Exhibits F, G and H). r FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 28-05 on May 18, 2005. The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors were present and provided testimony. Staff submitted a Conditional Use Review, dated May 10, 2005. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: R2 Single Family Residential District Present: CF Community Facility District B. Surrounding Land Use and Zoning Findings. The subject property is part of a larger parcel that is located on Church Road and Tollgate Road. The western portion of the site is 2 Findings of Fact Zoning and Subdivision Hearing Board rib* Petition 28-05 May 18, 2005 open space and is the proposed location for the Hoeft Center.The remainder of the property is developed with the Messiah Lutheran Church, a parking lot and garage. The subject property borders the Village of West Dundee to the north,a GI General Industrial District to the west and a CF Community Facility District to the south. Specifically, a multifamily housing development, commercial land uses and another church border the subject property. Rt. 31 is east of the subject property and is lined with PAB Planned Area Business and AB Area Business Districts. Businesses,offices,hotels and restaurants are the primary land uses along this roadway. Single family land uses are located to the north and northwest of the subject property in unincorporated Dundee Township. C. Trend of Development Findings. The subject property is located at the northern border of the City's corporate limits. This area has developed with a mix of single and multi-family residential,hotel,restaurant,institutional,office and retail uses. Warehousing and industrial uses are also located in this area. D. Zoning District Findings: The purpose of the CF Community Facility District is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental,recreational,educational,health,social,religious,and transportation services to the community on a for-profit or on a not-for-profit basis. The District recognizes a major land use category and pattern of development that exists within the City, and provides standards for the location and requirements for site design of community facilities. E. 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 the site characteristics standard. The subject property is 1.25 acres and is part of a 4 acre parcel. This parcel is irregularly shaped and is relatively flat. The parcel is partially developed with a church,parking lot,and garage. The remainder of the parcel is open space. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings.The subject property is suitable for the intended conditional use with respect to the sewer and water standard. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 28-05 May 18, 2005 The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parking Standard. The availability 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 traffic and parking standard. The parking lot for Messiah Lutheran Church contains approximately 70 parking spaces. Included in PADS' offer to purchase the property from Messiah Lutheran Church is an agreement to create an easement for maintaining and sharing the existing parking lot. PADS and Wayside Cross Ministries will require 8-9 spaces during normal daytime hours. Occasionally,a seminar,training program or workshop including guests,staff and other from the community may be held. These events will be coordinated so they do not conflict with messiah Lutheran Church's events. Transportation of clients to and from the shelter will be performed by various means including social service agency vans, cabs, Pace bus fixed route service, and pedestrian movement.PADS will arrange the return transport of individuals who are not allowed entry to the emergency shelter. H. 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 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 purpose of the CF Community Facility District is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental, recreational, educational,health, social,religious, and transportation services to the community on a for- profit or on a not-for-profit basis. 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 proposed use will be located adjacent to a church, creating a "campus" setting. PADS will provide dormitory style sleeping accommodations for 55-60 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 28-05 May 18, 2005 guests per night from 7 pm. to 7 am. daily. Lavatory, shower and laundry facilities will be available for guests as well as meeting rooms for individual medical and counseling sessions. Wayside Cross Ministries will rent offices and meeting areas during the day from 8 am.to 5 pm. Wayside's services include serving light meals/refreshments,counseling,bible studies and group sessions. Single and multifamily land uses are located nearby the subject property. Transportation, loitering and security issues and concerns are to be addressed prior to building occupancy and on a continuous basis to avoid negative impact on the proposed programs and the surrounding neighborhoods. 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. The subject property is located in the CF Community Facility District. Approval of the proposed Hoeft Center as a conditional use will allow PADS to provide a permanent facility to provide year-round, overnight emergency shelter and the Wayside Center to provide counseling services in the daytime. 2. Location,Design, and Operation. An emergency shelter is classified as a conditional use in the CF Community Facility District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. PADS will provide dormitory style sleeping accommodations for 55-60 guests per night from 7 pm.to 7 am. daily. Lavatory,shower and laundry facilities will be available for guests as well as meeting rooms for individual medical and counseling sessions. Wayside Cross Ministries will rent offices and meeting areas during the day from 8 am. to 5 pm. Wayside's services include serving light meals/refreshments, counseling, bible studies and group sessions. B. Summary of Unresolved Issues. There are no unresolved issues. rik 5 Findings of Fact Zoning and Subdivision Hearing Board �.. Petition 28-05 May 18, 2005 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 28-05. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was six (6) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Pat Yauch, dated May 5, 2005. 2. Substantial conformance with the Landscape Planting Plan, View of Entrance, and Floor Plan and East Elevation,prepared by Burnidge Cassell and Associates, dated May 9, 2005, subject to revisions required by the Community Development Group. 3. Obtain easement for maintaining and sharing the existing Messiah Lutheran Church parking lot. 4. Compliance with all other codes and ordinances. Therefore, the motion to recommend approval of Petition 28-05 was adopted. Respectfully submitted: Daniel Weiler, Chairman Pro Tern Zoning and Subdivision Hearing Board Lauren Pruss, Secretary Zoning and Subdivision Hearing Board 6