Loading...
HomeMy WebLinkAboutG1-07 • Ordinance No. G1-07 AN ORDINANCE GRANTING A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT, TO PERMIT A CHURCH, AND GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO ALLOW REQUIRED REPAIR AND MAINTENANCE CHANGES TO THE EXTERIOR OF THE BUILDING (77 Villa Street) WHEREAS, written application has been made for a conditional use in the CC2 Center City District, to permit a Church, and for a conditional use for a planned development in the ARC Arterial Road Corridor Overlay District, to allow required repair and maintenance changes to the exterior of the building at 77 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 6, 2006, 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 in the CC2 Center City District, which will permit a Church, and that a conditional use for a planned development in the ARC Arterial Road Corridor Overlay District, which will allow required repair and maintenance changes to the exterior of the building at 77 Villa Street, and legally described as follows: That Part of Lots 7 and 8 in Block 5 of the Original Town of Elgin, on the East Side of the Fox River, Described as Follows: Beginning at a Point in the Westerly Line of Lot 8, 54 Feet Northerly from the Southwest Corner Thereof; Thence Easterly to a Point in the Easterly Line of Lot 7, 7 Feet North of the Southeast Corner Thereof; Thence Northerly Parallel with the Westerly Line of Lots 8'and 7 Aforesaid, 34 Feet 6 Inches; Thence Westerly to a Point in the Westerly Line of Said Lot 7, 34 Feet 6 Inches Northerly of the Point of Beginning; Thence Southerly Along the Westerly Line of Lots 8 and 7 Aforesaid, 34 Feet 6 Inches 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 • prepared by Julia Hugee-Pedersen, dated October 17, 2006. 2. Substantial conformance to the proposed Site Plan and Floor Plans, submitted by Julia Hugee-Pedersen, dated received October 17, 2006. 3. Substantial conformance to the proposed Site / Landscape Plan prepared by Julia Hugee-Pedersen, dated October 26, 2006. Two existing trees in the street yard will be removed. A compact continuous hedge of cranberry cotoneaster shrubs will be planted at a 4 foot height along the perimeter of the church adjacent to Villa Street. The shrubs will be planted as close together as possible to ensure the continuous hedge. With the shrubs being 3 to 4 feet in width, a total of 10-13 shrubs will need to be planted. 4. The siding that has come off of the building must be replaced with aluminum siding that matches the existing siding on the building. Any chipping must be repaired. The entire building shall be painted a uniform color. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years 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. 4 •4IØ Jo Wa -, 6,4 • or Pr. Tern Presented: January 10, 2007 Passed: January 10, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 11, 2007 Published: Attest: Dolonna Mecum, City Clerk December 6, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 107-06 Requesting a Conditional Use in the CC2 Center City District,to Permit a Church,and Requesting a Conditional Use for a Planned Development in the ARC Arterial Road Corridor Overlay District,to Allow Required Repair and Maintenance Changes to the Exterior of the Building; Property located at 77 Villa Street by Oxford Falconridge and Pensby Realty on behalf of New Beginning, as Applicant, and Frank Boehm, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CC2 Center City District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Building Proposed Use: Church Property Location: 77 Villa Street Oxford Falconridge and Pensby Realty Applicant: on behalf of New Beginning Owner: Frank Boehm Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) EXHIBIT 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 E. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Development Plan (see attached) I. Draft Conditional Use Ordinance (see attached) J. Standards for Conditional Use (see attached) K. Related Correspondence (see attached) BACKGROUND An application has been filed by Oxford Falconridge and Pensby Realty on behalf of New Beginning,requesting a conditional use in the CC2 Center City District and requesting a conditional use for a planned development in the ARC Arterial Road Corridor Overlay District.The property is located at 77 Villa Street(reference Exhibits A, B, C, D, E and F). '"" The applicants are proposing to establish a church. The congregation consists of 40 members, including children. The first floor of the building will be used for church services and the lower floor will be used as a fellowship hall for Sunday school classes, pot luck dinners, and various meetings. Churches require conditional use approval in the CC2 District. The applicants are also requesting conditional use approval for a planned development in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District,to allow required changes to occur to the exterior of the building. The applicants have agreed to replace the siding where it is missing on the south building elevation and to repaint the entire building. They have also agreed to remove two trees from the front of the building that are in poor condition and to replace and add new landscaping along the front perimeter of the church adjacent to Villa Street. These changes require a public hearing and City Council approval due to the site being located in an ARC Arterial Road Corridor Overlay District. The purpose and intent of the ARC overlay district is to ensure quality buildings along the city's entryway corridors (reference Exhibits G, H, I, J, and K). It should be noted that the property is also located in an Historic District and needs a COA Certificate of Appropriateness approved by the Elgin Heritage Commission as part of the process. The purpose and intent of this approval is to preserve those portions and features of a property which are significant to its historic, architectural and cultural values. The Design Review Subcommittee approved the request to repair and reinstall siding on the building on November 27, 2006. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 107-06 on December 6, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated November 1, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the site characteristics standard. The subject property is a regularly shaped parcel consisting of 2,096 square feet of lot area. The property is improved with a two story 2,387 square foot commercial building. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district 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 and conditional use for a 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 zoning district 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 and conditional use for a planned development with respect to the traffic and parking standard. The subject property is located along Villa Street.Villa Street is an arterial street serving the east side of Elgin. Off-street parking is provided in conformance with the Off-Street Parking Ordinance. Land - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 uses located within the CC2 Center City District and located within eight hundred feet of a Municipal off-street parking facility are not required to provide off-street parking. D. Zoning History Standard. The suitability of the subject property for the intended zoning district 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 and 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: E Commercial District 1950: D Commercial District 1960: D Commercial District 1961: D Commercial District 1962: B3 Service Business District 1992: B3 Service Business District Present: CC2 Center City District ARC Arterial Road Corridor Overlay District A two story frame building was built on the subject property in 1900 and was used as a church. In the1970's the building was used as a dance studio and this use continued until the end of 2004. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The subject property is located east of Villa Street on the east side of the city and is zoned CC2 Center City District. The areas located north, south, east, and west of the subject property are developed with a mix of land uses and zoned CC2 Center City District. The properties located to the north of the subject property are developed with a mix of commercial uses, residential uses, and churches. The properties located to the south of the subject property are developed with a mix of commercial uses and residential uses and include a church, a fast food restaurant, the Elgin Turners building, a gas station, and the 411)municipal parking garage. The properties located to the west of the subject property are - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 developed with a mix of commercial uses. The properties located to the east of the subject property are developed with a mix of commercial uses and residential uses. The land use being proposed on the subject property, a church, is consistent and compatible with these surrounding land uses. F. Trend of Development. The suitability of the subject property for the proposed 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 intended conditional use and conditional use for a proposed planned development with respect to the trend of development standard. The Villa Street corridor located within the vicinity of the subject property is developed with a mix of commercial and residential land uses. Churches are also included in this mix.The proposed use is compatible with this trend. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the CC2 Center City district is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive subarea of the city with a common urban fabric. The CC2 zoning district provides for a concentration of finance, service, retail, civic, office, and cultural uses, in addition to complementary uses such as hotels, entertainment and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian oriented character. The development standards are intended to promote a transition between the more intense development in the CC1 zoning district and the residential neighborhoods surrounding the center city. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district, and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. The land use being proposed for the subject property,a church,is consistent and compatible with surrounding land uses. The land use meets the purpose and intent of the CC2 Center City district which provides for a concentration of finance, service,retail, civic, office, and - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 4111) cultural uses. It also meets development standards that are intended to promote a transition between the more intense development in the CC1 zoning district and the residential neighborhoods surrounding the center city. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance for the purpose and intent of the planned development. 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. The purpose of the ARC district is to ensure quality buildings along the entryway corridors into the City of Elgin. Findings: The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development standard. The proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions. The applicants have agreed to make changes to the exterior of the building. They are going to repair and replace siding where necessary and they are going to repaint the building. They have also agreed to add new landscaping along the front perimeter of the church. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the Comprehensive Plan Standard. "N) - 6 - Findings of Fact Zoning and Subdivision Hearing Board • Petition 107-06 December 6, 2006 la) The subject property is designated as "Urban/Traditional" by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. This category may include neighborhood commercial centers,churches,and schools in locations deemed appropriate by the City. The proposed church is in keeping with these land uses that are included in this designated category. It is also in keeping with surrounding properties that are developed with a mix of commercial uses, residential land uses, and churches. J. Natural Preservation. The suitability of the subject property for the planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings: The subject property is suitable for the intended conditional use and proposed planned development with regard to the natural preservation standard. There are no natural features located on site worthy of preservation. K. Location,Design,and Operation. The suitability of the subject property for the intended 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. The proposed development will be regulated by the terms and conditions of the planned development ordinances controlling the use and development of a commercial area. No evidence has been submitted or found that the property use will create undue detrimental influence on itself or surrounding property. L. Historic Preservation Standard. Where applicable,the suitability of the subject property for the intended conditional use with respect to making 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 and subject to the provisions of Title 20, Designation and Preservation of Historically and Architecturally Significant Property. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the Historic Preservation Standard. The purpose and intent of the Historic Preservation Standard is to preserve those portions and features of a property which are significant to its historic, architectural and cultural values. e"'" The Design Review Subcommittee approved the request to repair and reinstall siding on the - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 building at 77 Villa Street on November 27,2006. The applicants will continue to work with the Elgin Heritage Commission and will seek COA Certificate of Appropriateness approval prior to obtaining building permits as part of the process. 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. Positive Attributes. The subject property is located in a CC2 Center City District. Conditional use approval of the proposed land use will allow a currently vacant building to be occupied. This land use, a church, is consistent and compatible with surrounding land uses. It is also in keeping with land uses that are designated appropriate for this area by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. The proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions. The applicants have agreed to make improvements to the exterior of the building. They are going to replace the siding where it is missing on the south building elevation and are going to repaint the entire building. They have also agreed to add new landscaping along the front perimeter of the church adjacent to Villa Street. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION On a motion to recommend approval,subject to the following conditions,the vote was four(4)yes, zero (0) no: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Julia Hugee-Pedersen, dated October 17, 2006. - 8 - Findings of Fact Zoning and Subdivision Hearing Board Petition 107-06 December 6, 2006 2. Substantial conformance to the proposed Site Plan and Floor Plans, submitted by Julia Hugee-Pedersen, dated received October 17, 2006. 3. Substantial conformance to the proposed Landscape Plan prepared by Julia Hugee- Pedersen, dated October 26, 2006. Two existing trees in the street yard will be removed. A compact continuous hedge of cranberry cotoneaster shrubs will be planted at a 4 foot height along the perimeter of the church adjacent to Villa Street. The shrubs will be planted as close together as possible to ensure the continuous hedge. With the shrubs being 3 to 4 feet in width,a total of 10-13 shrubs will need to be planted. 4. The siding that has come off of the building must be replaced with aluminum siding that matches the existing siding on the building. Any chipping must be repaired. The entire building shall be painted a uniform color. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, Robert Langlois, Chai an Zoning and Subdivision Hearing Board Lauren Pruss, Secretary fIW.. Zoning and Subdivision Hearing Board - 9 -