G4-08 r ,
Ordinance No. G4-08
AN ORDINANCE
GRANTING A CONDITIONAL USE
TO PERMIT THE ESTABLISHMENT OF A CHURCH
(263 DuPage Street)
WHEREAS, written application has been made for a conditional use for a planned
development which will allow for the establishment of a church within the CC2 Center City
District at 263 DuPage 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, dated December 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 for a planned development which will allow for
the establishment of a church within the CC2 Center City District at 263 DuPage Street and
legally described as follows:
The North half of Lot 2, except the East 33.0 feet thereof and all of lots 3,
4 and 5 of James T. Gifford's Plat of the original town of Elgin, in the City
of Elgin, Kane County, Illinois (Property commonly known as 263
DuPage Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance
prepared by Ivette Garcia, dated October 29, 2007.
2. Substantial conformance to the First Floor Plan and Second Floor Plan,
submitted by Ivette Garcia, dated October 29, 2007.
3. Iglesia Principe De Paz shall not provide worship services in the
temporary second floor sanctuary or rotunda structure until conformance
p with the building and fire codes is achieved.
r► 4. Compliance with all other applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within two years 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.
Ed Schock, Mayor
Presented: January 9, 2008
Passed: January 9, 2008
Vote: Yeas: 7 Nays: 0
Recorded: January 10, 2008
Published:
Attest:
Diane Robertson, City\Clerk
December 5, 2007
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 64-07 Requesting a Conditional Use in the CC2 Center City District, to
Permit the Establishment of a Church;Property Located at 263 DuPage Street,by Iglesia Principe De
Paz, as Applicant, and George Garcia, Raul Padilla, Ronald Flores and Iglesia Principe De Paz as
Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC2 Center City District
Existing Use: Office Use and Partially Vacant
Proposed Use: Church
Property Location: 263 DuPage Street
Applicant: Iglesia Principe De Paz
Owner: George Garcia,Raul Padilla,Ronald Flores,Iglesia Principe De Paz
Staff Coordinator: Jan Ward, Senior Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photograph (see attached)
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E. Environmental Map (see attache.
EXiMENT
Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
H. Floor Plans (see attached)
I. Draft Conditional Use Ordinance (see attached)
J. Standards for Conditional Use (see attached)
BACKGROUND
An application has been filed by Iglesia Principe De Paz, requesting a conditional use in the CC2
Center City District to permit the establishment of a church. The property is located at 263 DuPage
Street (reference Exhibits A, B, C, D, and E).
The applicant proposes to establish a church in the vacant building at the southeast corner of DuPage
Street and Villa Street. Once the interior of the building is renovated, the church will occupy the
entire structure. The church will offer worship and fellowship services,bible study,youth programs,
and conferences,performances,functions,and meetings associated with the church. Church meeting
rooms will be available for use by community organizations in Elgin(reference Exhibits F and G).
The applicant needs conditional use approval for a church to be allowed in the CC2 Center City
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 64-07 on December 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 November
30, 2007.
The Zoning and Subdivision Hearing Board has made the following general findings:
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.
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Findings of Fact Zoning and Subdivision Hearing Board
e'` Petition 64-07 December 5, 2007
F. Site Photos (see attached)
G. Statement of Purl ose and Conformance (see attached)
H. Floor Plans (see attached)
I. Draft Conditional Use Ordinance (see attached)
J. Standards for Cot Lditional Use (see attached)
BACKGROUND
An application has been filed by Iglesia Principe De Paz, requesting a conditional use in the CC2
Center City District to pe mit the establishment of a church. The property is located at 263 DuPage
Street (reference Exhibits A,B, C,D, and E).
The applicant proposes tc establish a church in the vacant building at the southeast corner of DuPage
Street and Villa Street. Once the interior of the building is renovated,the church will occupy the
entire structure. The chat eh will offer worship and fellowship services,bible study,youth programs,
and conferences,performances,functions,and meetings associated with the church. Church meeting
rooms will be available f or use by community organizations in Elgin(reference Exhibits F and G).
The applicant needs con litional use approval for a church to be allowed in the CC2 Center City
District. The purpose an 1 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 requi red by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration+>f Petition 64-07 on December 5,2007.The applicant testified at the public
hearing and presented d acumentary evidence in support of the application. No objectors were
present. The Community Development Group submitted a Conditional Use Review dated November
30, 2007.
The Zoning and Subdivi;;ion Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
. conditional use v,ith respect to the length of time the property has remained undeveloped or
unused in its can ent zoning district.
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Findings of Fact Zoning and Subdivision Hearing Board
�,. Petition 64-07 December 5, 2007
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: E Commercial District
1950: D Commercial District
1960: D Commercial District
1961: D Commercial District
1962: B3 Service Business District
1992: B3 Service Business District
Present: CC2 Center City District
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.
(1111k. The subject property is located at the southeast corner of Villa Street and DuPage Street.
This property and surrounding land uses are zoned CC2 Center City District. The area is
developed mainly with commercial, business, single and multi-family residential, and
institutional land uses.
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 Center City has developed with a mix of business, residential, and institutional uses.
The subject property is located within this traditional downtown development.
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
conformance to the provisions for the purpose and intent of a zoning district.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
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 sub-area of the city with a
common urban fabric. The CC2 zoning district provides for a concentration of finance,
service, retail, civic, office, and cultural uses in addition to complementary uses such as
hotels, entertainment and housing. The development standards are intended to encourage a
mix of activity in the area while providing for quality development that maintains a sense of
history, human scale and pedestrian-oriented character. The development standards are
intended to promote a transition between the more intense development in the CC2 zoning
district and the residential neighborhoods surrounding the center city.
Churches are classified as a conditional use in the CC2 Center City District. The intent of
the conditional use process is to ensure the protection of public health, safety and welfare.
The proposed church conforms to the purpose and intent of this regulation. Iglesia Principe
De Paz provides worship and fellowship services and programs for parishioners and the
community.
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.
Findings.The subject property is suitable for the intended conditional use with respect to the 4111)
site characteristics standard.
The subject property is an historic landmark, built as a church in 1892. The building
contains approximately 9,300 square feet of floor area. The auditorium, which includes a
stage,sanctuary,and balcony,occupies approximately 5,000 square feet of the building.The
two-story office structure,which includes offices,a meeting room/temporary sanctuary,and
kitchen,occupies approximately 3,500 square feet of the total building. An 800 square foot
reception area connects the rotunda and office structure.
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 with municipal water,sanitary sewer,and storm water control
facilities.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
The purpose of the:CC2 Center City District is to facilitate the implementation of the official
comprehensive ply m for the center city,as focused on a distinctive sub-area of the city with a
common urban fa brie. The CC2 zoning district provides for a concentration of finance,
service, retail, cis ic, office, and cultural uses in addition to complementary uses such as
hotels,entertainm ent and housing. The development standards are intended to encourage a
mix of activity in 1 he area while providing for quality development that maintains a sense of
history, human sc ale and pedestrian-oriented character. The development standards are
intended to promote a transition between the more intense development in the CC2 zoning
district and the re,:idential neighborhoods surrounding the center city.
Churches are clas;ified as a conditional use in the CC2 Center City District. The intent of
the conditional us a process is to ensure the protection of public health, safety and welfare.
The proposed church conforms to the purpose and intent of this regulation. Iglesia Principe
De Paz provides worship and fellowship services and programs for parishioners and the
community.
E. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use v ith respect to its size, shape, significant features including topography,
watercourses,ve€etation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to the
site characteristic; standard.
The subject property is an historic landmark, built as a church in 1892. The building
contains approxir lately 9,300 square feet of floor area. The auditorium,which includes a
stage,sanctuary,Ind balcony,occupies approximately 5,000 square feet of the building.The
two-story office s ructure,which includes offices,a meeting room/temporary sanctuary,and
kitchen,occupies approximately 3,500 square feet of the total building. An 800 square foot
reception area co]meets the rotunda and office structure.
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 si tbj ect property is suitable for the intended conditional use with respect to
the sewer and wa:er standard.
The subject prop(rty is served with municipal water,sanitary sewer,and storm water control
facilities.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
G. Traffic and Parking Standard. The availability 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 traffic and parking standard.
The subject property is located on DuPage Street and Villa Street. The proposed use will be
accessed from DuPage Street. Villa Street is an arterial corridor DuPage Street is a local
street,both serving the east side of Elgin.
Properties located within the CC2 Center City District are not required to provide off street
parking. Iglesia Principe De Paz will use on-street parking and parking decks, located on
Chicago Street and Fulton Street, for short-term parking needs.
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 "Community Mixed-Use Center" by the City's
Comprehensive Plan and Design Guidelines, dated 2005. Community Mixed-Use Centers
provide focus,identity and convenient goods and services,as well as some employment,for a
number of surrounding neighborhoods in a larger trade area. Downtown Elgin functions as a
unique community mixed-use center. Recommended land uses include a compatible mix of
residential, employment, educational, civic and office uses combined with a cultural and
entertainment center focus that extends activities throughout the day.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
i
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
1. Positive Attributes. The subject property is located in the CC2 Center City District.
Approval of the proposed church as a conditional use will allow Iglesia Principe De
Paz to relocate within Elgin and provide services to the Elgin community.
2. Location, Design, and Operation. 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 is classified as a conditional use in the CC2 Center City District. The intent
of the conditional use process is to ensure the protection of public health, safety and
welfare. The proposed church conforms to the purpose and intent of this regulation.
Iglesia Principe De Paz will offer worship and fellowship services to their
congregation and provide programs for Elgin residents.
B. Summary of Unresolved Issues.
illi)
There are no unresolved issues.
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 64-07. 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 to the Statement of Purpose and Conformance prepared by
Ivette Garcia, dated October 29, 2007.
2. Substantial conformance to the First Floor Plan and Second Floor Plan,submitted by
Ivette Garcia, dated October 29, 2007.
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Findings of Fact Zoning and Subdivision Hearing Board
is- Petition 64-07 December 5,2007
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and all ernatives:
1. Positive A`tributes. The subject property is located in the CC2 Center City District.
Approval l)f the proposed church as a conditional use will allow Iglesia Principe De
Paz to relc cate within Elgin and provide services to the Elgin community.
2. Location, .Design, and Operation. The subject property is suitable for the intended
conditions l use with respect to it being located, designed, and operated so as to
promote the purpose and intent of the zoning ordinance.
A church i s classified as a conditional use in the CC2 Center City District. The intent
of the conditional use process is to ensure the protection of public health,safety and
welfare. 7'he proposed church conforms to the purpose and intent of this regulation.
Iglesia Principe De Paz will offer worship and fellowship services to their
congregate on and provide programs for Elgin residents.
ra' B. Summary of Unresolved Issues.
There are no unre solved issues.
C. Summary of Alt;rnatives.
Other than an app:oval,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 64-07. On a
motion to recommend ap)roval of the conditional use,subject to the following conditions,the vote
was six(6)yes and zero 0) no:
1. Substanti<1 conformance to the Statement of Purpose and Conformance prepared by
Ivette Garcia, dated October 29, 2007.
2. Substantid conformance to the First Floor Plan and Second Floor Plan,submitted by
Ivette Gar aia, dated October 29,2007.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 64-07 December 5, 2007
3. Iglesia Principe De Paz shall not provide worship services in the temporary second
floor sanctuary or rotunda structure until conformance with the building and fire
codes is achieved.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
s/Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Sarosh Saher
Sarosh Saher, Secretary
Zoning and Subdivision Hearing Board
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