G33-12 7
Ordinance No. G33-12
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AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A RELIGIOUS ORGANIZATION
IN THE CC CENTER CITY DISTRICT
(205 Fulton Street)
WHEREAS, written application has been made requesting conditional use approval for a
religious organization in the CC 1 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 Planning & Zoning Commission.
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 for a portion of the first floor of the premises
commonly known as 205 Fulton Street and legally described as follows:
Lots 7, 8 and 19 in Block 13 of the original Town of Elgin, on the East side of the
Fox River (excepting therefrom that part of said Lots 8 and 19, described as
follows: Commencing at the intersection of the East line of Spring Street with the
South line of Fulton Street; thence Easterly on the Southerly line of Fulton Street
to a point in the Southerly line of Fulton Street which is 36 feet Westerly from the
Northeast corner of said Lot 8; then Southerly parallel with the Easterly line of
said Lot 8 a distance of 44.86 feet; thence Westerly parallel with the South line of
Fulton Street to the Easterly line of Spring Street; thence Northerly along said
Easterly line to the point of beginning), in the City of Elgin, Kane County,
Illinois. (Property commonly known as 205 Fulton 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 105 Grove LLC, dated received January 26, 2012. 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.
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2. Substantial conformance with the Disclosure Affidavit, dated received
• January 26, 2012.
3. Substantial conformance with the Interior Layout; dated received January 26,
2012. Those areas depicted on such exhibit as "not part of premises" are not
included in the conditional use approval provided for by this ordinance.
4. Substantial conformance with the Plat of Survey; prepared by Alan J. Coulson
P.C. dated January 15, 1999.
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 205 Fulton Street; pursuant to Ordinance No.
G32-12 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 205 Fulton
Street and future retail liquor license to be issued within 100 feet of such premises
at 205 Fulton 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 upon its
passage in the manner provided by law.
David J. Kalyain, MTyor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 0
Recorded: May 9, 2012
Published: May 11, 2012 •
U FU1MW�
Attest:916t4e", k�
Kimberly Dewis, Ci y Clerk
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April 2,2012
FINDINGS OF FACT
-Planning and Zoning Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 12-.12 Requesting a Conditional Use in the CC 1 Center City District, to
Permit the Establishment of a Religious Organization (Church); Property Located at 205 Fulton
Street, by 105 Grove, LLC, as Applicant, and Chicago Land Trust Co., Trust No. A7712481503
as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC Center Citv District
Existing Use: Social Service Agency &Church
Property Location: 205 Fulton Street
Applicant: 105 Grove LLC
Owner: Chicago Title Land Trust Co., Trust No. A7712481503
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 Photos (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 12-12 April 2 2012
BACKGROUND
An application has been filed by 105 Grove LLC, requesting a conditional use to permit the
establishment of a religious organization (Church) in the CCl Center City District. The subject
property is located at 205 Fulton Street (reference Exhibits A, B, C, D).
The applicant is currently operating a church at the subject property. The church currently
occupies approximately 1, 100 square feet on the first floor of the building that is shared with a
social service center for senior citizens. The church contains a small library, conference room,
offices, and a small chapel that seats approximately 40 people for worship services. Church
services are held on Sunday mornings at 10:00 a.m. Weekday mass is conducted at 8:00 a.m. and
is.usually attended by five to ten people. Non-liturgical services such as classes and seminars are
conducted once or twice per month on weekdays, usually in the evening and are attended by an
average of thirty to forty people.
Churches are conditional uses in the CC 1 Center City District, and require a public hearing and
City Council approval (reference Exhibits F, G).
• GENERAL FINDINGS
r
After due notice, as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 03-12 on February 15, 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 February 15, 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: E Commercial District
1950: E Commercial District
1960: E Industrial District
1962: B2 Service Business District
1992: B2 Service Business District
Present: CC Center City District
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Findings of Fact Planning and Zoning Commission
• Petition 12-12 April 2 2012
The subject property was originally classified as E Commercial District in 1927. The
property was rezoned to B2 Central Business District, in 1962 and 1992 respectively. As
part of comprehensive amendments to the zoning ordinance, the property was rezoned to
CC 1, 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 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.
Located to the north of the subject property was the original Swans department store later
acquired by Sears Roebuck & Company. The property was redeveloped in 1982 by Elgin
Community College as a reuse of existing buildings into a mix of educational, offices and
day care facility. The property is currently being redeveloped for an artists' live-work
residential development with retail along the street level.
The area to the east is developed with a city owned parking structure.
The area to the south is developed with retail stores and a restaurant.
�J The area to the west is developed with two separate surface parking lots and commercial
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 within an area, which is developed with a mix of
commercial, residential, service related uses as well as a city owned parking structure.
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 CC 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
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Findings of Fact Planning and Zoning Commission ,
Petition 12-12 April 2 2012
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 Center City District. The proposed
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 0.08 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.
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 Fulton Street to the
• north. These local roads serve the subject property and form the basis of the urban grid
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Findings of Fact Planning and Zoning Commission
�• Petition 12-12 April 2 2012
that has been established within the Center City Districts.
Directly to the west of the subject property is the Fulton Street parking deck that is a city
owned parking structure. The subject property is located within the Center City District
and off-street parking is not required to be provided due to the close proximity to city
parking lots and parking decks
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.
The subject property fits.the"Community Mixed Use"Comprehensive Plan designations.
��• 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. The church has been operating at its current location
since 2010.
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.
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• Findings of Fact Planning and Zoning Commission
Petition 12-12 April 2 2012
DECISION
The Planning and Zoning Commission recommends the approval of Petition 12-12. On a motion
to recommend approval of the conditional use, subject to the following conditions, the vote was
six (6)yes and one(1)no:
1. Substantial conformance with the Statement of Purpose and Conformance and
attachments, submitted by 105 Grove LLC, dated received January 26, 2012.
2. Substantial conformance with the Disclosure Affidavit, dated received January 26, 2012.
3. Substantial conformance with the Interior Layout, dated received.January 26, 2012.
4. Substantial conformance with the Plat of Survey, prepared by Allan J. Coulson P.C. dated
January 15, 1999.
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 205 Fulton Street. -
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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.
Therefore, the motion to recommend approval of Petition 12-12 was adopted.
s/ Bob Siliestrom
Bob Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
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