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HomeMy WebLinkAboutG33-12 7 Ordinance No. G33-12 • AN ORDINANCE GRANTING A CONDITIONAL USE FOR A RELIGIOUS ORGANIZATION IN THE CC CENTER CITY DISTRICT (205 Fulton Street) WHEREAS, written application has been made requesting conditional use approval for a religious organization in the CC 1 Center City District; and WHEREAS, the Planning and Zoning 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 with the findings and recommendation of the Planning & Zoning 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 2, 2012, made by the Planning and Zoning Commission, 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 religious organization in the CC1 Center City District for a portion of the first floor of the premises commonly known as 205 Fulton Street and legally described as follows: Lots 7, 8 and 19 in Block 13 of the original Town of Elgin, on the East side of the Fox River (excepting therefrom that part of said Lots 8 and 19, described as follows: Commencing at the intersection of the East line of Spring Street with the South line of Fulton Street; thence Easterly on the Southerly line of Fulton Street to a point in the Southerly line of Fulton Street which is 36 feet Westerly from the Northeast corner of said Lot 8; then Southerly parallel with the Easterly line of said Lot 8 a distance of 44.86 feet; thence Westerly parallel with the South line of Fulton Street to the Easterly line of Spring Street; thence Northerly along said Easterly line to the point of beginning), in the City of Elgin, Kane County, Illinois. (Property commonly known as 205 Fulton Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by 105 Grove LLC, dated received January 26, 2012. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. • 2. Substantial conformance with the Disclosure Affidavit, dated received • January 26, 2012. 3. Substantial conformance with the Interior Layout; dated received January 26, 2012. Those areas depicted on such exhibit as "not part of premises" are not included in the conditional use approval provided for by this ordinance. 4. Substantial conformance with the Plat of Survey; prepared by Alan J. Coulson P.C. dated January 15, 1999. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. 7. There being a preexisting license to sell alcoholic liquor at retail for the property commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 which is within 100 feet of the subject property at 205 Fulton Street; pursuant to Ordinance No. G32-12 being adopted simultaneously with this ordinance, the 100 foot restriction for the issuance of a liquor license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated school as otherwise provided for in 235 ILCS 5/6- 11(a) shall not apply to the church or any church affiliated school at 205 Fulton Street and future retail liquor license to be issued within 100 feet of such premises at 205 Fulton Street. 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 upon its passage in the manner provided by law. David J. Kalyain, MTyor Presented: May 9, 2012 Passed: May 9, 2012 Vote: Yeas: 5 Nays: 0 Recorded: May 9, 2012 Published: May 11, 2012 • U FU1MW� Attest:916t4e", k� Kimberly Dewis, Ci y Clerk • April 2,2012 FINDINGS OF FACT -Planning and Zoning Commission City of Elgin,Illinois SUBJECT Consideration of Petition 12-.12 Requesting a Conditional Use in the CC 1 Center City District, to Permit the Establishment of a Religious Organization (Church); Property Located at 205 Fulton Street, by 105 Grove, LLC, as Applicant, and Chicago Land Trust Co., Trust No. A7712481503 as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC Center Citv District Existing Use: Social Service Agency &Church Property Location: 205 Fulton Street Applicant: 105 Grove LLC Owner: Chicago Title Land Trust Co., Trust No. A7712481503 Staff Coordinator: Dave Waden. Senior Planner LIST OF EXHIBITS A. Aerial Photo/Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Environmental Map (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance, Application (see attached) • G. Draft Conditional Use Ordinance (see attached) Exhibit A • Findings of Fact Planning and Zoning Commission Petition 12-12 April 2 2012 BACKGROUND An application has been filed by 105 Grove LLC, requesting a conditional use to permit the establishment of a religious organization (Church) in the CCl Center City District. The subject property is located at 205 Fulton Street (reference Exhibits A, B, C, D). The applicant is currently operating a church at the subject property. The church currently occupies approximately 1, 100 square feet on the first floor of the building that is shared with a social service center for senior citizens. The church contains a small library, conference room, offices, and a small chapel that seats approximately 40 people for worship services. Church services are held on Sunday mornings at 10:00 a.m. Weekday mass is conducted at 8:00 a.m. and is.usually attended by five to ten people. Non-liturgical services such as classes and seminars are conducted once or twice per month on weekdays, usually in the evening and are attended by an average of thirty to forty people. Churches are conditional uses in the CC 1 Center City District, and require a public hearing and City Council approval (reference Exhibits F, G). • GENERAL FINDINGS r After due notice, as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 03-12 on February 15, 2012. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Department submitted a Conditional Use Review dated February 15, 2012. The Planning and Zoning Commission has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: E Commercial District 1950: E Commercial District 1960: E Industrial District 1962: B2 Service Business District 1992: B2 Service Business District Present: CC Center City District • 2 Findings of Fact Planning and Zoning Commission • Petition 12-12 April 2 2012 The subject property was originally classified as E Commercial District in 1927. The property was rezoned to B2 Central Business District, in 1962 and 1992 respectively. As part of comprehensive amendments to the zoning ordinance, the property was rezoned to CC 1, Center City District. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional 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 compatibility with surrounding land use and zoning. Located to the north of the subject property was the original Swans department store later acquired by Sears Roebuck & Company. The property was redeveloped in 1982 by Elgin Community College as a reuse of existing buildings into a mix of educational, offices and day care facility. The property is currently being redeveloped for an artists' live-work residential development with retail along the street level. The area to the east is developed with a city owned parking structure. The area to the south is developed with retail stores and a restaurant. �J The area to the west is developed with two separate surface parking lots and commercial uses. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use 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 with respect to the trend of development standard. The subject property is located within an area, which is developed with a mix of commercial, residential, service related uses as well as a city owned parking structure. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. The purpose of the CC 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 3 4 Findings of Fact Planning and Zoning Commission , Petition 12-12 April 2 2012 city with a common urban fabric. The CC zoning district provides for a concentration of finance, service, retail, civic, office, and cultural 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. A church is classified as a conditional use in this CC Center City District. The proposed business will be located, designed and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of CC 1 Center City District. STANDARDS FOR CONDITIONAL USES The Planning and Zoning Commission has made the following findings concerning the standards for conditional uses: A. 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 consists of approximately 0.08 acres and is located within the Center City District, and contains one building that encompasses the entire lot. There are no significant site features located on the site. B. 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. C. 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 bounded by Grove Avenue on the west and Fulton Street to the • north. These local roads serve the subject property and form the basis of the urban grid 4 Findings of Fact Planning and Zoning Commission �• Petition 12-12 April 2 2012 that has been established within the Center City Districts. Directly to the west of the subject property is the Fulton Street parking deck that is a city owned parking structure. The subject property is located within the Center City District and off-street parking is not required to be provided due to the close proximity to city parking lots and parking decks D. 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 "Community Mixed Use" by the City's Comprehensive Plan and Design Guidelines dated 2005. Community Mixed-Use Centers provide focus, identity, and convenient goods and services, as well as some employment, for a number of surrounding neighborhoods in a larger trade area. The subject property fits.the"Community Mixed Use"Comprehensive Plan designations. ��• E. 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 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. The church has been operating at its current location since 2010. F. Historic Preservation Standard. Where applicable, the conditional use shall make 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. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. 5 • Findings of Fact Planning and Zoning Commission Petition 12-12 April 2 2012 DECISION The Planning and Zoning Commission recommends the approval of Petition 12-12. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was six (6)yes and one(1)no: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by 105 Grove LLC, dated received January 26, 2012. 2. Substantial conformance with the Disclosure Affidavit, dated received January 26, 2012. 3. Substantial conformance with the Interior Layout, dated received.January 26, 2012. 4. Substantial conformance with the Plat of Survey, prepared by Allan J. Coulson P.C. dated January 15, 1999. 5. That the 100-foot restriction set forth in section 6-11 of the Illinois Liquor Control Act, 235 ILCS 5/1-1 et seq. (the "Act), shall not apply with respect to the church and future retail liquor licenses, such that future liquor license establishments shall not be prohibited by the Act from locating within 100 feet of any church or church affiliated school located • at 205 Fulton Street. - k 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 12-12 was adopted. s/ Bob Siliestrom Bob Siljestrom, Chairman Planning and Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission • 6