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G46-10 (2) Ordinance No. G46-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILITY DISTRICT (525 Church Road) WHEREAS, written application has been made requesting conditional use approval for child daycare services in the CF Community Facility 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 July 7, 2010, 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 Child Daycare Services in the CF Community Facility District at 525 Church Road and legally described as follows: Section 3. Lot 32 of North Elgin Industrial Plaza, Elgin, Illinois, Kane County, Illinois. Also, That part of the Southwest Quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 33, Township and Range aforesaid; thence South 29 minutes West along the West line of the Northeast Quarter of said Southeast Quarter 1,153.50 feet to the Northerly line of Parcel N-4D-62 acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois, as Case 57-30; thence South 88 degrees 34 minutes East along said Northerly line 2,363.46 feet; thence North 1 degree 26 minutes East 650.06 feet; thence South 88 degrees 34 minutes East 463.97 feet to the Westerly line of a tract of land conveyed to the Illinois State Toll Highway Commission by deed dated October 4, 1957 and recorded October 28, 1957 in Book 1869, page 241 as Document 847718, for the point of beginning; thence North 88 degrees 34 minutes West 440.53 feet; thence North 10 degrees 01 minutes East 200 feet; thence South 88 degrees 34 minutes East 440.53 feet to the Westerly line of said Illinois State Toll Highway Commission tract; thence South 10 degrees 01 minutes West along Westerly line 200 feet to the point of beginning, in the City of Elgin, Township of Dundee, Kane County, Illinois (Property commonly known as 525 Church Road). • be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Betty Bajana-Sbarounis, Agape Academy Project Manager, dated received May 27, 2010. 2. The Agape Academy of St. Sophia Creek Orthodox Church will be restricted to the first floor of the existing St. Sophia Greek Orthodox Church, located at 525 Church Road. 3. The use of the first floor bathrooms and foyer shall be exclusive to the use of the daycare center during its hours of operation. 4. Compliance with all applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: October 13, 2010 Passed: October 13, 2010 •G'� ': '��C�` Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 14, 2010 f `r"c Published: `7 P Attest: Diane Robertson, City C rk r July 7, 2010 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 13-10 Requesting a Conditional Use in the CF Community Facility District, to Permit the Establishment of Child Daycare Services; Property Located at 525 Church Road, by Agape Academy of St. Sophia Greek Orthodox Church, as Applicant, and St. Sophia Greek Orthodox Church, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CF Community Facility District Existing Use: Vacant Space within the Church Property Location: 525 Church Road Applicant: Agape Academy of St. Sophia Creek Orthodox Church Owner: St. Sophia Creek Orthodox Church Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 13-10 July 7, 2010 H. Draft Conditional Use Ordinance (see attached) I. Related Correspondences (see attached) BACKGROUND An application has been filed by Agape Academy of St. Sophia Greek Orthodox Church, requesting a conditional use to permit the establishment of child daycare services in the CF Community Facility District. The subject property is located at 525 Church Road (reference Exhibits A, B, C, D, E, and F). The applicant is proposing to operate a child daycare facility at the subject property. The proposed facility will occupy approximately 1,500 square feet of vacant space within the existing church building. Child daycare services are conditional uses in the CF Community Facility District, and require a public hearing and City Council approval (reference Exhibits G, H, and I). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a ("' public hearing in consideration of Petition 13-10 on July 7, 2010. Testimony was presented at the public hearing in support of the application. Written objection were presented. The Community Development Group submitted a Conditional Use Review dated July 2, 2010. 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. 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: Outside City Limits 1950: Outside City Limits 1960: Outside City Limits 1962: Outside City Limits 1992: R2 Single Family Residence District and MI Limited Manufacturing Present: CF Community Facility District The subject property was annexed and zoned R2 Single Family Residence District and MI Limited Manufacturing in 1973. The property was rezoned to CF Community 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-10 July 7, 2010 r Facility District as part of the comprehensive amendment to the zoning ordinance in 1992. 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 use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area to the north of the subject property is zoned CF Community Facility District and is developed with a church. The areas to the south and on the eastside of Route 31 are zoned AB Area Business District and PAB Planned Area Business District and are developed with hotels, industrial and manufacturing uses. The areas to the west and southwest area zoned GI General Industrial District and are developed with industrial and manufacturing 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 subject property is located at the edge of an industrial area that offers business, service and retail 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, and location and size of the 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, and location and size of the zoning district. The purpose of the CF Community Facility district is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. eigibk 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-10 July 7, 2010 The proposed agency will provide a preschool education in a family setting within an Orthodox Christian environment. Agape Academy of St. Sophia will begin with serving only 10 toddlers in the first year, operated by 2 employees and meeting only twice a week from 9 a.m. to 12 p.m. Agape Academy would ultimately like to expand accommodating up to 20 students within the facility. Child day care services are an allowable conditional use in the CF Community Facility districts. The proposed Agape Academy will be located, designed and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of the CF Community Facility District. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: 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. ribh 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 86,000 square feet of lot area and is improved with the St. Sophia Creek Orthodox Church and related off street parking lot containing 50 parking stalls. B. 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 facilities. C. 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. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-10 July 7, 2010 The subject property is located at the southwest corner of Church Road and Toll Gate Road. Both Church Road and Toll Gate Road are local roads serving the subject property and the surrounding commercial and industrial properties. Access to the subject property is limited to Church Road. Off street parking is provided in conformance with the off street parking ordinance. D. 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 "Highway Commercial" by the City's Comprehensive PIan and Design Guidelines, dated 2005. Areas designated as 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 restaurant, auto-oriented uses such as tire stores, service stations, auto parts stores, and other along stand retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. E. 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 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. 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: Child day care services are an allowable conditional use in the CF Community Facility districts. The proposed Agape Academy will be located, designed 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 13-10 July 7, 2010 and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of the CF Community Facility District. B. Summary of Unresolved Issues. 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 13-10. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was five (5) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Betty Bajana-Sbarounis, Agape Academy Project Manager, dated received May 27, 2010. 2. The Agape Academy of St. Sophia Creek Orthodox Church will be restricted to the first floor of the existing St. Sophia Greek Orthodox Church, located at 525 Church Road. 3. The use of the first floor bathrooms and foyer shall be exclusive to the use of the daycare center during its hours of operation. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 13-10 was adopted. s/ Jack Roder Jack Roder, Chairman Pro Tem Zoning and Subdivision Hearing Board s/ David Waden David Waden, Secretary Zoning and Subdivision Hearing Board 6