G08-12 • Ordinance No. G8-12
AN ORDINANCE GRANTING A CONDITIONAL USE
TO PERMIT THE ESTABLISHMENT OF A PRESCHOOL CENTER
IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT
(195 Nesler Road)
WHEREAS; written application has been made granting a conditional use to permit the
establishment of a preschool center in the PCF Planned Community Facility District at 195 Nesler
Road: 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 January 4, 2012, 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 preschool center in the
PCF Planned Community Facility District at 195 Nesler Road and legally described as follows:
That part of Sections 17 and 18, Township 41 north, Range 8 east of the Third
Principal Meridian, described as follows: commencing at the southwest corner of
Moeller's Subdivision,a Subdivision of said section 17, and also being a point in the
center line of U.S. Route 20; thence northwesterly along said center line, being on a
curve to the right and having a radius of 4,326.96 feet, an arc distance of 296.90 feet;
(the chord of the last described curve bearing north 66 degrees 19 minutes 12 seconds
west, 269.86 feet); thence north 64 degrees 58 minutes 36 seconds west along said
center line, 170.08 feet; thence continuing north 64 degrees 58 minutes 36 seconds
west along said center line. 577.78 feet to the center line of Nesler Road: thence
south 31 degrees 41 minutes 01 seconds west along said center line, 475.20 feet; for
the point of beginning; thence continuing south 31 degrees 41 minutes 01 seconds
west, 646.15 feet; thence south 64 degrees 58 minutes 36 seconds east, 1218.07 feet;
thence north 21 degrees 24 minutes 53 seconds east along a line, if extended, would
intersect the southwest corner of Moeller's Subdivision aforesaid, a distance of
822.34 to a point 300.00 feet southwesterly of said southwest corner of Moeller's
subdivision (as measured along said extended line): thence north 67 degrees 16
. minutes 47 seconds west, 439.48 feet; thence south 21 degrees 27 minutes 30
• seconds west, 34.88 feet; thence north 64 degrees 58 minutes 43 seconds west;
373.91 feet:thence south 31 degrees 40 minutes 54 seconds west, 127.33 feet:thence
north 64 degrees 58 minutes 43 seconds west, 265.80 feet to the point of beginning;
(excepting therefrom that part of U.S. Route 20 dedicated for Roadway purposes by
document numbers 424677 and 1363891), in Elgin Township,Kane County, Illinois
(Property Commonly Known as 195 Nesler Road).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Good Shepherd Evangelical Lutheran Church
Development Application and Statement of Purpose and Conformance and
Attachments, submitted by Richard L. Heimberg, dated received December 1,
2011. In the event of any conflict between such Statement of Purpose and
Conformance and this ordinance or other applicable city ordinances, this
ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Good Shepherd Preschool Floor Plan and Good
Shepherd Outdoor Playground Area Plan, submitted by Richard L. Heimberg,
dated received November 9, 2011.
3. All refuse collection areas must be enclosed within six (6) foot high solid
masonry walls that match the brick and color tones of the principal building
structure. The materials to be used and the placement of the refuse collection
areas should be approved by the Community Development Department prior to
permit approval. The petitioner will have until spring to satisfy this condition
due to the weather.
4. Compliance with all 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.
m 'gz�'
David J. Kaptam, for
• Presented: February 8, 2012
Passed: February 8; 2012 •
Omnibus Vote: Yeas: 6 Nays: 0 ,,Resau
Recorded: February 8; 2012
Published: February 10; 2012
i..
Attest:
Kimberly Dewis, ity Clerk
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1
January 4, 2012
�• FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 31-I 1 Requesting a Conditional Use in the PCF Planned Community
Facility District, to Permit the Establishment of a Preschool Center; Property Located at 195
Nesler Road, by Good Shepherd Evangelical Lutheran Church, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PCF Planned Community Facility District
ARC Arterial Road Corridor Overlay District
Existing Use: Preschool Center
(. Property Location: 195 Nesler Road
Applicant/Owner: Good Shepherd Evangelical Lutheran Church
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 Photo (see attached)
E. Environmental Photo (see attached)
F. Site Photos (see attached)
l • G. Application, Statement of Purpose and Floor Plan (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-11 January 4, 2012
H. Draft Conditional Use Ordinance (see attached)
L. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Good Shepherd Evangelical Lutheran Church requesting a
conditional use to permit the establishment of a preschool center in the PCF Planned Community
Facility District. The subject property is located at 195 Nesler Road (reference Exhibits A, B,
C, D, E and F).
The applicant is requesting conditional use approval to operate a preschool/day care center at the
subject property. The applicant has been operating the preschool/day care center at the property
and has occupancy approval to do so as a legal non-conforming use. The business is licensed by
the State of Illinois Department of Children and Family Services. They are requesting this
conditional use approval to expedite future DCFS licensing of the preschool/day care operations.
A preschool/day care center is a conditional use in the PCF Planned Community Facility District
and requires a public hearing and City Council approval (reference Exhibits G, H and I).
• GENERAL FINDINGS AND INFORMATION
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 31-11 on January 4, 2012. Testimony was presented
at the public hearing and documentary evidence in support of the application was presented. No
objectors were present. The Community Development Department submitted a Conditional Use
Review dated December 29, 2011.
The Zoning and Subdivision Hearing Board considered the following information regarding the
property:
A. Zoning History. The subject property was zoned as follows:
1927: Out of City
190: Out of City
1960: Out of City
1962: Out of City
1992: Out of City
200 : PCF Planned Community Facility District
PAB Planned Area Business District
ARC Arterial Road Corridor Overlay District
• The subject property was annexed into the City of Elgin in 2005. At that time, the Good
Shepherd Lutheran Church property was zoned PCF Planned Community Facility District -
Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-11 January 4, 2012
(Ordinance No. G66-06) and PAB Planned Area Business District (Ordinance No. G67-
05). Prior to annexation, the property was located in unincorporated Kane County and
zoned for farming.
A church with a preschool was constructed on the subject property in the county prior to
the church's annexation into the city. The applicant wanted to annex to Elgin in order to
be served with municipal water and sewer and to subdivide the site to add a commercial
lot on the northern portion of the property adjacent to U.S. Route 20. The exterior
building materials were not in conformance with the guidelines of Elgin's
Comprehensive Plan. Staff met with representatives from the church and reached an
agreement that covered the issues of exposed exterior metal panels on the church's facade
and the need for rooftop mechanical equipment screening and additional landscaping.
B. Surrounding Land Use and Zoning. The property located north of the subject property
is zoned PAB Planned Area Business District and is developed with a bank and a commer-
cial development known as the Galleria. The land located in between these two buildings
is undeveloped.
The properties located southwest, west, and northwest of the subject property that are an-
nexed into the city and zoned PCF Planned Community Facility District, PSFR2 Planned
Single Family Residence District, and PMFR Planned Multifamily Residence District are
portions of West Point Garden Subdivision, a residential subdivision. The property that
. is zoned PAB Planned Area Business District is undeveloped.
The property to the south of the subject property is located in unincorporated Kane
County and is undeveloped.
The area located to the east of the subject property is zoned PSFR2 Planned Single
Family Residence District and PCF Planned Community Facility District and is
developed with Providence, a residential subdivision.
C. Trend of Development. The subject property is located within an area which is
developing with a mix of residential homes, commercial uses, and churches.
D. Zonina District. The purpose of the PCF Planned Community Facility District is to
provide a planned environment for various types of community facilities, subject to the
provisions of Chapter 19.60, Planned Developments. A PCF zoning district is most similar
to, but departs from the standard requirements of the CF zoning district.
The purpose of the Community Facility Districts 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.
Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-11 January 4, 2012
• ,r
In general, the purpose and intent of the provision for Planned Developments is to
accommodate unique development situations. For planned development districts, 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. A creative approach to the use of land and related improvements resulting in
better design and construction of aesthetic amenities.
3. The preservation of significant natural features including topography,
watercourses, wetlands, and vegetation.
Conditional use approval of the non-conforming preschool center grants the Good
Shepherd Lutheran Church approval for preschool child day care services as an allowable
conditional use in the PCF Planned Community Facility District. The Good Shepherd
Lutheran Preschool 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 PCF Planned Community Facility District.
The preschool opened in 2005 with 27 students and two classrooms and has since grown
in size to 9') students and four classrooms. The maximum capacity for the preschool is
120 students. Good Shepherd Lutheran Preschool classes begin at 8:00 a.m. Extended
care is available from 7:15 a.m. until classes begin 45 minutes later. Extended care takes
over again after the morning session ends at 11:00 a.m. and runs until 6:00 p.m.
Good Shepherd Preschool offers a variety of programs developed with the intent of
providing an environment that helps the student develop Christian values and promote
positive attitudes towards self and peers. It encourages the child's cooperation towards
adults, family, church, and community. The curriculum is Christ-centered and provides
active learning experiences for the child. The religious curriculum includes daily Jesus
time, prayers before snack and lunch, monthly Chapel, quarterly mission projects, and
singing in the Sunday Church service several times a year. In teaching the program, a
multi-sensory approach is used - along with role play and modeling and coaching - to
prepare the child to understand new concepts, language and pre-reading experiences, and
to lay a foundation for more complex learning and for social development.
The Preschool offers their variety of programs according to the age of the child. The
programs include:
Three Year Old Preschool (Tuesday -Thursday 8:00-11:00 a.m.);
Four Year Old Preschool (Monday, Wednesday, and Friday 8:00-11:00 a.m.);
• Prekindergarten for 4 Year Olds and 5 Year Olds (Monday-Friday 8:00- 2:45
p.m.)..
• Mixed-Age A.M. & P.M. Program; 3 Year-5 Year Olds (Monday-Friday 8:00
• a.m./12:00 p.m. - 3:00 p.m.); and
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-11 January 4, 2012
CIO Kindergarten for 5 Year Olds on or before September 1St (Monday-Friday 8:00
a.m. — 3:00 p.m.).
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
conditional use standards:
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.
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property is an irregularly shaped parcel containing approximately 19 acres of
land. The property is improved with a church /preschool building, an outdoor meditation
sitting.area, a fenced in play area, paved vehicle use areas, and landscaping. There is a
detention pond area that runs along a portion of the west side of the lot.
There are no significant natural features located on the site.
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 and sanitary sewer systems.
Stormwater control facilities have been designed to serve the property in accordance with
the City of Elgin and Kane County Stormwater Management Ordinances.
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.
The subject property is located just south of the southeast intersection at U.S. Route 20
and Nesler Road.
4,
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-11 January 4; 2012
Nesler Road is an arterial road extending from U.S. Route 20 on the north to Bowes Road
on the south and serves the west side of Elgin and the surrounding region. U.S. Route 20
is a regional arterial street serving the greater Chicago metropolitan area.
Nesler Road supplies primary access to and from the subject property. Access can be
gained to and from U.S. Route 20 by using controlled access drives at The National Bank
and the Galleria north of the subject property. Easement agreements exist between the
subject property and these properties to the north that allow,shared access and parking lot
interconnections between them.
Off street parking will be provided in conformance with the off street parking ordinance.
D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use tii;ith 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 "Low Density Residential- (2.1 dwelling units to 4
dwelling units per net acre), "Community Mixed Use", and "Transportation Corridor' by
the City's Comprehensive Plan and Design Guidelines dated 2005. In the low density ;
residential land category, neighborhood commercial centers are listed under other uses
that are allowed. The community mixed use land designation calls for uses that provide
focus, identity, and convenient goods and services, as well .as some employment, for a
number of surrounding neighborhoods in a larger trade area. Transportation corridor
designations are intended to optimize public transit and to move people in a timely and
efficient manner.
The proposed preschool plan for the subject property is in keeping with the goals,
objectives, and policies of the comprehensive plan designation. The preschool offers
services to the residents that meet the daily service needs of the residents in the
immediate area as well as in the surrounding neighborhoods.
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 so
as to promote the pui pose 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 31-11 January 4; 2012
F. -Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvenzent to a designated
landmark or property located in a designated historic district while preserving those .
portions and features of the propery; which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The subject property is not located within a designated historic district.
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: Conditional use approval of the non-conforming preschool center
grants the Good Shepherd Lutheran Church approval for preschool child day care
services as an allowable conditional use in the PCF Planned Community Facility District.
The Good Shepherd Lutheran Preschool 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 PCF Planned Community
Facility District.
The preschool opened in 2005 with 27 students and two classrooms and has since grown
in size to 93 students and four classrooms. The maximum capacity for the preschool is
120 students. Good Shepherd Lutheran Preschool classes begin at 8:00 a.m. Extended
care is available from 7:15 a.m. until classes begin 45 minutes later. Extended care takes
over again after the morning session ends at 11:00 a.m. and runs until 6:00 p.m.
Good Shepherd Preschool offers a variety of programs developed with the intent of
providing an environment that helps the student develop Christian values and promote
positive attitudes towards self and peers. It encourages the child's cooperation towards
adults, family, church, and community. The curriculum is Christ-centered and provides
active learning experiences for the child. The religious curriculum includes daily Jesus
time, prayers before snack and lunch, monthly Chapel; quarterly mission projects, and
singing in the Sunday Church service several times a year. In teaching the program, a
multi-sensory approach is used - along with role play and modeling and coaching - to
prepare the child to understand new concepts, language and pre-reading experiences, and
to lay a foundation for more complex learning and for social development.
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7
Findings of Fact Zoning and Subdivision Hearing Board
Petition 31-I I January 4, 2012
The Preschool offers a variety of programs according to the age of the child. The
programs include:
• Three Year Old Preschool (Tuesday-Thursday 8:00-11:00 a.m.).
Four Year Old Preschool (Monday, Wednesday; and Friday 8:00-11:00 a.m.):
Prekindergarten for 4 Year Olds and 5 Year Olds (Monday-Friday 8:00- 2:45
P.M.)..
• Mixed-Age A.M. & P.M. Program; 3 Year-5 Year Olds (Monday-Friday 8:00
a.m./12:00 p.m.-3:00 p.m.); and
• Kindergarten for Year Olds on or before September 1St (Monday-Friday 8:00
a.m. - 3:00 p.m.).
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 31- 11, subject
to the following conditions:
1. Substantial conformance to the Good Shepherd Evangelical Lutheran Church
Development Application and Statement of Purpose and Conformance and Attachments,
submitted by Richard L. Heimberg, dated received December 1, 2011. In the event of
any conflict between such Statement of Purpose and Conformance and this ordinance or
other applicable city ordinances, this ordinance or other applicable city ordinances shall
supersede and control.
2. Substantial conformance to the Good Shepherd Preschool Floor Plan and Good Shepherd
Outdoor Playground Area Plan, submitted by Richard L. Heimberg, dated received
November 9, 2011. V
3. All refuse collection areas must be enclosed within six (6) foot high solid masonry walls
that match the brick and color tones of the principal building structure. The materials to
be used and the placement of the refuse collection areas should be approved by the
Community Development Department prior to permit approval. The petitioner will have
until spring to satisfy this condition due to the weather.
4. Compliance with all applicable codes and ordinances.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 3 1-11 January 4, 2012
s/ Robert Lanalois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Dave Waden
Dave Waden; Secretary
Zoning and Subdivision Hearing Board
9