Loading...
HomeMy WebLinkAboutG34-08 Ordinance No. G34-08 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY AT 863 — 877 BODE ROAD (Iglesia De Cristo, a/k/a Church of Christ) WHEREAS,written application has been made to reclassify certain property located at 863- 877 Bode Road fromSFR1 Single Family Residence District to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission 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 Planning and Development Commission. 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 April 21, 2008, 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 Zonin g map of the p Elgin Municipal Code,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 including in the PCF Planned Community Facility District the following described property: Lots 15 And 15 in County Clerk's Division of unsubdivided lands in the South 1/2 of Section 18, Township 41 North, Range 9 East of The Third Principal Meridian, in Cook County, Illinois (Property commonly known as 863-877 Bode Road). Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PCF Planned Community Facility District, for the property commonly known as 863—877 Bode Road,and legally described above,which shall be designed,developed,and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general,community facilities provide governmental,recreational,educational,health,social, religious, and transportation services to the community on a for profit or a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein,followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts-Generally. In this PCF zoning district,the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district,the use of land and structures shall be subject to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976,as amended. The following enumerated"land uses" [SR] shall be the only land uses allowed as a"permitted use" [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Planned Community Facility District: Services Division 1. "Churches, convents, monasteries, and temples" (8661). 2. "Elementary and secondary schools" (8211) Construction Division. 3. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 4. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 5. "Radio and television antennas" [SR] (UNCL). 6. "Satellite dish antennas" [SR] (UNCL). 7. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 8. "Fences and walls" [SR] (UNCL). 2 9. "Loading facilities" [SR](UNCL),exclusively"accessory" [SR],subject to the provisions of Chapter 19.47, Off Street Loading. 10. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 11. "Parking structures" [SR] (UNCL),exclusively"accessory" [SR]to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 12. "Refuse collection area" [SR]. 13. "Storage Tanks" [SR] (UNCL). 14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 15. "Temporary uses" [SR] (UNCL). 16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Planned Community Facility District: Services Division. 1. "Institutional child day care services" [SR] (8351). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Conditional Commercial Antenna Tower" [SR] (UNCL). 4. "Other radio and television antennas" [SR] (UNCL). 5. "Other satellite dish antennas" [SR] (UNCL). 6. "Pipelines, except natural gas" (461). 7. "Refuse systems" (4953). 8. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 10. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 11. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 12. "Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the site design regulations shall be as required in the CF District,pursuant to Chapter 19.30.135 Site Design,of the EMC,as may be amended 3 from time to time. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application and letter prepared by Peter C. Bazos, Law Offices of Bazos,Freeman,Kramer,Shuster,Vanek and Kolb,Attorneys at Law. 2. Substantial Conformance to the proposed Site and Building Development for The Church of Christ,encompassing the Site Plan(Sheet DD 1)dated March 1,2007,last revised April 29, 2008; Upper and Lower Level Floor Plans (Sheet DD2), dated March 1, 2007, last revised October 20, 2007; Building Elevations (Sheet DD3) dated February 6, 2006, last revised October 20, 2007, and prepared by Richard A. DalBello Architect. 3. Substantial Conformance to Photometric Site Plans prepared by RUUD Lighting, Inc., dated February 13, 2007, last revised October 20, 2007. 4. Substantial Conformance to the Preliminary Engineering Plan(Sheet C1),prepared by Applied Engineering Services, Ltd., dated December 8, 2006, last revised October 19, 2007. 5. Substantial Conformance to the Landscape Plan(Sheet L1)prepared by Richard A. DalBello Architects and dated March 1, 2007, revised April 1, 2008. 6. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. Off-Street Loading. In this PCF zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs.In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district,application for text and map amendments shall be subject to the provisions of Chapter 19.55,Amendments.A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. . In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60,Planned Developments of the Elgin Municipal Code, 1976,as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an 4 amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976,as amended.A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district,the use and development of the land and structures shall be subject to the provisions of Chapter 19.70,Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. 0. Subdivisions—Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city,as amended,and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75,Appeals of the Elgin Municipal Code, 1976,as amended. 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: June 11, 2008 Passed: June 11, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 12, 2008 Published: Attest: Diane Robertson, Cit'\Clerk r 5 April 21, 2008 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 39-07 Requesting a Map Amendment from SFR1 Single Family Residence District to PCF Planned Community Facility District; Property Located at 863 and 877 Bode Road by Iglesia De Cristo, a/k/a Church of Christ, as Applicant and Iglesia De Cristo, an Illinois Not-for- Profit Corporation, as Owner. GENERAL INFORMATION Requested Action: Map Amendment Current Zoning: SFR1 Single Family Residence District Proposed Zoning: PCF Planned Community Facility District Existing Use: Single Family Residence Proposed Use: Church and Rectory Property Location: 863 and 877 Bode Road Applicant: Iglesia De Cristo, a/k/a Church of Christ Owner: Iglesia De Cristo, an Illinois Not-for-Profit Corporation Staff Coordinator: Denise Momodu, 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) E. Environmental Map (see attached) F. Site Photos (see attached) EXHIBIT A • Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 G. Development Application (see attached) H. Draft PCF Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by Iglesia De Cristo, a/k/a Church of Christ, requesting a map amendment from SFR1 Single Family Residence District to PCF Planned Community Facility District. The subject property is located at 863 and 877 Bode Road(reference Exhibits A, B, C, D, E, and F). The subject property contains two acres of land area and is improved with a single family residence, detached garage and a gravel driveway. The applicant proposes to demolish the existing garage and construct a new church, containing a total floor area of 13,000 square foot. The existing house will be used as a rectory(reference Exhibits G, H, and I). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 39-07 on April 21, 2008. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a Map Amended Review, dated April 16, 2008. The Planning and Development Commission has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the intended planned development 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 planned development with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 2 acres of land area. The property is improved with a one story family residence and a detached garage a gravel driveway. Elevations range from a high point of 796 feet at the northeastern portion of the property, to a low point of 755 feet at the southwestern portion of the property, for a maximum relief of 41 feet. - 2 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 B. Sewer and Water Standard. The suitability of the subject property for the intended planned development 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 planned development with respect to the sewer and water standard. The subject property is served with municipal water and sanitary sewer systems. Stormwater management will be provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the intended 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 intended zoning district with respect to the traffic and parking standard. The subject property is located on the west side of Bode Road. Bode Road is a collector road serving the east side of the city. Off street parking is being provided in conformance with the Off Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended 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 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: B Residential District 1950: A Residential District 1960: A Residential District 1961: A Residential District 1962: R-2 Single Family Residence District 1992: R-2 Single Family Residence District Present: SFR1 Single Family Residence District The subject property has been zoned for single family residence since 1927. r E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for - 3 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 the intended planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north and east are zoned RC1 Residence Conservation District and SFR1 Single Family Residence District respectively,and are developed with single family homes. The area to the south is zoned CI Commercial Industrial District, and is developed with a mix of automobile related businesses, retail and service businesses. The areas to the west and southwest are zoned MFR Multiple Family Residence District and PMFR Planned Multiple Family District and are developed with apartment buildings and the Park Bluff Villas duplexes, respectively. F. Trend of Development Standard. The suitability of the subject property for the intended planned development with respect to 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 planned development with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within a mature residential neighborhood with industrial uses being located to the south along East Chicago Street. G. Planned Development District Standard. The suitability of the subject property for the intended 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 and intent of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60, Planned Developments. 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. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts, 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. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities. 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. - 4 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 r A PCF Planned Community Facility District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres,unless such land is located between any nonresidential zoning district, and any residence district or any residence conservation district, which all have frontage on the same street and on the same block. No departure from the minimum size of a PCF Planned Community Facility District shall be granted by the City Council. Findings.The subject property is suitable for the intended planned development with respect to conformance to the provision for the purpose and intent, and the location and size of a PCF Planned Community Facility zoning district. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions. The proposed planned development will be subject to the specific site plan, building elevations, and landscape plan, as well as the statement of purpose and conformance. The proposed church demonstrates high quality architecture on all elevations and contains primarily masonry materials on the exterior. The property will be landscaped with materials in excess of what the zoning ordinance requires along the east property line to provide for an adequate buffer from the adjacent residential use. rik H. Comprehensive Plan Standard. The suitability of the subject property for the intended 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 intended planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Urban/Traditional (2.1 8.7 dwelling units pet net acre)" by the Comprehensive Plan and Design Guidelines (2005). This designation is suitable for any area where urban density land use, including detached and attached single family homes,and higher density multiple family dwellings exists or is desired. Appropriate locations offer neighborhood access to local,collector and arterial roads,access to water and sanitary sewer systems, and proximity to public safety service. The provision of park and open space is encouraged to provide opportunities for recreation and access to bicycle and pedestrian trail networks. Other uses in this category may include neighborhood commercial centers, churches, and schools in locations deemed appropriate by the City. The proposed development is in conformance with this designation. Natural Preservation Standard. The suitability of the subject property for the intended 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 planned development with - 5 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 respect to the Natural Preservation Standard. The southern portion of the subject property contains a number of mature trees. The applicant will be removing a majority of the trees during the course of redeveloping the site. J. Internal Land Use Standard. 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 intended planned development with respect to the internal land use standard. No evidence has been found that the proposed planned development will be located, designed,and operated in a manner that will exercise undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the CF Community Facility District. The applicant is requesting the following departure from the standard requirements of the CF Community Facility District: • Section 19.30.135 Site Design (E.1.c.), Building Transition Setback. The CF District requires a minimum 50 foot building transition setback. The required building setback from a transition lot line for the subject property is 81 feet. The applicant is proposing a 26 foot setback from the adjoining SFR1 Single Family Residence District(a 68%departure). The applicant is proposing to provide for a transition landscape yard containing landscaping materials that exceed the requirements of the zoning ordinance. SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings 1. Positive Attributes. The church design demonstrates high quality architecture on all elevations and contains primarily masonry materials on the exterior. The property �s will be landscaped with materials in excess of what the zoning ordinance requires which will mitigate the requested departures and provide for an adequate buffer from the adjacent residential use. - 6 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 2. Planned Development District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions. The proposed planned development will be subject to the specific site plan,building elevations,and landscape plan,as well as the statement of purpose and conformance. Likewise,the proposed map amendment is in substantial conformance to the official comprehensive plan. 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. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 39-07. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0)no: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application and letter prepared by Peter C. Bazos, Law Offices of Bazos, Freeman, Kramer, Shuster, Vanek and Kolb Attorneys at Law. 2. Substantial Conformance to the proposed Site and Building Development for The Church of Christ, encompassing the Site Plan(Sheet DD1)dated March 1,2007,last revised April 29, 2008; Upper and Lower Level Floor Plans (Sheet DD2), dated March 1, 2007, last revised October 20, 2007; Building Elevations (Sheet DD3) dated February 6, 2006, last revised October 20, 2007, and prepared by Richard A. DalBello Architect. 3. Substantial Conformance to Photometric Site Plans prepared by RUUD Lighting,Inc.,dated February 13, 2007, last revised October 20, 2007. 4. Substantial Conformance to the Preliminary Engineering Plan (Sheet C1), prepared by Applied Engineering Services,Ltd.,dated December 8,2006,last revised October 19,2007. 5. Substantial Conformance to the Landscape Plan(Sheet L1)prepared by Richard A.DalBello Architects and dated March 1, 2007, revised April 1, 2008. 6. Compliance with all other applicable codes and ordinances. - 7 - Findings of Fact Planning and Development Commission Petition 39-07 April 21, 2008 Therefore, the motion to recommend approval of Petition 39-07 was adopted. Respectfully Submitted, s/ John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission r r - 8 -