Loading...
HomeMy WebLinkAboutG10-17 Ordinance No. G 10-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICE IN THE CF COMMUNITY FACILITY DISTRICT (1111 VAN STREET) WHEREAS, written application has been made requesting conditional use approval to establish a child daycare service (preschool)at 1111 Van Street; and WHEREAS,the zoning lot with the building containing the premises at 1111 Van Street is legally described herein (the "Subject Property"); and WHEREAS,the Subject Property is located within the CF Community Facility District and a child daycare service is listed as a conditional use within the CF Commercial Facility District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on February 6, 2017 following due notice by publication; and WHEREAS,the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the CF Community Facility District pertains to the government and affairs of the city. 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 February 6, 2017, and the recommendations made by the Community Development Department and 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 for a child daycare service is hereby granted for the property commonly known as 1111 Van Street and commonly identified by Kane County Property Identification Numbers (PIN) Numbers 06-15-476-001, 06-15-476-002, 06-15-476-003, 06-15- 476-004, 06-15-476-009, 06-15-476-010, 06-15-476-011, 06-15-476-012, and 06-15-476-013, and legally described as follows: Lots 1, 2, 3,4, 5, 13, 14, 15 and 16 in Block 24 of Washington Heights Addition to the City of Elgin, Kane County, Illinois. Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Taylor Family YMCA,as applicant,and Good Shepherd,as property owner,received December 22,2016 and supporting documents including: a. Undated Statement of Purpose and Conformance, prepared by Taylor Family YMCA, received December 22, 2016; b. Undated letter titled Variance Request, Submitted for Good Shepherd Building, at 1111 Van Street, Elgin, IL 60123,received January 23, 2017; c. Undated response letter titled Response Good Shepherd Van Street, received January 1, 2017; d. Undated letter titled Background Information Good Shepherd facility at 1111 Van Street, Elgin, received December 12, 2016; e. Undated Agreement for the use of Good Shepherd Van Street Facilities, received December 12, 2016; f. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated November 30, 2016; g. Undated Exhibit "D" GS Lower Level 1111 Van Street plan, received December 22, 2016; h. Undated Site Plan, received January 17, 2017; and i. Fence Proposal and Contract, prepared by Fence Connection Inc., dated May 12, 2016; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A `do not enter' traffic sign must be installed at the Aldine Avenue access driveway prior to issuance of Certificate of Occupancy. 3. The playground equipment must be located a minimum of six feet from the west and south interior(transition) lot lines. 4. The applicant shall install bollards or another like protective feature along the east side of the playground at the terminus of the adjacent parking lot drive aisle. - 2 - 5. The existing four-foot high solid fence and playground equipment along Aldine Avenue must be removed prior to issuance of the Certified of Occupancy. 6. The existing playground area along Aldine Avenue shall be replaced with grass and/or landscaping materials. 7. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. Ka in, Wapor Presented: March 22, 2017 Passed March 22, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: March 22, 2017 Published: March 23, 2017 • IP9�S r! Att s `- ham' L Kimberly Dewis, Ci erk A - 3 - February 6, 2017 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 20-16, an application by Taylor Family YMCA, as applicant, and Good Shepherd Lutheran Church, as owner, requesting approval of a conditional use to establish a child daycare service(preschool)at the property located at 1111 Van Street,zoned CF Community Facility District. GENERAL INFORMATION Petition Number: 30-16 Requested Action: Approval of a Conditional Use Current Zoning: CF Community Facility District Existing Use: Partially vacant school building part of Good Shepherd Lutheran Church Proposed Use: Child Daycare Service (Preschool) Property Location: 1111 Van Street Applicant: Taylor Family YMCA Owner: Good Shepherd Lutheran Church Staff Coordinator: Damir Latinovic,AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map Exhibit A Recommendation & Findings of Fact Petition 30-16 February 6, 2017 D. Site Location F. Development Application and Attachments G. Draft Conditional Use Ordinance BACKGROUND Taylor Family YMCA, as applicant, and Good Shepherd Lutheran Church, as owner, are requesting approval of a conditional use to establish a child daycare service (preschool), and a variation to the setback requirement for playground equipment from the west and south interior (transition) lot lines, at the property located at 1111 Van Street, zoned CF Community Facility District. The YMCA currently operates a similar preschool at the Alfred Campanelli YMCA in Schaumburg and is looking to provide the same child care services for families in Elgin. The proposed preschool would occupy the ground floor, approximately 8,850 square feet of the existing partially vacant school building attached to Good Shepherd Lutheran Church. Utilizing the three existing classrooms and the gym, the preschool is planning to accommodate up to 60 children. The preschool will serve children ages three- and four-years old. The hours of operation will be 6:30 am — 6:00 pm, Monday-Friday with school programming 9:00 am — 4:00 pm. At maximum enrollment(60 children),the school is expected to have a maximum of 8 staff members including all teachers, director, and any assistant staff. The applicant is proposing to install a new 5-foot high open aluminum decorative fence along the south property line enclosing a 1,500-square foot new outdoor play area. The existing fenced in outdoor play area along Aldine Avenue (fence and playground equipment) will be removed and restored with landscaping. The new fenced-in play area will result in the loss of two parking spaces on site. With a total of 48 parking spaces remaining, the property will still meet the zoning requirement for parking. The church is required to have a total of 46 parking spaces based on peak parking demand during Sunday church service, while the preschool is required to have a total of 10 parking spaces based on the number of employees and seats in the largest classroom. Because the parking demands for both uses do not overlap(the preschool will be closed on weekends when the church service takes place),the parking requirement for the property is the 46 parking spaces required for the church. The applicant is also requesting approval of a variation to install new playground equipment within the fenced-in area in the required rear yard. Per the zoning ordinance, the playground equipment is not allowed to encroach into the required rear yard setback along the south property line. The south property line is a transition lot line between the subject CF Community Facility District and the adjacent RC2 Residence Conservation District where a minimum 51.5-foot transitional yard setback is required. The applicant has not submitted a layout for the playground equipment with the exact setback for playground equipment as the equipment selection will be finalized in cooperation with the State's Department of Child and Family Services (DCFS). Staff - 2 - Recommendation & Findings of Fact Petition 30-16 February 6, 2017 recommended a condition be placed that any playground equipment must be installed a minimum of six feet from the south and west lot lines. The six-foot setback is consistent with the setback requirement in the RC2 district for any playground equipment in the rear yard. The applicant is not proposing to make any changes to the interior or exterior of the existing building. The school building was constructed in 1961 and until 2012 housed a K-8 school associated with the church. Beginning with the 2012-2013 school year, all of the church's educational activities were consolidated at the Good Shepherd Lutheran Church's west side location at 195 Nesler Road. Today, the second floor classrooms, kitchen and gymnasium are partially used in the evenings and on the weekends for accessory uses of the church including annual banquets, fundraisers, wellness classes, marriage and family workshops, afterschool programs, tutoring, and English Second Language classes. The proposed child daycare service is listed as a conditional use in the CF Community Facility District requiring review by the Planning & Zoning Commission and final determination by the City Council. The Planning and Zoning Commission has the authority to grant or deny the requested setback variation for the playground equipment. The Community Development Department offers the following additional information: A. Property History. The subject property was subdivided and annexed in 1892 as part of Washington Heights Addition to Elgin. The property was originally zoned as Residential with the first zoning ordinance in 1927 and remained zoned Residential until 1992. In 1992, the property was rezoned to Community Facility District. The Lutheran church first operated from the existing parsonage building starting in 1939. The existing church building was constructed in 1951, while the existing school building addition was constructed and began operating in the 1961. In 2012, the Good Shepherd Lutheran Church Christian School moved to the new church location at 195 Nesler Road. Second-floor classrooms are periodically used for various church programs. B. Surrounding Land Use and Zoning. The properties to the north, south,east and west are all zoned RC2 Residence Conservation District and are improved with single family homes. C. Comprehensive Plan. The subject property is designated within the "Urban/Traditional Residential (2.1-8.7 du/ac)" category by the City's 2005 Comprehensive Plan and Design Guidelines. Urban/Traditional Residential designation was mapped 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. These areas generally include that part of the community that developed between the 1850's and early 1960's, but are also recommended around the mixed use centers and along the transportation corridors. The provision of park and open space is encouraged to provide opportunities for recreation and - 3 - Recommendation & Findings of Fact Petition 30-16 February 6, 2017 access to bicycle and pedestrian trail networks. Other uses allowed in this category may include neighborhood commercial centers, churches, and schools in locations deemed appropriate by the City. D. Zoning District. 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 proposed Taylor Family YMCA preschool is a community facility that will serve the immediate neighborhoods as well as the larger community and as such is consistent with the purpose and intent of the CF zoning district. E. Trend of Development.The subject property is located within an established single family residential neighborhood. All development in the area consists of single family homes and accessory uses and structures. The proposed school will occupy the vacant church school building with no exterior changes to the building. The proposed use of the school building by a new preschool is consistent with the historical use of the property and other residential uses in the neighborhood. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 30-16 on February 6, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Variation Review and Written Findings&Recommendation to the Planning &Zoning Commission dated February 6, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: 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 its size,shape,significant features including topography,watercourses,and vegetation,and existing improvements. The existing improvements on the property have existed since 1961 and are compatible with the surrounding neighborhood.No changes are proposed to the topography of the site or any watercourses affecting the property. The proposed use -4 - Recommendation & Findings of Fact Petition 30-16 February 6, 2017 will occupy the ground floor of the existing school building with no proposed changes to its exterior. The applicant will install a fence to enclose a new outdoor playground area along the south property line, remove the existing fence and play area along Aldine Avenue, and replace it with new landscaping materials. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property was built to accommodate a much larger school and is currently served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities.The existing water and sewer facilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability 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 provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The property was designed for a larger school and already includes the accessory parking lot.The parking lot circulation is designed to allow vehicles to enter the parking lot via one of two existing driveways on Alfred Avenue and proceed to exit the parking lot via one driveway access on Aldine Avenue. The proposed preschool will be in operation Monday —Friday, 6:30 am — 6:00 pm when little or no church programs take place. While the preschool is only required to have a total of ten parking spaces, the school will have access to the entire on-site parking lot with 48 parking spaces. The short-term pick-up and drop-off parking will take place in the parking lot. The proposed fence for the new outdoor play area will result in the loss of two parking spaces,reducing the total number of parking spaces on site from 50 to 48. This exceeds the zoning requirement for parking as the property is required to have a total of 46 parking spaces. D. 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. - 5 - Recommendation & Findings of Fact Petition 30-16 February 6, 2017 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. A church has been located on this property since 1939. The school addition was constructed in 1961. Since then, the church and the school have been an integral part of the neighborhood. Since 2012, the school building has been vacant. The proposed preschool represents a desirable reuse of the existing school building that will stabilize the neighborhood filling a partially vacant building. No evidence has been submitted or found that the proposed conditional use will be operated in a manner that will exercise undue detrimental impact on surrounding properties. E. 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. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 30-16, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Taylor Family YMCA, as applicant,and Good Shepherd,as property owner,received December 22, 2016 and supporting documents including: a. Undated Statement of Purpose and Conformance, prepared by Taylor Family YMCA, received December 22, 2016; b. Undated letter titled Variance Request, Submitted for Good Shepherd Building, at 1111 Van Street, Elgin, IL 60123, received January 23, 2017; c. Undated letter titled Response Good Shepherd Van Street, received January 1, 2017; d. Undated letter titled Background Information Good Shepherd facility at 1111 Van Street, Elgin, received December 12, 2016; e. Undated Agreement for the Use of Good Shepherd Van Street Facilities, received December 12, 2016; f. Plat of Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyors, dated November 30, 2016; g. Undated Exhibit "D" GS Lower Level 1111 Van Street Plan, received December 22, 2016; - 6 - Recommendation & Findings of Fact Petition 30-16 February 6, 2017 h. Undated Site Plan, received January 17, 2017; and i. Fence Proposal and Contract, prepared by Fence Connection Inc., dated May 12, 2016; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A `do not enter' traffic sign must be installed at the Aldine Avenue access driveway prior to issuance of Certificate of Occupancy. 3. The playground equipment must be located a minimum of six feet from the west and south interior(transition) lot lines. 4. The existing four-foot high solid fence and playground equipment along Aldine Avenue must be removed prior to issuance of the Certificate of Occupancy. 5. The existing playground area along Aldine Avenue shall be replaced with grass and/or landscaping materials. 6. Compliance with all applicable codes and ordinances. The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was seven (7) yes, zero (0) no, and zero (0) abstentions.No members were absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning& Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission - 7 -