2008-58 REZONING PROPERTY - 3350 NORTH MACARTHUR ROAD

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Excerpts from Plan Commission Minutes of August 7, 2008 Mr. Waynewright has resided at 9 Fair Oaks Drive for eighteen (18) ears. He stated he did not receive a letter to the open house the church held. Mr. Waynewrig t said there are only about fifteen (15)houses on Fair Oaks that are directly impacted by this dev lopment. Mr. Waynewright believes this property is either fully developed or o erly developed. He is not in opposition of the parking lot expansion but does oppose the extensi n to Fair Oaks Drive. Mr. Smith stated the extension to Fair Oaks was not on the agenda jus the parking lot expansion. Ms. Marge Handley was sworn in by Mrs. Poland. Ms. Handley resides at 3175 Fair Oaks. She stated there are severa residents who are against the petition to change the property from R-1 and R-2 District to a PD. She would like the church to remain zoned for residential and keep the homes used for emerge cies and accept donations for the coffee instead of charging for it. She did appreciate the open h use last night. Mr. Steve John asked if any one has addressed the point of ancill y use of coffee shops in churches. Does it throw them into a different category in the City Or inances or has the State of Illinois addressed this matter? Mr. John Robinson is not sure if it ha been specially looked at. In this case it is three (3) different uses, residential use, church use, and commercial use. He stated it is something the church should take up with tax counsel. Mr. Cochran stated before the church decided to charge a fee for cof e they contacted the State of Illinois to see if they needed to be responsible for sales tax. They ere told they did not need to collect sales tax. The church decided to collect sales tax so there ould be no controversy or other issues. Mr. Smith asked if the basis of this petition being zoned to a PD was ecause of the commercial and residential use. Mr. Cochran stated that is correct. Mr. Cochran said there would not be an issue if the church was not charging for coffee. The staff asked the church to rezone to PD. The PD does provide som additional security to the adjacent owners. The PD is also more restrictive. Ms. Sadorus feels the community does not understand what the D is. She asked staff if someone would explain what the PD will do. Ms. Suzy Stickle tated the signage on the property opening the coffee shop to the public and the church chargin a fee is the reason for the PD. It is more restrictive than the R-1 District. If it remains residenti 1 the church would be able to construct an access road to Fair Oaks since they have the fifty (50) foot easement. She believes that the Engineering Department has to approve it. Mr. Matt Newell was sworn in by Mrs. Poland. Mr. Newell stated the church would not need any special pertnission from the City to access a local road. Ms. Mary Benson was sworn in by sworn in by Mrs. Poland. Ms. Benson resides at 3181 Fair Oaks Drive. Ms. Benson does not s e a reason for the change. The church does not make a profit from the coffee shop. She is happy hat the church is there. It was moved and seconded (Anderson/Dunn) to forward Cal. No. 08- 9 to the City Council with recommendation for approval as presented by staff. Motion carried un nimously.