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G57-07 Ordinance No. G57-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR THE ESTABLISHMENT OF A CHURCH IN THE PRB PLANNED RESIDENTIAL BUSINESS DISTRICT (1210 Hunter Drive) WHEREAS, written application has been made requesting conditional use approval for a church in the PRB Planned Residential Business District; 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, dated September 5, 2007, 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 to permit the establishment of a church establishment in the PRB Planned Residence Business District at 1210 Hunter Drive and legally described as follows: Those Parts of the South East '/4 of the South East 1/4 of Section 7, and the Northeast 1/4 of the Northeast 1/4 of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian Lying Southerly of State Route 58, Northerly of Parkwood Unit No. 3 (as Recorded on November 15, 1976 as Document No. 23710265), Westerly of Hunter Drive (as Recorded in Document No. 22795963) and Easterly of a Line Commencing at a Point on the North Line of Parkwood Unit No. 3, 835.27 Feet West of the East Line of Section 7 and Running Thence Northerly to a Point on the South Right of Way Line of State Route 58, 830.89 Feet West of the East Line of Section 7, Said Parcel of Land More Particularly Bound and Described as Follows: Commencing at an Iron Pipe at the South East Corner of Said Section 7 and Running Thence North 02 Degrees 48 Minutes 32 Seconds West Along the East Line of Said Section 7, 390.90 Feet to the Southerly Right of Way Line of State Route 58; Thence South 86 Degrees 13 Minutes 27 Seconds West Along Said Southerly Right of Way Line 618.33 Feet to the Westerly Right of Way Line of Hunter Drive, as the Point of Beginning for the Tract to be Described; Thence Continuing South 86 Degrees 13 Minutes 27 Seconds West Along Said Southerly elPik Right of Way Line 212.56 Feet; Thence South 02 Degrees 23 Minutes 20 Seconds East 425.34 Feet to a Point on the North Line of Parkwood Unit 3, Said Point Being 835.27 Feet West of the East Line of Section 7; Thence North 83 Degrees 53 Minutes 49 Seconds East Along Said North Line of Parkwood Unit 3, 214.88 Feet to the Westerly Right of Way Line of Hunter Drive, Said Point Being 620.39 Feet Westerly of the East Line of Section 7; Thence North 02 Degrees 39 Minutes 18 Seconds West Along the West Right of Way Line of Hunter Drive 416.07 Feet to the Point of Beginning in the City of Elgin, Cook County, Illinois (Property Commonly Known as 1210 Hunter Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. 2. Substantial conformance with the Floor Plan, submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. 3. In this PRB Planned Residence Business District, the use and development of land and structures must conform to Ordinance No. G1-01 and shall be in substantial conformance with the following documents: Preliminary Plan, prepared by the U.S. Shelter Group, dated October 2, 2000, with a final revision date of November 13, 2000. Elevation and Office Plan, submitted by the U.S. Shelter Group, and dated September 20, 2000. Landscape Plan, prepared by Countryside Landscape Architects and Contractors, and dated October 5, 2000. 1. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 2. Compliance with all applicable codes and ordinances. elk 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. ?ecZeef. _ Ed Schock, Mayor Presented: October 10, 2007 Passed: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 11, 2007 Published: Attest: Diane Robertson, City Jerk r September 5, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 52-07 Requesting a Conditional Use in the PRB Planned Residence Business District,to Permit the Establishment of a Church;Property Located at 1210 Hunter Drive, by All Nation's Worship Center, as Applicant, and Crown Holdings Hunter Drive,LLC, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval PRB Planned Residence Business District Current Zoning: ARC Arterial Road Corridor Overlay District Existing Use: Vacant Commercial Proposed Use: Church and Publishing and Graphic Design Business Property Location: 1210 Hunter Drive Applicant: All Nation's Worship Center Owner: Crown Holdings Hunter Drive, LLC Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Environmental Map (see attached) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board , Petition 52-07 September 5, 2007 111.1) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by All Nation's Worship Center,requesting a conditional use in the PRB Planned Residence Business District to permit the establishment of a church. The property is located at 1210 Hunter Drive (reference Exhibits A, B, C, D, and E). The applicant is requesting to establish a church in the vacant building at the southwest corner of Summit Street and Hunter Drive. The church will occupy the entire building but the actual sanctuary area that the church members will worship in will be 936 square feet in size. The remainder of the building will be used for office space. The members of the church will meet for worship in the morning and in the evening on weekends. During the week,small groups will meet for prayer or for 1.811) counsel in the evening. On Monday through Friday,the church will be used as an office for church staff. The reverend and church staff will operate a small Christian publishing business and a computer graphic design business from this location, without the use of printing operations (reference Exhibits F, G, H, and I). The applicant needs conditional use approval for a church to be allowed in the PRB District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 52-07 on September 5,2007.The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated August 24, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: °11) 2 • Findings of Fact Zoning and Subdivision Hearing Board Petition 52-07 September 5, 2007 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: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: R4 General Residence District MFR Multiple Family Residence District Present: PRB Planned Residence Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned R4 General Residence District in April of 1971. The property was rezoned from the R4 District to the MFR Multiple Family Residence District as part of the comprehensive amendment to the zoning ordinance in 1992. It was rezoned from the MFR District to the PRB Planned Residence Business District in 2001 to permit the development of a commercial building on the property. 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 uses and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land uses and zoning. The subject property is located at the southwest corner of Hunter Drive and Summit Street and is zoned PRB Planned Residence Business District. The church,publishing business and graphic design business are compatible land uses with the surrounding land uses and zoning. Directly north of the subject property is a PRC Planned Residence Conservation District developed with the Kennington Square condominiums. A CF Community facility is located east of the subject property. This CF District is developed with a stormwater detention facility. Directly to the south of the subject property is the Parkwood subdivision, zoned RC1 Residence Conservation District and developed with single family residences. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 52-07 September 5, 2007 The property located west of the subject property, zoned SFR1 Single Family Residence District, is developed with single family residences. 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 a portion of the Summit Street corridor that has developed primarily with either residential or community facility land uses. A church is compatible with both the residential and community facility land uses. 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 of a zoning district. Findings. The subject property is suitable for the intended conditional use with respect to 4144)conformance to the provisions for the purpose and intent of a zoning district. The purpose of the PRB Residence Business District is to conserve the residential character of certain properties located within transportation corridors as designated by the Official Comprehensive Plan by providing various use alternatives,but with site design regulations in keeping with a planned residential environment, subject to the provisions of Chapter 19.60 Planned Developments. A PRB District is most similar to, but departs from the standard requirements of the RB zoning district. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC District is a zoning overlay district,and accordingly,a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. At this time, no exterior changes are being proposed for the subject property so the ARC District Standards are not applicable. E. 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. #111) 4 • , Findings of Fact Zoning and Subdivision Hearing Board Petition 52-07 September 5, 2007 Findings.The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing approximately 2 acres of land. The property is currently developed with an approximate 4,483 square foot commercial building and a parking lot that contains 66 parking spaces. The site is landscaped according to ordinance requirements. F. 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 and storm water control services. G. Traffic and Parking Standard. The availability of the subject property for the intended econditional 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 located at the southwest corner of Summit Street and Hunter Drive. Summit Street is an arterial road serving the east side of the city. Hunter Drive is a local street serving the Parkwood subdivision located south of the subject property. There are two points of access along Hunter Drive that serve the development. Off street parking will be provided in conformance with the off street parking ordinance. 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 suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as"Transportation Corridor"by the City's Comprehensive 5 Findings of Fact Zoning and Subdivision Hearing Board. Petition 52-07 September 5, 2007 Plan and Design Guidelines dated 2005. This category is intended to represent major arterial streets in the city, as well as the adjacent land uses. Development within a corridor may be higher in density,while the nature of development in the corridor should depend on a number of factors, including compatibility with adjacent and surrounding land uses. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. 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. 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. 414)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. Positive Attributes. The subject property is located within a portion of the Summit Street corridor that has developed primarily with either residential or community facility land uses. The site is south of Kennington Square condominiums and north of Parkwood subdivision. It is east of several single family residences and west of a stormwater detention facility. The church is compatible with the residential land uses and community facility land use that would surround it on this site. The subject property is designated as"Transportation Corridor"by the City's Comprehensive Plan and Design Guidelines dated 2005. The transportation corridor is intended to optimize public transit and to move people in a timely and efficient manner. The ability to move people in a timely and efficient manner will be beneficial to the church. B. Summary of Unresolved Issues. There are no unresolved issues. 411111) 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 52-07 September 5, 2007 C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 52-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was six (6) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. 2. Substantial conformance with the Floor Plan, submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. 3. The use and development of land and structures in this PRB Planned Residence Business District must conform to Ordinance No. G1-01 and must be in substantial conformance with the following documents: Preliminary Plan,prepared by the U.S. Shelter Group,dated October 2,2000, with a final revision date of November 13, 2000. Elevation and Office Plan, submitted by the U.S. Shelter Group, and dated September 20, 2000. Landscape Plan, prepared by Countryside Landscape Architects and Contractors, and dated October 5, 2000. 4. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 5. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. 7 Findings of Fact Zoning and Subdivision Hearing Board • Petition 52-07 September 5, 2007 41141) s/Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Denise Momodu Denise Momodu, Secretary Zoning and Subdivision Hearing Board 414) 8