G22-97 Ordinance No. G22-97
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CHURCH
(270 Fulton Street)
WHEREAS, written application has been made for a CC2
Center City District conditional use for a church at 270 Fulton
Street; 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 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 for a church at
270 Fulton Street and legally described as follows :
THAT PART OF LOT 9 IN BLOCK 5 OF THE ORIGINAL
PLAT OF THE TOWN OF ELGIN ON THE EAST SIDE OF THE
RIVER, AS LAID OUT BY JAMES T. GIFFORD, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
LOT: THENCE RUNNING WESTERLY ALONG THE NORTHERLY LINE
OF FULTON STREET 48 FEET; THENCE NORTHERLY PARALLEL
WITH GENEVA STREET 89 FEET; THENCE EASTERLY PARALLEL
WITH THE NORTHERLY LINE OF FULTON STREET 48 FEET TO
THE WESTERLY LINE OF GENEVA STREET; THENCE SOUTHERLY
ON THE WESTERLY LINE OF GENEVA STREET 89 FEET TO THE
PLACE OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance prepared by John Larry
Phillips, dated March 20, 1997 .
2 . Compliance with all other applicable codes
and ordinances .
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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.
Kevin Kelly, M.,or
Presented: May 28, 1997
Passed: May 28, 1997
Omnibus Vote: Yeas 7 Nays 0
Recorded: May 29 , 1997
Published:
Attest:
Dolonna Mecum, City Clerk
May 7 , 1997
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 21-97 Requesting a Conditional Use for
a Church in the CC2 Center City District; Property located at
270 Fulton Street by the New Life Baptist Church, as Applicant
and by the Township of Elgin, as Owner.
BACKGROUND
An application has been filed by New Life Baptist Church,
requesting a conditional use for a church in the CC2 Center City
District. The subject property is located at 270 Fulton Street.
The applicant proposes to use existing building (G.A.R. Memorial
Hall) as a church.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision
Hearing Board held a public hearing in consideration of Petition
21-97 on April 16, 1997 . The applicant testified at the hearing
and presented documentary evidence in support of the application.
No objectors appeared at the hearing. No written correspondence
has been submitted. The Planning Department has submitted a
Conditional Use Review, dated April 4, 1997 .
The Zoning and Subdivision Hearing Board has made the following
findings concerning the requested conditional use:
A. Site Characteristics Standard. The suitability of the
subject property for the intended zoning district with
respect to its size; shape; significant natural features
including topography, watercourses and vegetation; and
existing improvements .
Findings. The subject property is comprised of 4,272 square
feet of land. The property is improved with 2, 000 square
foot building with an attached accessory garage.
Exhibit A
• •FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 21-97 _ May 7, 1997
B. Sewer and Water Standard. The suitability of the subject
property for the intended zoning district with respect to
the availability of adequate municipal water, wastewater
treatment and stormwater control facilities .
Findings. The subject property is served with sanitary
sewer and municipal water systems .
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 located on Fulton Street.
Fulton Street is a local street, serving the residential
neighborhood east of Geneva Street and downtown businesses
west of Villa Street. The property also has frontage on
Geneva Street, which is a local street serving various
institutional and business uses .
Land uses located within the CC2 Center City District and
located within 800 feet of a municipal off street parking
facility are not required to provide off street parking
provided that it is not physically possible to locate the
required off street parking facility on the subject
property. There is no space on the subject property for
parking, and there are two public parking facilities within
800 feet of the property.
D. Zoning History Standard. The suitability of the subject
property for the intended conditional use with respect to
the zoning history of the property.
Findings. The subject property was zoned as follows for the
years listed:
1927 E Commercial District
1950 D Commercial District
1962 B-3 Service Business District
1992 B-3 Service Business District
Present CC2 Center City District
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FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 21-97 May 7, 1997
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The subject property is nonconforming with respect to lot
area, lot width, setbacks, floor area, and building
coverage.
E. 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 located in the HP
Historic Preservation District.
The subject property is located on the edge of the
traditional downtown in a transitional area to the east side
and Gifford park neighborhoods .
The areas located north, west, and south of the subject
property are zoned CC2 Center City District.
A CF Community Facility District is located northeast of the
subject property.
The area located southeast of the subject property is zoned
RC3 Residence Conservation District.
F. Trend of Development Standard. The suitability of the
subject property for the intended conditional use with
respect to consistency with an existing pattern of
development or an identifiable trend of development in the
area.
Findings. The subject property is located on the edge of
the traditional downtown in a transitional area to the east
side and Gifford park neighborhoods .
G. Zoning Districts 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 the location and size of a zoning district.
Findings. The purpose of the CC2 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 city with a common urban fabric.
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FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 21-97 May 7, 1997
e.,
The CC2 Center City District should be located in
conformance to the official comprehensive plan for the
center city. No additional CC2 zoning district are to be
mapped subsequent to 1992 , unless such property to be mapped
adjoins an existing CC2 zoning district. There is no
maximum or minimum area of land, necessary to constitute the
CC2 Center City District.
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 designated as "downtown
commercial center" by the Official Comprehensive Plan of
Elgin.
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
emk as to promote the purpose and intent of the zoning
ordinance.
Finding. The proposed church is to be located, designed,
and operated so as to promote the purpose and intent of the
zoning ordinance.
J. Historic Preservation Standard. The suitability of the
subject property for the intended conditional use with
respect to making 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 a historic preservation plan and subject to the
provisions of Title 20, Designation and Preservation of
Historically and Architecturally Significant Property.
Finding. The subject property is located in the HP Historic
Preservation District. The Heritage Commission has
submitted a letter supporting the proposed church, dated
April 15, 1997 .
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FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 21-97 May 7, 1997
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RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval
of Petition 21-97 . On a motion to recommend the approval of
Petition 21-97 , subject to the following conditions, the vote was
four (4 ) yes, zero (0) no, and one ( 1) abstention:
1 . Substantial conformance to the Statement of Purpose and
Conformance prepared by John Larry Phillips, dated March
20, 1997 .
2 . Compliance with all other applicable codes and
ordinances .
Therefore, the motion to recommend the approval of Petition 21-97
was adopted.
a r.
s;O•
A. Bruce Trego, Chairman Pro em
Zoning and Subdivision Hearing Board
I's subol
Je Deering, Secretary
Zon g and Subdivision Hearing Board
eft.
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