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HomeMy WebLinkAboutG60-07 Ordinance No. G60-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR THE ESTABLISHMENT OF A CHURCH IN THE AB AREA BUSINESS DISTRICT (1555-1557 Weatherstone Lane) WHEREAS, written application has been made requesting conditional use approval for the establishment of a church in the AB Area Business District; 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 September 19, 2007, 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 to permit the establishment of a church in the AB Area Business District at 1555-1557 Weatherstone Lane and legally described as follows: Lot 3 of Martin's Boulevard Commercial Park, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1555 -1557 Weatherstone Lane). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Pentecostal Missionary Church of Christ, 4th Watch, dated received July 19, 2007. 2. Substantial conformance with the Floor Plan, submitted by Pentecostal Missionary Church of Christ, 4th Watch, dated received July 25, 2007. 3. Parking is approved for the church based on a maximum occupancy load of 77. 4. All cracks and pot holes in the parking lot area must be repaired. 5. Handicapped parking spaces must be brought into conformance to current code requirements. elibk r 6. Curb cuts and approaches leading to and from the site must meet engineering standards. 7. The refuse collection area must be enclosed according to the requirements of the Elgin Municipal Code. 8. The lawful nonconforming freestanding sign that exists on site must be removed. 9. All signs must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 10. Compliance with all 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. Ed Schoc , Mayor r Presented: October 24, 2007 Passed: October 24, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 25, 2007 Published: Attest: Diane Robertson, City Clerk September 19, 2007 or _. FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT • Consideration of Petition 51-07 Requesting a Conditional Use in the AB Area Business District,to Permit the Establishment of a Church; Property Located at 1555-1557 Weatherstone Lane, by Pentecostal Missionary Church of Christ, 4th Watch, as Applicant, and Joseph F. Ferstl, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: 1555 Weatherstone Lane-Vacant 1557 Weatherstone Lane- Chiropractic Clinic Proposed Use: 1555 Weatherstone Lane- Church 1557 Weatherstone Lane- Chiropractic Clinic Property Location: 1555— 1557 Weatherstone Lane Applicant: Pentecostal Missionary Church of Christ, 4th Watch Owner: Joseph F. Ferstl 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 Photo (see attached) it i _ _..L..... Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 E. Environmental Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Pentecostal Missionary Church of Christ, 4th Watch,requesting a conditional use in the AB Area Business District, to permit the establishment of a church. The property is located at 1555-1557 Weatherstone Lane (reference Exhibits A, B, C, D, and E). The applicant is proposing to establish a church in one of two tenant spaces at 1555-1557 Weatherstone Lane. The church will be located on the first floor of the building, within the 1,500 square foot tenant space located in the rear portion of the building(1555 Weatherstone Lane). There are 35 parking spaces provided on site. All church functions and services will be conducted only at those times when the other tenant's business at this location is closed. .4111) The congregation consists of 20 members, including children. On Sundays, the church will hold Sunday school from 9:00 a.m. to 10:15 a.m. and church services from 10:30 a.m. to 12:30 p.m. and from 7:00 p.m. to 9 p.m. During the week, daily morning devotion will be held from 5:30 a.m. to 7:00 a.m. On every Wednesday, bible study will be held from 7:00 p.m. to 9:00 p.m. On every Friday, a prayer meeting will be held from 7:00 p.m. to 9:00 p.m. (reference Exhibits F, G, and H.). The applicant needs conditional use approval for a church to be allowed in the AB District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration. GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 51-07 on September 19, 2007. 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 September 6, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: r 2 September 19, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 51-07 Requesting a Conditional Use in the AB Area Business District,to Permit the Establishment of a Church; Property Located at 1555-1557 Weatherstone Lane, by Pentecostal Missionary Church of Christ, 4th Watch, as Applicant, and Joseph F. Ferstl, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: 1555 Weatherstone Lane - Vacant 1557 Weatherstone Lane - Chiropractic Clinic Proposed Use: 1555 Weatherstone Lane - Church 1557 Weatherstone Lane - Chiropractic Clinic Property Location: 1555— 1557 Weatherstone Lane Applicant: Pentecostal Missionary Church of Christ, 4th Watch Owner: Joseph F. Ferstl Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) rk., D. Aerial Photo (see attached) Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19,2007 A. Zoning History Standard. The suitability of the subject property for the intended conditional use vl ith respect to the length of time the property has remained undeveloped or unused in its curl ent zoning district. • Findings. The S abject property is suitable for the intended conditional use with respect to the length of tim a the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: D D—Limited Commercial 1962: B3 Service Business District 1992: "0" Limited Office District Present: A B Area Business District The subject property is part of the Martin's Boulevard Commercial Park Subdivision. The property was annexed to the City in 1959. It was improved with a 3,000 square foot medical office building aid accessory off-street parking in 1970. B. Surrounding L:Ind Use and Zoning Standard. The suitability of the subject property for the intended con,litional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and ompatibility with surrounding land use and zoning. The subject property is zoned AB Area Business District. The areas located north, east and northwest of the subject are zoned AB Area Business District and are leveloped with a day care center, an animal hospital, medical offices and various business uses. The areas locates l south,southwest and west of the subject property are zoned MFR Multiple Family Residence District. These areas are developed with multiple family residences within the Eagle Height s subdivision. The establishme:it of a church on the subject property is compatible with the day care center, office, and busir ess uses that surround the property. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use iith respect to its consistency with an existing pattern of development or an identifiable trend of development in the area, 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19,2007 A. Zoning History Standard. The suitability of the subject property for the intended conditional use v ith respect to the length of time the property has remained undeveloped or unused in its curl ent zoning district. Findings. The s abject property is suitable for the intended conditional use with respect to the length of tim r.the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: DD—Limited Commercial 1962: B3 Service Business District 1992: "0" Limited Office District Present: A B Area Business District The subject property is part of the Martin's Boulevard Commercial Park Subdivision. The property was annexed to the City in 1959. It was improved with a 3,000 square foot medical office building aid accessory off-street parking in 1970. B. Surrounding L:and Use and Zoning Standard. The suitability of the subject property for the intended con,litional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and ;ompatibility with surrounding land use and zoning. The subject property is zoned AB Area Business District. The areas located north, east and northwest of the subject are zoned AB Area Business District and are leveloped with a day care center, an animal hospital,medical offices and various business uses. The areas locate(l south,southwest and west of the subject property are zoned MFR Multiple Family Residence District. These areas are developed with multiple family residences within the Eagle Height s subdivision. The establishme.it of a church on the subject property is compatible with the day care center, office, and busir ess uses that surround the property. C. Trend of Devell)pment Standard. The suitability of the subject property for the intended conditional use N iith respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 F. Sewer and Wat Standard. The suitability of the subject property for the intended conditional use v'ith respect to the availability of adequate municipal water, wastewater treatment, and stc rm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and waver standard. The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parl sing 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 circulai ion designed to minimize traffic congestion. Findings.The su)ject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on Weatherstone Lane, a cul-de-sac street. This street joins North McLean E oulevard. Weatherstone Lane is a local street that serves the Martin's Boulevard Comnercial Park Subdivision.North McLean Boulevard is an arterial street that serves the west s:de of Elgin. Off street parkin';will be provided in conformance with the off street parking ordinance. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The s abject property is suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject prop,%m'is designated as"Highway Commercial"by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serve surroundin;neighborhood areas,but also larger trade areas connected by the arterial street system. Tf ey may include commercial uses to meet the daily"convenience"goods and service needs oft esidents in immediately adjacent neighborhoods. In addition,they typically include highway serving uses. These commercial areas are generally auto dominated. The proposed church is in keeping with the objectives and policies of this comprehensive plan designation in that the church offers a service to residents in the immediate and surrounding neighborhoods. The church is connected to the surrounding neighborhoods by 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 way of the arterial road system. I. 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. 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. 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. '41111) Positive Attributes. Conditional use approval is required to establish a church in the AB Area Business District. Approval of the requested conditional use to establish a church at 1555 Weatherstone Lane will allow the applicant the opportunity to offer church services to the residents in the immediate and surrounding neighborhoods. The building and parking lot on the subject property are in compliance with the zoning standards in effect in 1970. The parking lot is lawful nonconforming with respect to certain design standards contained in the current ordinance including, but not limited to, setbacks and landscaping. As part of the conditional use approval,handicapped parking spaces in the parking lot will be brought into conformance with current code standards. The lawful nonconforming sign at the northeast end of the parking lot will be removed. The refuse collection area at the southwest end of the parking lot will be enclosed according to current ordinance requirements. B. Summary of Unresolved Issues. There are no unresolved issues. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 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. 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 subject property is located on Weatherstone Lane, a cul-de-sac street. This street joins North McLean Boulevard. Weatherstone Lane is a local street that serves the Martin's Boulevard Commercial Park Subdivision.North McLean Boulevard is an arterial street that serves the west side of Elgin. Off street parking will be provided in conformance with the off street parking ordinance. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use 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 with respect to the Comprehensive Plan Standard. The subject property is designated as"Highway Commercial"by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serve surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include commercial uses to meet the daily"convenience"goods and service needs of residents in immediately adjacent neighborhoods. In addition,they typically include highway-serving uses. These commercial areas are generally auto dominated. The proposed church is in keeping with the objectives and policies of this comprehensive plan designation in that the church offers a service to residents in the immediate and surrounding neighborhoods. The church is connected to the surrounding neighborhoods by 4111) 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 C. Summary of Alternatives. Other than an approval, a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 51-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five (5) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,submitted by Pentecostal Missionary Church of Christ,4th Watch,dated received July 19,2007. 2. Substantial conformance with the Floor Plan, submitted by Pentecostal Missionary Church of Christ, 4th Watch, dated received July 25, 2007. 3. Parking is approved for the church based on a maximum occupancy load of 77. 4. All cracks and pot holes in the parking lot area must be repaired. 5. Handicapped parking spaces must be brought into conformance to current code requirements. 6. Curb cuts and approaches leading to and from the site must meet engineering standards. 7. The refuse collection area must be enclosed according to the requirements of the Elgin Municipal Code. 8. The lawful nonconforming freestanding sign that exists on site must be removed. 9. All signs must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 10. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. r 7 Findings of Fact Zoning and Subdivision Hearing Board Petition 51-07 September 19, 2007 sl Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Lydia Treganza Lydia Treganza, Secretary Zoning and Subdivision Hearing Board 8