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HomeMy WebLinkAboutG43-23 Ordinance No. G43-23 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH INDIVIDUAL AND FAMILY SOCIAL SERVICES AND A COMMERCIAL EVENT SPACE INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (799 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to establish: individual and family social services,more specifically an activity center, adult daycare center, community center, youth center, and senior citizen association, and a commercial event space for activities pertaining to the assembly of people, at 799 South McLean Boulevard, and WHEREAS, the zoning lot containing the premises at 799 South McLean Boulevard is legally described herein(the"Subject Property");and WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District, established by Ordinance G9-08, and ARC Arterial Road Corridor Overlay District, and individual and family social services, more specifically an activity center, adult daycare center, community center, youth center, and senior citizen association, and a commercial event space for activities pertaining to the assembly of people are listed as conditional uses within the PORI Planned Office Research Industrial District established by Ordinance G9-08; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on October 2, 2023, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the PORI Planned Office Research Industrial District pertains to the government and affairs of the city. 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 October 2, 2023, and the recommendations made by the Community Development Department and 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 establish an individual and family social services, more specifically an activity center, adult daycare center, community center, youth center, and senior citizen association, and a commercial event space for activities pertaining to the assembly of people, is hereby granted for the property commonly known as 799 South McLean Boulevard, and commonly identified by Kane County Property Index Numbers 06-27-126-001, 06-27-126- 002, and 06-27-200-006, and legally described as follows: THAT PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE SOUTH 88 DEGREES 32 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 720.87 FEET TO THE CENTERLINE OF MCLEAN BOULEVARD; THENCE SOUTHWESTERLY, ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 34503.68 FEET AND A CHORD BEARING OF SOUTH 04 DEGREES 47 MINUTES 36 SECONDS WEST, AN ARC DISTANCE OF 427.26 FEET TO THE NORTH LINE OF THE SOUTH 891.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 88 DEGREES 28 MINUTES 01 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 764.00 FEET TO THE NORTH AND SOUTH QUARTER OF SECTION LINE OF SAID SECTION 27; THENCE NORTH 88 DEGREES 02 MINUTES 55 SECONDS EAST, ALONG THE NORTH LINE OF THE SOUTH 891.00 FEET TO THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, A DISTANCE OF 343.20 FEET; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, A DISTANCE OF 426.01 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27;THENCE SOUTH 87 DEGREES 41 MINUTES 07 SECONDS WEST,ALONG SAID NORTH LINE, A DISTANCE OF 343.24 FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, EXCEPT PART CONVEYED TO CITY OF ELGIN BY DEED DOCUMENT 2002K80794 DESCRIBED AS FOLLOWS: THE WEST 45.0 FEET OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 41 NORTH,RANGE 8 EAST 2 OF THE THIRD PRINCIPAL MERIDIAN,IN THE CITY OF ELGIN,KANE COUNTY, ILLINOIS LYING NORTH OF THE SOUTH 891.00 FEET THEREOF AND LYING EAST OF THE CENTERLINE OF MCLEAN BOULEVARD IN KANE COUNTY, ILLINOIS. (commonly known as 799 South McLean Boulevard). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by the Ying-Huei Chen, as applicant, and Heidner Properties Inc., as property owner, received August 14, 2023, and supporting documents including: a. Undated Statement of Purpose and Conformance Xilin Adult Daycare Center 799 S. McLean Blvd, dated received August 11, 2023; b. Undated building diagram,received August 14, 2023; c. Plat of Survey,prepared by Ridgeline Consultants LLC, dated July 31,2023; and d. Undated, four-page architectural plans titled 799 S. McLean Blvd Elgin IL 60123 Interior Remodel Project,including Sheets A100,A101,A102,and A103,prepared by Divinity Design Architects & Engineers, LLC, received August 11, 2023, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The proposed use hereby granted may relocate and/or expand within the existing building located at 799 S. McLean Boulevard.Notwithstanding, such relocation and/or expansion of the proposed use within the building shall be in full compliance with the Elgin Municipal Code, as amended. 3. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners,Breakout Session,Round-Table Discussions,and/or Workshops; b. Banquets (General); c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Beer, Wine, Liquor, and/or Food Tastings; f. Celebrations, Soirees,Private Parties, such as Anniversaries, Birthdays,and/or Bar and Bat Mitzvahs; g. Conferences, Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows, Trade Shows,Trunk Shows, and Fashion Shows; j. Corporate and/or Non-profit Events; 3 k. Couples Night Out Events; 1. Dance Classes, including but not limited to Zumba; m. Design and Creative Workshops, such as Calligraphy,Art,Pottery,and/or Painting Classes: n. Exhibitions, including but not limited to Art Shows; o. Expositions; p. Fairs and/or Festivals; q. Fundraisers; r. Funeral Services; s. Galas; t. Gallery Displays, including but not limited to works of art, either temporary or permanent; u. Health Fairs; v. Holiday Parties; w. Live Performances, such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; x. Meetings,including but not limited to Board,Business,Public and/or Shareholders Meetings; y. Mind and Body Classes and Sessions,including but not limited to Mediation and/or Yoga; z. Networking Events; aa. Plenary or General Sessions; bb. Political Events; cc. Press Conferences; dd. Product Launch Events; ee. Receptions; ff. Retreats and Team Buildings Events; gg. Sip and Paint Nights; hh. Social Events; ii. Symposiums; jj. Themed Events; kk. Vendor Fairs(Small Local Vendors); 11. Wedding Ceremonies & Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and mm. Other like assemblies of people. 4. Any event of an above assembly use may be catered,with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off- site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 4 5. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations.The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30"Noise"of the Elgin Municipal Code, 1976, as amended. 6. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 7. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. 0%, GAG David J. Ka in, yor Presented: November 1, 2023 Passed: November 1, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: November 1, 2023 Published: November 1, 2023 fl A st: ccr Kimberly Dewis, Clerk 5 EXHIBIT A October 2,2023 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 25-23, an application by Ying-Huei Chen, as applicant, and Heidner Properties, Inc., as property owner, are requesting approval of a conditional use for individual and family social services, more specifically to establish an adult day care center for seniors and a community center with a commercial event space for activities pertaining to the assembly of people, including but not limited to managing certified caregivers for in-home service, innovative programs for children, and cross-cultural community events and activities, all at the property commonly referred to as 799 S McLean Boulevard. GENERAL INFORMATION Petition Number: 25-23 Property Location: 799 S. McLean Boulevard Requested Action: Conditional use Current Zoning: PORI Planned Office Research Industrial District established by Ord. #G9-08 and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. PORI Planned Office Research Industrial District Established by Ord. #G9-08 and ARC Arterial Road Corridor Overlay District Existing Use: Partially occupied multi-tenant office building Proposed Use: Individual and family social services, including but not limited to activity Recommendation & Findings of Fact Petition 25-23 October 2, 2023 center, adult daycare center, community center,youth center, and senior citizen association; commercial event space(conditional uses); and other school and educational service,more specifically language school, tutoring/afterschool(permitted use) Applicant: Ying-Huei Chen Owner Heidner Properties Inc. do Robert Dellutri Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Ying-Huei Chen, as applicant, and Heidner Properties, Inc., as property owner, are requesting approval of a conditional use for individual and family social services, more specifically to establish an adult day care center for seniors and a community center with a commercial event space for activities pertaining to the assembly of people, including but not limited to managing certified caregivers for in-home service, innovative programs for children, and cross-cultural community events and activities, all at the property commonly referred to as 799 S McLean Boulevard. The subject property located on.the east side of S.McLean Boulevard at the intersection of College Green Drive and S. McLean Boulevard is approximately 10.14 acres in area. The property is improved with a one-story 37,295-square foot multi-tenant office building and an accessory parking lot with 177 parking spaces. The rear portion of the property contains an approximately one-acre stormwater detention facility and an approximately 2.5-acre portion of the property that is currently unimproved, wooded, open space. The property is zoned PORI Planned Office Research Industrial District established in by Ordinance No.G9-08 in 2008 when the City approved the construction of four 7,250-8,700-square foot light-industrial, flex buildings on the existing unimproved portion of the property. The -2 - Recommendation & Findings of Fact Petition 25-23 October 2,2023 construction of those buildings, however, has never commenced, and the rear portion of the property remains unimproved open space. The property is served by two full access driveways. The southern driveway lines up as the extension of College Green Drive east of S.McLean Boulevard.The intersection of College Green Drive and S. McLean Boulevard is controlled by a traffic light. The existing building is largely vacant,but includes one tenant,a U-46 preschool which occupies a 12,800-square foot tenant space at the front of the building. 4 i s f---: %— �,�. its 7' ti. j}jjjjj — 7.. ., `'r 77 V.l 67 761 V. 4 'y w. ' 7 S£3 aoo°66x '"' . - crn Ca:)cm uxco cm, m. a* Lz, ••r cr no 9VY Figure 1.Site area map with zoning overlay The property adjacent to the north is zoned CF Community Facility District and is home to the Elgin Township administrative offices. The property adjacent to the east, zoned CF Community Facility District, is owned by the City of Elgin and is part of The Highlands of Elgin golf course. The property adjacent to the south is zoned ORI Office Research Industrial District, but is improved with several mobile home dwellings. And the property to the west across S. McLean Boulevard is zoned PNB Planned Neighborhood Business District and is improved with College Corners multi-tenant shopping center home to several businesses,including the Fox Valley Range and Kyuki-Do Martial Arts school. Proposal Xilin Association(Xilin) is proposing to establish its community center specializing in providing adult daycare services for seniors at 799 S. McLean Boulevard. Xilin is a 501 (c) (3) non-profit - 3 - Recommendation & Findings of Fact Petition 25-23 October 2,2023 organization, established in 2003, committed to serving the needs of the under-served families with comprehensive social services. Xilin is proposing to occupy the rear 7,670-square foot tenant space within the 37,295-square foot building. The adult daycare services for senior would be provided Monday through Friday from 9 am to 5 pm for up to 155 seniors. The facility would have ten employees. And while individuals could be picked-up and dropped-off, Xilin will also provide its own transportation for those that need such services.The adult daycare center would offer various activities for its clients and would serve light pre-cooked lunch with an on-premises kitchen to heat and distribute the pre-made lunches. All daycare center clients are active and mobile. la G•p7 'ter wrong Wing '�� ' »> XI LI N C Enhy . =7,-- Erp,°yaa Entry COMMUNITY `` _ i= „_ i— -- II& CENTER \ I 4 —4 t7114—; ,' . -„: Q - -'-' - ' —-.1 :*-----7 I_c _ , —''--1 t,ayprantl U-46 Preschool I Figure 2.The full building floor plan with the location of the existing preschool and the proposed Xilin center The facility would also offer a variety of other social services. Xilin staff would also manage and provide for in-home services for seniors. In the future, the facility would include innovative programs for children including foreign language classes, afterschool program, and organize various social events for its community members, such as health fairs several times of the year. The applicant is not proposing any exterior changes to the building or the site,but would complete some interior renovation to accommodate the new use.One new wall sign is proposed on the north side of the building nearest to the entrance to the facility. The 72-square foot wall sign is well within the maximum permitted signage on this side of the building. The existing building is fully sprinidered and Xilin will be in full compliance with the State of Illinois Accessibility Code. -4- Recommendation & Findings of Fact Petition 25-23 October 2,2023 The proposed facility is required to provide one parking space per four clients based on its maximum occupancy, plus one parking space per employee. With a maximum client occupancy of 155 persons and ten employees, the facility is required to have 49 parking spaces. With the existing preschool in the building,the property is required a total of 104 parking spaces. With 177 parking spaces on site, the property will continue to meet its parking requirement. Ir-Ir M'-r it4 t-lr tt-it. 11-1• 1M1r 1r-f I-1• 57-11• IMIIIIIIIIIN MINIM C pp SSYL ® 1, " •r lard ■CHILI I SHAH SI Si ft •;9 wow N ,,,. , • C .... t-t IMMIX ti a� s .7 m .T_ ,..3 e m s—n• e.-1 t-a• 11 ilaI;"'s3.1� r f'- . -,. a-�tT t�._!'.�;!i ,-r r-n• T' .-n I.*r y �"� YSa' .ap CT.-- Mt Q • MauCiX 1 M1aI / a5r.o. r.Xlc 1. m ,L 4 z r IOW k W. nv NM 1I1i1 UMW w.M SWIG em s. § lE 7. `6. ` .a... yft .�'b• ® n~uuaau 4 A eiXuou.. mamma ,, e n MIMI c_.e 1 mt r I 17-r j, m 11'-r } I,'-r eM'-iC . 25'1 Figure 3.The propoosed floor plan for Xilin Center While some services proposed by Xilin are classified as a permitted use on the property, such as other school and educational services,more specifically language schools and tutoring/after school services, other proposed services, such as individual and family social services, including but not limited to activity center, adult daycare center,community center,youth center, and senior citizen association, and the commercial event space for the assembly of people are listed as a conditional use in the PORI Planned Office Research Industrial District Ordinance No. G9-08,and require the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The property was annexed to the City in 1969 with the annexation of the Elgin State Hospital. Upon annexation, the property was zoned R2 Single Family Residence District. In 1992, the property was rezoned to CF Community Facility District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor overlay District. - 5 - Recommendation & Findings of Fact Petition 25-23 October 2,2023 In 2008,the City rezoned the property to PORI Planned Office Research Industrial District by Ordinance No. G9-08 with the approval of the four 7,250-8,700-square foot light- industrial flex buildings on the rear,unimproved portion of the property. The construction of those buildings, however, has never commenced, and the rear portion of the property remains unimproved open space. The existing building was completed in 1970. B. Surrounding Land Use and Zoning. The property adjacent to the north is zoned CF Community Facility District and is home to the Elgin Township administrative offices.The property adjacent to the east, zoned CF Community Facility District, is owned by the City of Elgin and is part of The Highlands of Elgin golf course. The property adjacent to the south is zoned ORI Office Research Industrial District,but is improved with several mobile home dwellings. And the property to the west across S. McLean Boulevard is zoned PNB Planned Neighborhood Business District and is improved with College Corners multi- tenant shopping center home to several businesses, including the Fox Valley Range and Kyuki-Do Martial Arts school. C. Comprehensive Plan. The subject property is designated as Public/Semi-Public by the City's 2018 Comprehensive Plan and Design Guidelines. The public/semi-public land use designation includes a range of uses that provide a service to the public and enhance quality of life. This land use comprises various facilities and infrastructure belonging to federal, state, and local government, public agencies, and service provider. Grade schools, pre- schools, high schools, universities, and other educational institutions are considered public/semi-public land uses, as are churches and other places of worship. Within Elgin, public/semi-public uses include the Robert Gilliam Municipal Complex, police and fire stations, the Hemmens Cultural Center, and the Gail Borden Public Library. Higher education uses make up a large portion of this lands use,with Judson University and Elgin Community College comprising more than 300 acres combined. D. Zoning District. The purpose of the PORI Planned Office Research Industrial District established by Ordinance No. G9-08 is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting,subject to the provisions of Chapter 19.60 Planned Development of the zoning ordinance. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. E. Trend of Development. The subject property is located on the east side of S. McLean Boulevard south of US Route 20 and north of Torrey Pines Drive. The properties along this section of S.McLean Boulevard are generally developed with commercial uses serving the surrounding neighborhoods, and light industrial and warehousing uses serving the larger community. While the west side of S. McLean Boulevard has developed with -6- Recommendation & Findings of Fact Petition 25-23 October 2,2023 commercial uses providing services to the nearby residential neighborhoods, the east side of the road has developed with primarily light-industrial and warehousing uses. While the construction of the four light-industrial flex buildings approved in 2008 has never commenced, staff expects this stretch of S. McLean Boulevard will continue to see light- industrial uses and developments on the east side of the road due to the close proximity to the US Route 20 and S. McLean Boulevard interchange. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 25-23 on October 2, 2023. Testimony was presented at the public hearing in support of the application.The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated October 2, 2023. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: STANDARDS FOR CONDITIONAL USE 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 its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 10.14-acre property is improved with a 37,295-square foot building and accessory parking lot with 177 parking spaces. The rear portion of the property contains an approximately one-acre stormwater detention facility and an approximately 2.5-acre portion of the property that is currently unimproved,wooded,open space.The applicant is not proposing any exterior improvements to the site or the building. The proposed Xilin center would occupy the rear 7,670 square feet of the building. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed use. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. -7 - Recommendation & Findings of Fact Petition 25-23 October 2, 2023 The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing any changes to the existing water and sanitary sewer facilities. The existing utilities can adequately serve the proposed use. C. Traffic and Parking Standard. The suitability 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 provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The existing property includes two full access driveways to S. McLean Boulevard which adequately serve the building. The southern access driveway aligns with and represents the extension of College Green Drive east of S. McLean Boulevard.This intersection of S.McLean Boulevard and College Green Drive is regulated by a traffic light, which further improves access to and from the property. The existing building is largely vacant with only the U-46 preschool occupying approximately 34 per cent of the building.With the proposed Xilin center,the building would still be only 55 per cent occupied.As such,the additional trips and traffic generated by the new tenant will not have any detrimental impact on the existing traffic configuration in the immediate area. The property will continue to function with safe and efficient on-site traffic circulation. The proposed facility is required to provide one parking space per four clients based on its maximum occupancy, plus one parking space per employee. With the maximum client occupancy of 155 persons and ten employees, the facility is required to have 49 parking spaces. With the existing preschool in the building, the property is required a total of 104 parking spaces. With 177 parking spaces on site, the property will continue to meet its parking requirement. D. 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 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. Xilin Association is proposing to occupy the rear 7,670 square feet of the existing building. With the proposed use and the existing U-46 preschool, the building will still be only 54 per cent occupied.The existing preschool and the proposed adult daycare center for seniors are very similar uses providing essentially the same services but for different age groups. Their hours of operation during normal business hours are also similar. The applicant is not proposing any exterior changes to the building or the site. The proposed use would not have any negative effect nor exercise any undue detrimental influence on the surrounding - 8 - Recommendation & Findings of Fact Petition 25-23 October 2,2023 uses and properties. E. 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.This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 25-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by the Ying-Huei Chen, as applicant, and Heidner Properties Inc., as property owner, received August 14, 2023, and supporting documents including: a. Undated Statement of Purpose and Conformance Xilin Adult Daycare Center 799 S. McLean Blvd,dated received August 11,2023; b. Undated building diagram,received August 14,2023; c. Plat of Survey,prepared by Ridgeline Consultants LLC, dated July 31, 2023; and d. Undated, four-page architectural plans titled 799 S. McLean Blvd Elgin IL 60123 Interior Remodel Project, including Sheets A100,A101,A102,and A103,prepared by Divinity Design Architects & Engineers, LLC, received August 11, 2023, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The proposed use hereby granted may relocate and/or expand within the existing building located at 799 S. McLean Boulevard. Notwithstanding, such relocation and/or expansion of the proposed use within the building shall be in full compliance with the Elgin Municipal Code, as amended. 3. Assembly uses permitted by this grant of conditional use shall include: a. Business Dinners, Breakout Session,Round-Table Discussions, and/or Workshops; b. Banquets(General); -9- Recommendation & Findings of Fact Petition 25-23 October 2,2023 c. Baby Showers and/or Bridal Showers; d. Baptisms and/or Christenings; e. Beer, Wine, Liquor, and/or Food Tastings; f. Celebrations,Soirees,Private Parties,such as Anniversaries,Birthdays,and/or Bar and Bat Mitzvahs; g. Conferences,Conventions, and/or Seminars; h. Colloquiums; i. Consumer Shows,Trade Shows,Trunk Shows, and Fashion Shows; j. Corporate and/or Non-profit Events; k. Couples Night Out Events; 1. Dance Classes, including but not limited to Zumba; m. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or Painting Classes: n. Exhibitions, including but not limited to Art Shows; o. Expositions; p. Fairs and/or Festivals; q. Fundraisers; r. Funeral Services; s. Galas; t. Gallery Displays, including but not limited to works of art, either temporary or permanent; u. Health Fairs; v. Holiday Parties; w. Live Performances,such as readings and/or plays but expressly excluding as a principal use: music concerts, karaoke, ballrooms, dance halls, discotheques, nightclub operations, events hosted by bands or deejays, or other like music- or dance-oriented events; x. Meetings, including but not limited to Board, Business, Public and/or Shareholders Meetings; y. Mind and Body Classes and Sessions, including but not limited to Mediation and/or Yoga; z. Networking Events; aa. Plenary or General Sessions; bb. Political Events; cc. Press Conferences; dd. Product Launch Events; ee. Receptions; ff Retreats and Team Buildings Events; gg. Sip and Paint Nights; hh. Social Events; ii. Symposiums; jj. Themed Events; kk. Vendor Fairs(Small Local Vendors); - 10- Recommendation& Findings of Fact Petition 25-23 October 2,2023 11. Wedding Ceremonies&Receptions, including but not limited to traditional weddings, elopements, and/or civil unions; and mm. Other like assemblies of people. 4. Any event of an above assembly use may be catered, with food preparation and service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health and sanitation codes, ordinances, rules, and regulations. Similarly, any event of an above assembly use may include the incidental service of alcohol, with such service provided either by the applicant or from an off-site establishment, subject to compliance with applicable health, sanitation, and liquor codes, ordinances, rules and regulations. 5. Any event of an above assembly use may include the incidental playing of amplified live or recorded music, subject to compliance with applicable noise codes, ordinances, rules and regulations. The incidental playing of amplified live or recorded music is only permitted on the interior of the commercial event space. The applicant must comply with Chapter 10.30"Noise"of the Elgin Municipal Code, 1976 as amended. 6. The above assembly uses are authorized for only the indoor tenant space described within the associated application for conditional use. However, said uses may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 7. All street graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was seven (7) yes, zero (0)no, and zero(0) abstentions. All members were present. Respectfully Submitted, s/Jav Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic - 11 - Recommendation & Findings of Fact Petition 25-23 October 2,2023 Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 12 - t. r �. , r 1 d T ? ' A. ..-..w.ca; :-. F,leetwood Dr ',di.- r * i. t.,. 3116 I _ - 'Hoffer-Dr—---- I + t. • 0 • 1,01111i, ; '., . il , . . Us ...t of { � � sports way ! • .. • . , Subject Property Y �o�, �/'Pa Petition 25-23 ,•a .w ti • ' 14'—+ '41111# - 4 ' .2 - . 4. i....!.'s , 5 ` J - • .fie fit 110101,. , ,,•.•.- - , All I/ . . I II= . • , r, , : , . ' College Green D i Cif �r / �4 Ai • � ` U1110 •or iii lb' iel a aria -o - C i, ' ni�lii 6ii4fc * N rail. g.: R 414Arr • . 1. I abaft • „11,® Sawgrass Ct :, VOIO iiiii&t!ir®l�r� _ 4UIHIIIIIII Cris in-'Dr p 'VV1k•Yi . * - 611 -II ri.. , *IV-ail:* P At, B. , iimi - i , EXHIBITA Aerial/Location Map N w±r: Map prepared by City of Elgin o 120 240 480 720 960Feet Department of Community Development = y�,�, ;;yy�� G'� �. _ _ Sports WaylSZl�.� 0110 `P�f * • C, Ng Subject Property PNB Petition 25-23 CF rot @3I 1.54 S . .. . 10 ea PORT `1 College_Green D Legend O RC1 Residence Conservation 1 t • R/ O RC2 Residence Conservation 2 C• l OP ORI CV QRC3 Residence Conservation 3 , QPRC Planned Residence Conservation O SFR1 Single Family Residence 1 trey-P%n@S Dr - ' O PSFR1 Planned Single Family Residence SFR2 Single Family Residence 2 1 NB m ' QPSFR2 Planned Single Family Residence •I QTRF Two Family Residence r I I. (17 PORI PTRF Planned Two Family Residence MFR Multiple Family Residence wgr(aSS,CI Q PMFR Planned Multiple Family Residence I I • .• QRB Residence Business • QPRB Planned Residential Business I NB Neighborhood Business .• -PNB Planned Neighborhood Business Crispin Dr' -AB Area Business -PAB Planned Area Business \' IN CC1 Center City 1 / ® ' -CC2 Center City2 / ( l MI PCC Planned Center City tPRC -ORI Office Research Industrial • -PORI Planned Office Research Industrial Q` ELIE ORI -GI General Industrial N. `OV am -PGI Planned General Industrial -CI Commercial Industrial -CF Community Facility NB NEPCF Planned Community Facility l� F i EXHIBITS Zoning Map " W+E S Map prepared by City of Elgin 0 110 220 440 660 880 Feet Department of Community Development Subject Property 799 S. McLean Blvd. Petition 25-23 m a, C.1 0627126001 0627200006 0627126002 College Green Dr r Torrey Pines Dr EXHBIIT C Parcel Map N City of Elgin o 45 90 180 270 360 Department of Community Development Feet EXHIBIT D SITE LOCATION 799 S. McLean Boulevard Petition 25-23 -.t. -1444i,,Att . . .... ......., • 4•• . vi.- • it, . ,,, 4 , •, ,, • ' 7 y-. •,.,• •.:,--,TIT/ 1 ,(-, ( ''' 1 '• 1 , 1, .., ' -, t , r >° ''.'4,14. ' ••• . P 'PI'.14. ..,' •• to I — , - . I g Imildimanompetw.r,;, - ., . le.,,i......, ;'i• ,, ..2.' t; ,tt•; . 4,, 6 ' ' ' —1.•;!,,;-..'' ' ' '. ''',44;4124 ‘ '''''S0 '''' i i" ... • ' ' .... '.4 '-..., '1.1• '•,'''' ' ,' , ; t'.71.15-''''' . ‘4^.r,s c ., nit ,A- • ' "',-.. •' A..." ,' rf- .. " • ",' A • t Ty ' 4,.. z I q '4 quilio.,1,..4.. , .r,•• . . i ; , . ., • ti j a.4 ..--.......-spc 'ft a ' . A__' • '''.. '. i 6 •. •eaw II m i • . .. . .0. . 4. .diaA i V , 4ft College Green Drive ..., 1 - -''' 01. .,' a 'IN I 2 •• c:,. ,,ii ,,, J, ,44j 1 r, ,,, y NI t ,.. ''i 4A,'• 1 kii.' , 1. - ,...‘; .'" .‘ ., .' '''',6#(?"1. 'VII .1' • VA1,7,s'i tl,1, .; t, • 14 _ ,t, ' . cc . . . .,,,), , , , .or 'I' ,,t. A . ( ‘1 j f'' • ' ..4, , , 'e• :I. , A f ' - # kr"- - ' '' ii". 1. '1°' :,,.- , ' -i • - U , - ii ‘ • 1,,,,,' 'N, 10,,IPA:• kt,l; 1-- lir A tit-MALI hi ''T,•• t!,is«,,t,•, •' , Bird's eye view looking north •iiii .. •i , 2 it-v9 ...., ,,400,,,,,,,44. ....:- •::1711FillW.,J ,,,.. ' i 11 ,? l • COilegferj, , . .- •,‘,*(41c1i.,..a .., • • _ . It •... • -. • t .1 - Vril; toir .... 4 .-Ari- ...‘':-.... 1111 ?, .: # • * I& do/ t v r Sr ,. .1‘ i. " 4 6 I' Ober Ao l ' * ,F-; • ' a., '... ...•, • :, r 1,. iii 17: _ • • ' . - n o MC I --I Ar I , \ U 4^ ..0 t • .. f i • , i . . .,_ , i• i. I +.4 Is' ' I • , _.1 4 , No . t • _. • , Bird's eye view looking south EXHIBIT D SITE LOCATION 799 S. McLean Boulevard Petition 25-23 �' Y - _- _ . - t ,,� .-, .+.� tt d -' M.." • View of the property from the S. McLean Blvd Oct 2018 -44:411 .1_ . ' 1 .. _ Lop ip View of the rear portion of the building