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Home My WebLink AboutG28-18 Ordinance No. G28-18 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHURCH (28 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to establish a church at 28 Tyler Creek Plaza; and WHEREAS, the zoning lot with the building containing the premises at 28 Tyler Creek Plaza is legally described herein (the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and a church is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on May 7, 2018 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 AB Area Business 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 May 7, 2018, and the recommendations made by the Community Development Department and the Planning& 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 church is hereby granted for the property commonly known as 28 Tyler Creek Plaza and commonly identified by Kane County Property Identification Numbers (PINs) 06-03-376-015, 06-03-376-016, 06-03-376-017, and 06-03-376- 020, and legally described as follows: LOTS 3,4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION,BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT 1660686, IN KANE COUNTY, ILLINOIS PARCEL 2: EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1660687, AS AMENDED FROM TIME TO TIME,ON AND over LOTS 1 AND 2 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMBER ROAD, THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET;THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (commonly known as 1-60 Tyler Creek Plaza) 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 The Universal Church, as applicant, and J & J Covina Center Plc, as property owner, received December 21, 2017 and supporting documents including: a. A letter from The Universal Church,signed by David Micena Neto,Vice President, dated December 11,2017; b. Undated Supplement to Application for Special Use letter, received December 21, 2017; c. Plat of Survey, prepared by Alan J. Coulson, P.C., dated March 7, 2002; d. Proposed Floor Plan for The Universal Church, Sheet FOLHA: 01, dated October 27, 2017; e. Egress Plan and Floor Plan, Sheet Al, prepared for Tenant Occupancy for: Universal Church, dated February 7, 2018, received February 27, 2018; f. Undated Tyler Creek Plaza Tenant Inventory, received January 24, 2018; and g. Undated wall graphic plan, received January 24, 2018. 2 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. This grant of conditional use is limited to Tenant Space 28 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received January 24, 2018. 3. All exterior street graphics must comply with the zoning ordinance requirements. 4. 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 28 Tyler Creek Plaza. 5. 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. l avi e J. Kaptain, vr yor Presented: June 27, 2018 Passed: June 27, 2018 .F Omnibus Vote: Yeas: 9 Nays: 0 4 < Recorded: June 27, 2018 Published: June 28, 2018 x 11 A es /iiu , U.f1�4r1 imberly Dewis, ity ' ler 3 EXHIBIT A May 7, 2018 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 31-17, an application by The Universal Church, as applicant, and J &J Covina Center Plc, as property owner,requesting a conditional use to establish a church at the property commonly referred to as 28 Tyler Creek Plaza, zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 31-17 Property Location: 28 Tyler Creek Plaza Requested Action: Conditional Use for a church Current Zoning: AB Area Business District& ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District& ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial storefront Proposed Use: Church Applicant: The Universal Church Owner J &J Covina Center Plc Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map Recommendation & Findings of Fact Petition 31-17 May 7, 2018 C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND 3P 13 The Universal Church, as applicant, and J & J Covina Center 'r Plc, as property owner, are requesting a conditional use to • se establish a church at the property commonly referred to as 28 OFPICE swum $ Tyler Creek Plaza. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. U ilk 28 Tyler Creek Plaza is a vacant commercial space part of the Tyler Creek Plaza multi-tenant shopping center located at the IMO E northeast corner of Big Timber Road and N. McLean Boulevard. The 3,600-square foot commercial space is located north of the existing Butera food store. The location of this tenant space, at the back of the shopping center and •� away from Big Timber and McLean Boulevard,makes it less- j 74 desirable for typical retail uses that rely on high degrees of .ow visibility. ° ° ° Tyler Creek Shopping Center consists of 20 commercial KTM • tenant spaces in five buildings with 433 parking spaces. The largest tenants are Butera food store and First Community mou Bank. Other tenants include various retail service uses and uutiuy � � restaurants, such as Dunkin Donuts, Dairy Queen, and VARA)u.xuJ a Rosati's Pizza. Five commercial tenant spaces are currently LAA.A.r.! .AAAA.! vacant. 1A.A.A.1k! UkAA.!!) LPLAAR14.., u1.r.4.41' The applicant would complete only interior renovation to L1.0 accommodate the proposed use.The church would include the main assembly space with fixed seating for 100 patrons. An office,meeting room,and two storage rooms would be located a.� in the rear of the commercial space. A 250-square foot children's room would also be established to serve as a play Figure 2:Proposed Floor Plan space for children during church service. - 2 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 The applicant is not proposing any exterior changes to the building except for new signage, which would meet the zoning ordinance requirements. The proposed hours of operation would be 8:00 am - 8:00 pm Monday through Friday, 7:00 am— 9:00 am on Saturdays, and 9:00 am— 7:00 pm on Sundays. The church would hold service three times per day, Monday through Friday at 10:00 am, 4:00 pm and 7:00 pm; once on Saturdays at 7:30 am; and twice on Sundays at 10:00 am and 6:00 pm. The only employee would be the pastor who would also provide as-needed counseling services before and after the church services. The shopping center is owned by several property owners and is governed by private covenants (Declaration of Restriction and Reciprocal Easements) created in 1984 when the shopping center was constructed. The private covenants include a restriction that only commercial uses are permitted within the shopping center. Per the applicant,the owner of the subject commercial space and other owners of the shopping center have reached an agreement to amend the private covenants to allow the establishment of the proposed church. The proposed church is listed as a conditional use in the AB Area Business District, and requires the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History.The subject property was annexed to the city in 1966. Upon annexation, the property was zoned B-3 Service Business District. In 1983,the property was subdivided and the existing multi-tenant shopping center building was completed in 1984. In 1992,the property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. In 2001,the property became part of the ARC Arterial Road Corridor Overlay District. Over the years, the City Council approved three ordinances granting conditional use approval for various businesses within the shopping center. In 2011, Ordinance No. G28- 11 granted conditional use approval for a physical fitness facility at 24 Tyler Creek Plaza. In 2014, Ordinance No. G16-14 granted conditional use approval for accessory package liquor sales at 20 Tyler Creek Plaza(Butera food store). And in 2014, Ordinance No. G49- 14 granted conditional use approval for a physical fitness facility at 40 Tyler Creek Plaza. B. Surrounding Land Use and Zoning. The subject property is part of Tyler Creek Plaza shopping center located at the northeast corner of Big Timber Road and N. McLean Boulevard. The multi-tenant shopping center called Tyler Creek Plaza North is located directly to the north of the subject property and is also zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. A portion of the Hunter's Ridge Apartments complex is also located adjacent to the north and is zoned PRC Planned Residence Conservation District. - 3 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 The property adjacent to the east is zoned PRC Planned Residence Conservation District and ARC Arterial Road Corridor Overlay District and is improved with multi-family residences part of Hunter's Ridge Apartments complex. The properties to the south across Big Timber Road are zoned GI General Industrial District and are improved with several light-industrial and warehousing one-story buildings. The properties to the west across N. McLean Boulevard are zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The property at the northwest corner of Big Timber Road and N. McLean Boulevard is improved with a motor vehicle service station,while a 2.5-story Chase bank building is located directly to the north of the motor-vehicle service station. C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's 2005 Comprehensive Plan and Design Guidelines. Areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. D. Zoning District. The purpose and intent of the AB Area Business District is to provide commodities and services to several neighborhoods,and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC1 Center City District. E. Trend of Development.The subject property is located within Tyler Creek Plaza shopping center completed in 1984. There have not been any significant new developments in the immediate area in recent years. The most recent developments within the shopping center include interior renovations for new businesses,such as beauty salons and restaurants. Staff anticipates Tyler Creek Plaza will remain in its current configuration for the foreseeable future providing commercial space of various sizes to retail uses serving the surrounding neighborhoods. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 31-17 on May 7, 2018. Testimony was presented at the public -4 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings&Recommendation to the Planning&Zoning Commission dated May 7, 2018. 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: STANDARDS FOR CONDITIONAL USE 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. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use. The proposed church would occupy an existing, 3,600-square foot, vacant commercial space at the back of a multi-tenant shopping center. The applicant is not proposing to make any exterior changes to the building except for a new wall graphic, which will meet the zoning ordinance requirements. 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 and the subject commercial space are 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 sewer and water 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 is part of a multi-tenant shopping center with access to N. McLean Boulevard and Big Timber Road. The parking lot layout maintains a - 5 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 safe and efficient on-site and off-site vehicular circulation. The proposed use will not have any negative effect on the existing on-site and off-site traffic circulation. The existing multi-tenant shopping center is partially occupied. The existing tenants are a mix of retail uses including Butera food store, Elgin State Bank, and various restaurants including Rosati's Pizza, Dairy Queen Store, and Dunkin' Donuts. All tenants in the shopping center enjoy cross-parking and cross-access easement rights. A church is required to provide one parking spaces per four seats, plus one parking space per employee during the peak time. Based on the proposed layout, the proposed 3,600- square foot Universal Church is required to provide a total of 26 parking spaces. With the proposed church,and based on the existing mix of uses on the property,the shopping center is required to provide a total of 413 parking spaces. With 433 parking spaces available, the shopping center will continue to meet the zoning ordinance parking requirement. 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. 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. All business activities will be conducted on the interior of the commercial space. The hours of operation would be consistent with those of surrounding businesses. The church will provide service at 10:00 am, 4:00 pm and 7:00_pm Monday through Friday, at 7:30 am on Saturdays, and at 10:00 am and 6:00 pm on Sundays. Other counseling services would be provided as needed during normal business hours. Adequate parking would be available during the church's peak times. The applicant is not proposing to make any exterior changes to the building except for a new wall graphic which will meet zoning ordinance requirements. No evidence has been submitted or found that the proposed use will be located or operated in a manner that will exercise undue detrimental impact on surrounding properties. In fact,the proposed use will bring additional visitors to the shopping center which may result in increased business activity at the existing restaurants and retail shops. 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. - 6 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 31-17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by The Universal Church, as applicant, and J & J Covina Center Plc, as property owner, received December 21, 2017 and supporting documents including: a. A letter from The Universal Church,signed by David Micena Neto,Vice President, dated December 11, 2017; b. Undated Supplement to Application for Special Use letter, received December 21, 2017; c. Plat of Survey,prepared by Alan J. Coulson, P.C., dated March 7, 2002; d. Proposed Floor Plan for The Universal Church, Sheet FOLHA: 01, dated October 27, 2017; e. Egress Plan and Floor Plan, Sheet Al, prepared for Tenant Occupancy for: Universal Church, dated February 7, 2018, received February 27, 2018; f. Undated Tyler Creek Plaza Tenant Inventory, received January 24, 2018; and g. Undated wall graphic plan, received January 24, 2018. 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. This grant of conditional use is limited to Tenant Space 28 as depicted upon the Tyler Creek Plaza Tenant Inventory, dated received January 24, 2018. 3. All exterior street graphics must comply with the zoning ordinance requirements. 4. 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 six (6) yes, zero (0)no, and zero (0) abstentions. One member was absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission - 7 - Recommendation & Findings of Fact Petition 31-17 May 7, 2018 s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission - 8 - -..., 1 _ is I / F / . I :: . _1 1 3 1 Subject Property Petition 31 -17 • A r • 3 d 4- .It t ori S,` -�-de_ 1 1 t ,, lat A Y ! "' _ Byron Dr . • A n ") 1 OP i 10 ' -- , PEI , .. _ Ili G -- , ,I, ismassim Big Timber Rd I' ''+ Timber Dr' ms r • 1It yet { Imp i L - _ n= 1 EXHIBIT A Aerial/Location Map N W -dr E Map prepared by City of Elgin 0 40 80 160 240 320Feet Department of Community Development I N. TFR . \ a PMFR Subject Property Petition 31 -17 ogg I PRC I - i AB Byron Dr Legend 1... ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation C J O SFR1 Single Family Residence 1 C • OPSFR1 Planned Single Family Residence 1 0, O SFR2 Single Family Residence 2 m PSFR2 Planned Single Family Residence 2 OTRF Two Family Residence QPTRF Planned Two Family Residence Big Timber Rd O MFR Multiple Family Residence OPlanned Multiple Family Residence ORB RB Residence Business QPRB Planned Residential Business Timber Dr gm NB Neighborhood Business ®PNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business -CC1 Center City 1 -CC2 Center City 2 a -PCC Planned Center City -ORI Office Research Industrialftil -PORI Planned Office Research Industrial illGI General Industrial PGI Planned General Industrial -CI Commercial Industrial -CF Community Facility -PCF Planned Community Facility EXHIBITB Zoning Map N W110.-E S Map prepared by City of Elgin 0 55 110 220 330 440 Department of Community Development Feet I Subject Property / 28 Tyler Creek Plz. Petition 31 -17 Byron t o r - z 0603376015 0603376016 CO 4 Tyler Cr ek Plz 0603376017 C J 1 C OO 0603376020 017I Big Timber Rd Timber Dr I EXHBIITC Parcel Map N A City of Elgin o 30 60 120 180 240 Department of Community Development Feet EXHIBIT D SITE LOCATION 28 Tyler Creek Plaza Petition 31-17 X19 J 1. )ubject PropertIy - fig.. • • 400 eN. rr. Y '.Z �bt �� •., Y L - - J L� r •y 1 ♦ r IP r- a Ia. iiI �_ : L: :I' _. iiii=1 Bird's Eye View Looking North Location of 28 Tyler Creek Plaza Unit - ,.. - - _ }'. - . _ , . _ oite; , , ,....., , , , '<, :- CRAT ' . i+Y'7 _. — or I - lommilliliP II ■ • d 4 rte - - r t �' 4 -�,,• i ''j` _ Subject Property .ear:.; Bird's Eye View Looking South EXHIBIT D SITE LOCATION 28 Tyler Creek Plaza Petition 31-17 klik t — •� � g - . ....._ _. . 4' . ., - -- - \ 0 i , . .,� — z a . , e 1 . . . ..:►-- -•rA - -� ``\• ,... `i. • promploii A i ` air -� ', __ .., 1, , I.4'44. ` `t c ` i^J �w r �( t "s'«q c is e t I - CCI� c +� y� y - { + ts, ,. ,' �'- ' P _Jot _ . .t :mi.__ _,..._ _ __ • �w.� 7 .M . ._-_ _;• .- 6.- _____ Bird's Eye View Looking East • t viii r Existing Front Elevation: 28 Tyler Creek Plaza