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HomeMy WebLinkAboutG14-85 Ordinance No. G14-85 AN ORDINANCE GRANTING A SPECIAL USE FOR AN INSTITUTIONAL DAY CARE CENTER WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an institutional day care center at 1735 West Highland Avenue; and WHEREAS, the Land Use Committee 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 in the findings and recom- mendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an institutional day care center at 1735 West Highland Avenue, Elgin, Illinois, legally described as follows: That part of the Northwest quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northwest quarter; thence East along the North line of said Northwest quarter 437.58 feet; thence South parallel with the West line of said Northwest quarter 991.72 feet to the center line of Highland Avenue Road for the point of beginning; thence South parallel with the West line of said Northwest quarter, 781.7 feet to a point 1773.42 feet South of (measured along said parallel line) the North line of said Northwest quarter; thence West parallel with the South line of said Northwest quarter 437.58 feet to the West line of said Northwest quarter; thence North along said West line 872.8 feet to the center line of said Highland Avenue Road; thence Southeasterly along said center line 445.09 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 1 1 , 1985 Passed: February 1 1 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk January 21, 1985 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 1-85 Requesting an R-2 Single Family Residence District Special Use for an Institutional Day Care Center, property located at 1735 West Highland Avenue by the First Baptist Church of Elgin. II. CONSIDERATIONS A petition has been filed by Attorney Richard L. Heimberg on behalf of the First Baptist Church of Elgin that requests an R-2 special use for an in- stitutional day care center. The subject property is located at 1735 West Highland Avenue. The petitioners desire to continue to operate a nursery school/day care ' center in portions of the educational wing of the First Baptist Church of Elgin. III. FINDINGS AND RECCMMEv'DATION After due notice, as required by law, the Land Use Committee held a public hearing on the proposed special use on January 7, 1985. The petitioner appeared at the hearing and presented documentary evidence. No objectors appeared and no written objection has been filed to the proposed special use. The Land Use Committee has made the following findings with respect to the requested special use: A. Site Characteristics: The subject property is approximately nine (9) acres and is improved with a two (2) story church and accessory park- ing . The off-street parking lot is designed to accommodate two hundred nineteen (219) vehicles. B. Zoning History: The subject property was annexed and zoned R-2 Single Family Residence District witha Special Use for a church in 1968. C. Surrounding Land Use and Zoning: The areas located south and west of the subject property are zoned R-2 and developed with single family residences. The area located east of the subject property is zoned R-2 and is de- veloped with a church. The area located immediately north of the subject property is zoned Kane County F-Farming. Exhibit A Findings of Fact Petition 1-85 Page Two FINDINGS AND RECCMIENDATION (Cont'd) The area located northeast of the subject property is zoned R-4 and is being developed with townhouses. D. Public Convenience: The day care center is acceptable for the public convenience at the proposed location in that the proposed use is com- patible with surrounding land uses and in that the subject property has adequate space for safe and efficient off-street parking. E. Public Health, Safety, and Welfare: The day care center will be so de- signed, located, and operated that the public health, safety, and welfare will be protected because of the specific requirements of the R-2 Single Family Residence District, and in that these requirements promote the use of the subject property in a manner canpatible with surrounding properties. F. Value of Other Property: The day care center will not cause substan- tial injury to the value of other property in the neighborhood in which it is located because the day care center has operated at the subject property for a number of years, because of the specific requirements of the R-2 district, and in that the subject property has adequate space for safe and efficient off-street parking. G. Additional Condition: The committee is of the opinion that the approval of Petition 1-85 should be subject to compliance with all applicable codes, ordinances, and statutes. Accordingly, on a motion to recommend approval of Petition 1-85, subject to the additional condition, the vote was four (4) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 1-85. William F. Barton, cting ChaW a Land Use Committee Planning and Land Use Commission \ ‘Q&I%N.is E'o d T. Deering, Secre d Use Committee arming and Land Use Commission