G31-12 Ordinance No. G31-12
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A RELIGIOUS ORGANIZATION
IN THE CC 1 CENTER CITY DISTRICT
(200 Prairie Street)
WHEREAS, written application has been made requesting conditional use approval for
an establishment of a religious organization in the CC Center City District; and
WHEREAS, the Planning and Zoning Commission 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 with 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 April 2, 2012, made by the Planning and Zoning Commission, 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 religious
organization in the CC1 Center City District at 200 Prairie Street and legally described as
follows:
Lot 10 in Block 13 of the original plat of Elgin, as laid out by James T. Gifford,
excluding therefrom any portion of the adjacent property commonly known as
127 S. Grove Avenue, Elgin, Illinois, in the City of Elgin, Kane County, Illinois
(Property commonly known as 200 Prairie Street),
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Discovery Church, dated received November 30, 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
ordinances shall supersede and control.
2. Substantial conformance with the Summary of Church Activities, dated received
March 9, 2012. In the event of any conflict between such Summary of Church Activities
and this ordinance or other applicable city ordinances, this ordinance or other applicable
city ordinances shall supersede and control.
•
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• 1 Substantial conformance with the Consent and Disclosure, dated received January 31,
2011. In the event of any conflict between such Consent and Disclosure and this
ordinance or other applicable city ordinances, this ordinance or other applicable city
ordinances shall supersede and control.
4. Substantial conformance with the following exhibits submitted by Discovery Church,
Inc., dated received January 4, 2012:
a. Plat of Survey, prepared by Dundee Engineering
b. First and Second floor plans
In the event of any conflict between such exhibits and this ordinance or other applicable
city ordinances, this ordinance or other applicable city ordinance shall supersede and
control.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
6. Compliance with all applicable codes and ordinances.
7. There being a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 which is within 100 feet
• of the subject property at 200 Prairie Street, pursuant to Ordinance No. G30-12 being
adopted simultaneously with this ordinance, the 100 foot restriction for the issuance of a
liquor license to sell alcoholic liquor at retail within 100 feet of a church or church
affiliated school as otherwise provided for in 235 ILCS 5/6-11(a) shall not apply to the
church or any church affiliated school at 200 Prairie Street and future retail liquor license
to be issued within 100 feet of such premises at 200 Prairie Street.
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.
David J. Ka in, Aayor
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Presented: May 9, 2012
. Passed: May 9, 2012 UggSFWMII 13
Vote: Yeas: 5 Nays: 0 < :-
Recorded: May 9, 2012
Published: May 11. 2012
Attest:
Kimberly Dewis, City Clerk
rte• April 2, 2012
FINDINGS OF FACT
'Planning and Zoning Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 04-12 Requesting a Conditional Use in the CC Center City District, to
Permit the Establishment of a Religious Organization (Church); Property Located at 200 Prairie
Street, by Discovery Church, Inc., as Applicant, and Rock Solid, LLC as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC 1 Center City District
Existing Use: Vacant Commercial Tenant Space
Property Location: 200 Prairie Street
�• Applicant: Discovery Church. Inc.
Owner: Rock Solid. LLC.
Staff Coordinator: Dave Waden. Senior Planner
LIST OF EXHIBITS
A. Aerial Photo/Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Environmental Map (see attached)
E. Site Photo's (see attached)
F. Statement of Purpose and Conformance, Application (see attached)
G. Draft Conditional Use Ordinance (see attached)
Exhibit A
• Findings of Fact Planning and Zoning Commission , --
Petition 04-12 April 2, 2012
BACKGROUND
An application has been filed by Discovery Church LLC requesting a conditional use to permit
the establishment of a religious organization (Church) in the CC1 Center City District. The
subject property is located at 200 Prairie Street(reference Exhibits A, B, C, D, and E).
The applicant is proposing to operate a church at the subject property. The proposed facility will
occupy approximately 16, 200 square feet of vacant tenant space. Church services will be held
on Sunday mornings at 9:30 and 11:00 a.m. and will be held on other religious holidays, which
may fall during the week such as Christmas, Easter, Good Friday, etc. Infant-care and child-care
services will be available within the premises and are only offered to parents attending its church
service.
In addition to church services, Discovery Church will conduct the following church-related
activities within the premises:
a. Administrative office hours will be Tuesday through Friday 9:00 a.m. to 5:00 p.m.
b. Group bible studies, held on Wednesdays between 7:00 p.m. and 8:30 p.m.
C. Worship team rehearsals, held on Thursdays between 6:30 p.m. and 8:30 p.m.
d. Weddings, wedding receptions and baptisms typically held on weekends.
e. As part of Discovery Church's outreach program, occasional Christian-based
• music programs. These programs would occur approximately 3-5 times a year and
will be held typically during the hours of 7:00 p.m. and 11:00 p.m.
f. A "coffee house"/"open mic" night program will typically occur on Friday and
Saturday evenings between the hours of 6:30 p.m. and 8:30 p.m.
g. Multiple church programs will be held ranging from financial assistance, faith
based programs, and English as a second language classes. Currently there are no
charges for these lessons. These programs will be offered on Tuesday,
.Wednesday during the hours of 6:30 p.m. and 8:30 p.m.
h. Private music lessons weekly for guitar, drums, keyboard, and vocal. These
programs would be offered on Monday and Tuesday during the hours of 6:30 p.m.
and 8:30 p.m.
i. Fitness classes designed for women would be held on Tuesday and Thursday from
6:00 p.m. and 7:30 p.m.
For many of these church programs, light refreshments will be sold. Concession stands will be
set up and run by different ministries within Discovery Church(such as our children's ministry)
and they will offer such items as candy, soda, water and coffee for donations at a nominal price
to raise money for the particular ministry. No alcoholic beverages will be sold or served.
Churches are conditional uses in the CC Center City District, and require a public hearing and
City Council approval (reference Exhibits F, and G).
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�- Findings of Fact Planning and Zoning Commission
r • Petition 04-12 April 2, 2012
GENERAL FINDINGS
After due notice, as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 04-12 on April 2, 2012. Testimony was presented at the
public hearing in support of the application. No objectors were present. The Community
Development Department submitted a Conditional Use Review dated march 29, 2012.
The Planning and Zoning Commission 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: F Commercial District
1950: E Commercial District
1960: F Industrial District
1962: B3 Service Business District
(* • 1992: B3 Service Business District
Present: CC 1 Center City District
The subject property was part of the original plat of Elgin which was laid out in 1842 by
James Gifford. The property was reclassified in 1992 to CC 1 Central District as part of a
comprehensive amendment to the zoning ordinance.
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 areas surrounding the subject property are zoned CC1 Center City District and
developed with a mix of commercial, residential uses, and a city owned parking structure
and city park.
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.
Findings of Fact Planning and Zoning Commission
Petition 04-12 April 2,2012
The subject property is located within an area which is developed with a mix of
commercial, residential, service related uses as well as a city owned parking structure and
city park.
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 CC1 Center City District is to facilitate the implementation of the
official comprehensive plan for the center city, as focused on a distinctive subarea of the
city with a common urban fabric. The CC zoning district provides for a concentration of
finance, service, retail, civic, office, and cultural 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.
• A church is classified as a conditional use in this CC 1 Center City District. The proposed i
business 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 CC 1 Center City District.
STANDARDS FOR CONDITIONAL USES
The Planning and Zoning Commission 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.
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property consists of approximately 0.28 acres and is located within the
Center City District, and contains one building that encompasses the entire lot. There are
no significant site 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.
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Findings of Fact Planning.and Zoning Commission
f • Petition 04-12 April 2, 2012
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.
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 bounded by Grove Avenue on the west, and Prairie Street to the
south. These are local roads that serve the subject property and form the basis of the
urban grid that has been established within the Center City District.
Directly to the north of the subject property is the Fulton Street parking deck which is a
city owned parking structure. Since the subject property is located within the Center City
District off-street parking is not required to be provided.
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 "Community Mixed Use" 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.
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
zonina 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.
Findings of Fact Planning and Zoning Commission
Petition 04-12 April 2, 2012
F. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of, or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property 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.
DECISION
The Planning and Zoning Commission recommends the approval of Petition 04-12. On a motion
to recommend approval of the conditional use, subject to the following conditions, the vote was
seven (7) yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by Discovery Church, dated received November 30, 2011.
S2. Substantial conformance with the Summary of Church Activities, dated received March
9. 2012.
3. Substantial conformance with the Consent and Disclosure, dated received January 31,
2011.
4. Substantial conformance with the following exhibits submitted by Discovery Church,
Inc., dated received January 4, 2012
a. Plat of Survey, prepared by Dundee Engineering
b. First and Second floor plans
5. That the 100-foot restriction set forth in section 6-11 of the Illinois Liquor Control Act,
235 ILCS 5/1-1 et seq. (the "Act), shall not apply with respect to the church and future
retail liquor licenses, such that future liquor license establishments shall not be prohibited
by the Act from locating within 100 feet of any church or church affiliated school located
at 200 Prairie Street.
6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
7. Compliance with all applicable codes and ordinances.
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Findings of Fact Planning and Zoning Commission
Petition 04-12 April 2,2012
Therefore, the motion to recommend approval of Petition 03-12 was adopted.
s/ Bob Siliestrom
Bob Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Denise Momodu, Secretary
Planning and Zoning Commission
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