G69-02 Ordinance No. G69-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
TO PERMIT THE ESTABLISHMENT OF A CHURCH
NB NEIGHBORHOOD BUSINESS DISTRICT AND
ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(660 Villa Street)
WHEREAS, written application has been made for a conditional
use for a planned development which will allow for the
construction of an addition to an existing nursing and personal
care facility in the CC2 Center City District and the ARC
Arterial Road Corridor Overlay District at 660 Villa 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 :
eft
Section 1 . That the City Council of the City of Elgin
hereby adopts the Findings of Fact, dated September 4 , 2002 , 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 planned
development which will allow for the establishment of a church in
the NB Neighborhood Business District and the ARC Arterial Road
Corridor Overlay District at 660 Villa Street and legally
described as follows :
THAT PART OF LOT 52 OF P .J. KIMBALL, JR' S . SECOND
ADDITION TO ELGIN, DESCRIBED AS FOLLOWS : BEGINNING AT
THE INTERSECTION OF THE WEST LINE OF DOUGLAS AVENUE WITH
THE NORTH LINE OF KIMBALL STREET; THENCE NORTH ALONG SAID
WEST LINE OF DOUGLAS AVENUE 77 FEET; THENCE WEST PARALLEL
WITH THE NORTH LINE OF KIMBALL STREET 134 FEET; THENCE
NORTH PARALLEL WITH SAID WEST LINE OF DOUGLAS AVENUE 40
FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE OF
KIMBALL STREET 66 . 4 FEET TO THE WEST LINE OF SAID LOT 52 ;
THENCE SOUTH ALONG SAID WEST LINE 117 FEET TO THE NORTH
LINE OF KIMBALL STREET; THENCE EAST ALONG SAID NORTH LINE
OF KIMBALL STREET 200 FEET TO THE POINT 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 submitted by Guillermo Mendoza,
undated.
2 . Substantial conformance to the Site Plan,
prepared by the Community Development Group, dated
August 28, 2002 .
3 . Substantial Conformance to the Preliminary
Landscape Plan, prepared by the Community Development
Group, and dated September 13 , 2002 .
4 . The existing gravel parking lot shall be
improved with a paved parking lot developed in
substantial conformance with the site plan within one
year of the issuance of a certificate of occupancy.
5 . The maximum occupancy for any one service shall
be no more than 64 patrons and 2 employees .
6 . The applicant shall provide landscaping and/or
fencing to provide a visual and acoustic buffer from the
property to the north in conformance with the Preliminary
Landscape Plan. Compliance with this condition is
required within one year of the issuance of a certificate
of occupancy.
7 . Substantial conformance with the Building
Elevations for Petition 45-02 , prepared by the Community
Development Group.
8 . Substantial conformance with the Freestanding
Sign Elevation, submitted by Guillermo Mendoza, and dated
September 19, 2002 .
9 . Compliance with all other applicable codes and
ordinances .
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.
i's-icapeZ
""� Ed Cc ock, Mayor
Presented: October 9, 2002
eft Passed: October 9, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: October 10, 2002
Published:
Attest :
Dolonna Mecum, City Clerk
eift
r
(lb* September 4,2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 45-02 Requesting a Conditional Use for a Planned
Development to Permit the Establishment of a Church in the NB Neighborhood Business
District and the ARC Arterial Road Corridor District; Property Located at 660 Villa
Street by Guillermo Mendoza, as Applicant, and Mission Apostolica, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: ARC Arterial Road Corridor District
NB Neighborhood Business District
rk. Intended Use: Church
Property Location: 660 Villa Street
Applicant: Guillermo Mendoza
Owner: Mission Apostolica
Staff Coordinator: Lauren Kieck, Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photograph (see attached)
E. Site Photographs (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
BACKGROUND
An application has been filed by Guillermo Mendoza, requesting a conditional use for a
planned development in the NB Neighborhood Business District and the ARC Arterial
Road Corridor District. The subject property is located at 660 Villa Street (reference
Exhibits A,B, C, D and E).
The applicant purchased the property with the intent of establishing a church. Churches
are not a permitted use in the NB Neighborhood Business District. Accordingly, the
applicant is requesting approval of a conditional use for a planned development to permit
the establishment of a church at the subject property. In exchange for the granting of the
requested conditional use, the applicant has agreed to replace the existing gravel parking
area with a new conforming parking lot within12 months of approval (reference Exhibits
F and G).
The purpose of the provisions which permit planned developments as a conditional use is
to provide the ultimate element of flexibility in the zoning ordinance. Under these
provisions, an applicant can literally request anything for the consideration of the Zoning
Board and the City Council. Accordingly, each request made under these provisions
should be highly scrutinized with respect to the standards for planned developments.
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 45-02 on September 4, 2002. The
applicant testified at the public hearing and presented documentary evidence in support of
the application. No objectors spoke at the public hearing and no written correspondence
has been submitted. The Community Development Group submitted a Conditional Use
Review dated August 23, 2002.
The Zoning and Subdivision Hearing Board has made the following findings concerning
the standards for a conditional use for a planned development:
A. Site Characteristics Standard. The suitability of the subject property for the
intended conditional use for a planned development, with respect to its size, shape
and any existing improvements.
Findings: The subject property is suitable for the proposed planned development
with respect to the site characteristics standard.
The subject property is an irregularly shaped property containing 25,239 square
feet of lot area. The property is improved with a commercial building and both
gravel and paved vehicle use areas.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
B. Sewer and Water Standard. The suitability of the subject property for the
intended conditional use for a planned development with respect to the
availability of adequate water, sanitary treatment and stormwater control
facilities.
Findings: The subject property is suitable for the proposed planned development
with respect to the sewer and water standard.
The subject property is served with municipal water, sanitary sewer, and storm
water control facilities.
C. Traffic and Parking Standard. The suitability of the subject property for the
intended conditional use for a 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 proposed planned development
with respect to the traffic and parking standard.
The subject property is at the intersection of Villa Street and Illinois Street. Villa
Street is an arterial street serving the east side of Elgin. Illinois Street is a local
street serving the surrounding neighborhood.
For the first year of occupancy, the church would comply with the required
number of off street parking stalls, although on a nonconforming gravel surface.
Within one year of occupancy, paved off street parking will be provided in
conformance with the zoning ordinance.
D. Zoning History Standard. The suitability of the subject property for the
proposed 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 conditional use for a
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: Out of City
1950: Out of City
1960: D Commercial District
1962: B-1 Retail Business District
1992: B-1 Retail Business District
Present: NB Neighborhood Business District
E. Surrounding Land Use and Zoning Standard. The suitability of the subject
property for the intended conditional use for a planned development with respect
to consistency and compatibility with surrounding land use and zoning.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
Findings: The subject property may be suitable for the proposed planned
development with respect to the surrounding land use and zoning standard.
The area to the north of the subject property is zoned CF Community Facility
District and is developed with residential land uses.
The area to the south, east and west are zoned NB Neighborhood Business
District. A furniture store is located directly south of the subject property.
Directly west of the site is a gas station, and a two family dwelling is directly east.
F. Trend of Development Standard. The suitability of the subject property for the
intended conditional use for a planned development 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 proposed planned development
with respect to the trend of development standard.
The subject property is located on the edge of an established neighborhood
business center providing convenience goods and services to the surrounding
residential neighborhoods.
G. Zoning District Standard. The suitability of the subject property for the
intended conditional use for a 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 of the NB Neighborhood Business District is to provide for
commercial areas supplying daily convenience commodities and services to a
neighborhood population. The scale of development of an NB zoning district is
limited by the applicable site design regulations due to its function and resulting
close proximity to residences.
Findings. The subject property is suitable for the intended conditional use for a
planned development with respect to conformance to the provisions for the
purpose and intent, and the location and size of a zoning district.
While not a permitted use within the NB zoning district, churches should be
located on the periphery of a neighborhood, so as to not draw traffic into the
neighborhood. Accordingly, the location of a church at the subject property is
appropriate. Additionally, the church has agreed to provide an improved parking
area for the site within one year of this approval.
H. Conditional Use for a Planned Development Standard. The suitability of the
subject property for the intended conditional use for a planned development with
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• Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
respect to conformance to the provisions for the purpose and intent of planned
developments.
No conditional use for a planned development should be granted for the sole
purpose of introducing a land use not otherwise permitted on the subject property.
The purpose and intent of the provisions for planned developments is to
accommodate unique development situations. For planned developments as a
conditional use, 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. The public benefit realized by the establishment of the planned
development is greater than if the property were to remain subject to the
standard requirements of the zoning district in which it is located.
3. Extraordinary conditions or limitations governing site design, function,
operation, and traffic are imposed on the planned development.
Findings: The subject property is suitable for the intended conditional use for a
planned development with respect to conformance to the purpose and intent of a
conditional use for a planned development.
Conditions regarding the site design and function of the church will be imposed
on the proposed planned development. The church will be limited to a maximum
congregation size of 64 patrons during any one service so as to ensure that there is
adequate parking on site to serve the church's patrons. Additionally, the applicant
has agreed to provide a paved parking lot within one year of approval.
Comprehensive Plan Standard. The suitability of the subject property for the
intended conditional use for a 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 proposed planned development
with regard to the comprehensive plan standard.
The subject property is designated as a "Neighborhood Center" by the Official
Comprehensive Plan of Elgin (1983). This designation represents those areas of
the city designated as appropriate areas for businesses providing daily
convenience goods and services. The proposed church is appropriate for this
designation.
J. Natural Preservation Standard. The suitability of the subject property for the
intended conditional use for a planned development with respect to the
preservation of all significant natural features including topography,watercourses,
wetlands, and vegetation.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
Findings: The subject property is suitable for the proposed planned development
with regard to the natural preservation standard.
Other than some existing vegetation located along the property lines of the subject
property, there are no significant natural features worthy of preservation.
K. Internal Land Use Standard. The suitability of the subject property for the
intended conditional use for a 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 proposed planned development
with regard to the internal land use standard.
No evidence has been submitted or found that the proposed planned development
will be located, designed, or operated in a manner that will exercise undue
detrimental influence on itself or surrounding property.
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following
findings,unresolved issues, and alternatives:
A. Summary of Findings.
1. Positive Attributes. Conditions regarding the site design and function of
the church will be imposed on the proposed planned development. The
church will be limited to a maximum congregation size of 64 patrons
during any one service so as to ensure that there is adequate parking on
site to serve the church's patrons. Additionally, the applicant has agreed
to provide a paved parking lot within one year of approval.
2. Zoning District. 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.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, denial, or an approval with some combination of conditions,
there are no substantive alternatives.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 45-02 September 4, 2002
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends approval of Petition 45-
02. On a motion to recommend approval of Petition 45-02, subject to the following
conditions,the vote was six(6)yes and zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance
submitted by Guillermo Mendoza, undated.
2. Substantial conformance to the Site Plan, prepared by the Community
Development Group, dated August 28, 2002.
3. The existing gravel parking lot shall'be improved with a paved parking lot
developed in substantial conformance with the site plan.
4. The maximum occupancy for any one service shall be no more than 64
patrons and 2 employees.
5. The applicant shall provide landscaping and/or fencing to provide a visual
and acoustic buffer from the property to the north.
6. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 45-02 was adopted.
2/€4'e
Robert Langlois, Chai Ian
Zoning and Subdivision Hearing Board
David Sundland, Secr t
Zoning and Subdivision Hearing Board
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