Loading...
07/26/2011r1g. DES PLAINES ZONING BOARD OF APPEALS JULY 26, 2011 MINUTES DES PLAINES ILLANOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, July 26, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Hotherr, Porada, Salemik, Szabo ABSENT: Catalano, Seegers. Also present was Associate Planner, Chan Yu, Department of Community and Economic Development. Acting Chairman Szabo called the meeting to order at 7:30 P.M. Case Number: 11 -029 -CU Address: 1249 Elmhurst Road Petitioner: Chicago Christian Church, 2101 S. Arlington Heights Road, Arlington Heights, IL 60005 Owner(s): Foster Bank, 5005 Newport Drive, Rolling Meadows, IL 60008 Request: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the establishment of a Place of Worship in the C-3 District. Settee Alm, Pastor, of Chicago Christian Church, was present, and Attorney Michael Choi, of MC Law, LLC, appeared on behalf of the petitioner, and was sworn in to give testimony. Mr. Choi stated that the building had been around for a long time and been vacant for ten years. A restaurant went in three or four years ago and wound up in foreclosure. Since then, the property and parking has fallen into disrepair. However, their church needs that building. The building is located in a C-3 area and they requested a conditional use permit. He described the building and the parking area, as well as the number of members of the church. He stated that they would bring the building back up to code and up to the neighborhood's level of care and maintenance. Mr. Hother stated he has looked at the property and it needs extensive work done. He asked if they were sure about going through with it. Attorney Choi stated they were well aware of all that needed to be done, had the funds and "sweat equity' as well. Mr. Porada cont rned that they only need 30 parking spaces, but would have 72 parking spaces available, and that the church would hold up to 120 in the pews. He asked Mr. Yu what would happen if they had more than 120 people and there would not be folding chairs showing up. Mr. Yu stated that their plans show 20 pews therefore could only have 20 pews. Mr. Salemik stated that at the last meeting the ZBA had the reverse problem and that he was glad to see they had room to grow. Acting Chairman Szabo asked how long the building had been in existence. Mr. Choi stated 33 years. Acting Chairman Szabo asked what they would be doing to the building. Mr. Choi stated that the building already looked Case #11 -029 -CU - 1249 Elmhurst Road July 26, 2011 Page 2 like a church on the outside, the shutters replaced, the siding would be redone, gutters replaced and repaired. The building has two double -door entries that could be used as handicapped accessible. There is a kitchen in the building that is more than they need, basically the building is ready to just move the pews in. Most of the changes would be done on the outside. Acting Chairman Szabo asked about the parking lot Mr. Choi stated they would repave and restripe the lot and put in landscaping. Acting Chairman Szabo asked if there were members of the audience in favor or opposed to the proposal. There were none. Acting Chairman Szabo called for the staff report to be read by Chan Yu. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the establishment of a Place of Worship in the C-3 District. Analysis: Proposed Use Place of Worship (Chicago Christian Church) Petitioner Chicago Christian Church, 2101 S. Arlington Heights Road, Arlington Heights, IL 60005 Owner Foster Bank, 5005 Newport Drive, Rolling Meadows, IL 60008 Plan of Operation Sunday Services during the hours of 10:00am and 12:00pm, Friday Service from 8:00pm to 9:30pm, daytime office hours for the pastor and two staff members during the week. Existing Use Place of Worship Surrounding Land Use North: Commercial (Restaurant) East: Single -Family Residential South: Commercial (Auto Repair) West: Light Industrial (Village of Mount Prospect) Existing Zoning G3, General Commercial Surrounding Zoning North: C-3, General Commercial East: R-1, Single -Family Residential South: C-3, General Commercial West: Industrial (Village of Mount Prospect) Street Classification Elmhurst Road does not have an identified street type in the Comprehensive Plan, but functions as an arterial road. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial Use for the proposed site. Case #11 -029 -CU - 1249 Elmhurst Road July 26, 2011 Page 3 Chicago Christian Church has requested a Conditional Use Permit to establish a Place of Worship within a vacant 6,112 square foot commercial building (former restaurant) in the C-3 Zoning District. The approximately 39,905 square foot lot has 150' of frontage on Elmhurst Road. The proposed floor plan indicates that services would take place in a sanctuary with fixed seating (pews). The proposed building site plan (floor plan) shows 20, 12' -wide pews which could accommodate up to 120 persons. Based on the parking requirements in the Zoning Ordinance of 1 space per four seats, 30 parking spaces are required, with 72 spaces are provided on site. The church pastor has submitted information indicating that the current membership of the church is 40 -persons and that the maximum membership in the church's 33 -year history was 80 -persons. The floor plan shows that the existing kitchen, food preparation, food storage, and office spaces would be reused by the church. Conditions of Approval specify that a landscape plan shall be submitted and trees planted to address the aesthetics of the parking dominated site and provide a landscape buffer from the residences to the East. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Comment: Places of Worship are a conditional use in G3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Place of Worship use generally complies with the 2007 Comprehensive Plan, which recommends Community Commercial use for this site. A Place of Worship is a Conditional Use in the C-3 Zoning District. C. The proposed conditional use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed church would be located within an existing structure. Major exterior alterations are not proposed to the structure, however, the church proposed to repaint and restore the facades to improve the appearance of the vacant building. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the church are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed conditional use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the conditional use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed conditional use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Case #11 -029 -CU - 1249 Elmhurst Road July 26, 2011 Page 4 Comment: The proposed conditional use would appear to have adequate public facilities, it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed church is not anticipated to create an amount of additional traffic which cannot be accommodated by Elmhurst Road. Church operations are not anticipated to be detrimental to the surrounding area. H. The proposed conditional use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cut on Elmhurst Road for access. Elmhurst Road functions as an arterial road with sufficient capacity to accommodate the proposed use. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed exterior building alterations to the church are minimal, consisting of paint and fagade improvements. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested: Comment: As proposed, the proposed church appears to conform to all other zoning regulations as long as compliance is provided with the Conditions of Approval. Recommendation: The Community Development Department recommends approval of the conditional use permit modification request for the establishment of a Place of Worship, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a landscape plan providing one tree in the parkway and a minimum T -wide landscape buffer along the East property line with shade trees, a minimum of 2 %" in caliper, planted on an average of 1 tree per 30' of yard length. The landscape plan shall also provide for plantings the entire length of the property between the parking lot and the sidewalk along Elmhurst Road. 2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total cost of the improvements provided by third party contractor. 3. Prior to occupancy all parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to Case #11 -029 -CU - 1249 Elmhurst Road July 26, 2011 Page 5 conditions, or deny the above-mentioned conditional use permit for the establishment of a Place of Worship in the C-3 zoning district. The City Council has the final authority on the project. A motion was made by Mr. Holbert, seconded by Mr. Saletnik, for recommendation to City Council to approve a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Place of Worship in the C-3 District with the following conditions: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a landscape plan providing one tree in the parkway and a minimum T -wide landscape buffer along the East property line with shade trees, a minimum of 2 %" in caliper, planted on an average of 1 tree per 30' of yard length. The landscape plan shall also provide for plantings the entire length of the property between the parking lot and the sidewalk along Elmhurst Road. 2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total cost of the improvements provided by third party contractor. 3. Prior to occupancy all parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. AYES: Holbert, Porada, Saletnik, Szabo NAYS: MOTION CARRIED The meeting was adjourned at 8:00 p.m. by unanimous voice vote. The next meeting of the Des Plaines Zoning Board of Appeals is on Tuesday, August 9, 2011. Sincerely, Jim Szabo, Acting Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals