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HomeMy WebLinkAboutG34-95 e,_ Ordinance No. G34-95 AN ORDINANCE RECLASSIFYING PROPERTY AT 2325 ROYAL BOULEVARD AND GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE SERVICE WHEREAS, written application has been made to reclassify certain property located at 2325 Royal Boulevard from AB Area Business District to CF Community Facility District and for conditional use approval for a child day care service; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a conditional use for a child day care service be granted; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the ' Zoning District Map' , as amended, be and are hereby altered by excluding from the AB Area Business District and including in the CF Community Facility District, the following described property: Lot 404 in Valley Creek Unit 9; in the City of Elgin, Kane County, Illinois . " Section 2 . That the City Council of the City of Elgin hereby adopts the findings of fact made by the Planning and Development Commission granting a conditional use for a child day care service at 2325 Royal Boulevard, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions : 1 . Substantial conformance with the Site Plan prepared by Sinnett Builders, Inc. dated February 21, 1995, revised April 26, 1995 . 2 . Compliance with all other applicable codes and ordinances . 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 from and after its passage in the manner provided by law. AKs /751 , Kevin Kelly, Mayo Presented: June 14, 1995 Passed: June 14 , 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 15, 1995 Published: Attest: Dolonna Mecum, City Clerk t .A ` May 1, 1995 FINDINGS OF FACT PLANNING AND DEVELOPMENT COMMISSION CITY OF ELGIN I . SUBJECT Consideration of Petition 03-95 Requesting a Rezoning from AB Area Business District to CF Community Facility District, by the City of Elgin; and Requesting Conditional Use Approval for a Child Day Care Service, by Patrick and Katherine Hannell, as Applicants and Valley Creek of Elgin, Incorporated, as Owner; Property Located at 2325 Royal Boulevard. II . CONSIDERATIONS A petition has been filed by the City of Elgin requesting a rezoning from AB Area Business District to CF Community Facility District. Associated with the rezoning is a request by Patrick and Katherine Hannell for conditional use approval for a child day care service. The subject property is located at 2325 Royal Boulevard. The City of Elgin desires to rezone the subject property. Patrick and Katherine Hannell desire to construct and operate a child day care service at the subject property. III . FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing on Petition 03-95 on April 17, 1995. The petitioner testified at the public hearing. Concerned neighboring property owners testified at the public hearing. Written correspondence has been submitted objecting to the proposed rezoning. The Planning and Development Commission has made the following findings with respect to Petition 03-95: A. Site Characteristics The subject property contains approximately 2 .40 acres and is irregularly shaped. The subject property is relatively flat. There are no water courses or significant vegetation at the subject property. The subject property is undeveloped. The subject property Exhibit A A is located at the southeast corner of Royal Boulevard ' ,,., and Fletcher Drive, extended. B. Sewer and Water The subject property can be served with municipal sewer and water service. The requested rezoning will have no impact on the provision of sewer, and water service to the subject property. C. Traffic and Parking Royal Boulevard is a collector street serving Valley Creek and Eagle Heights Subdivisions . Traffic counts are unavailable for Royal Boulevard. Fletcher Drive is a local street serving Valley Creek Subdivision. Traffic counts are unavailable for Fletcher Drive. Development of the subject property requires compliance with all applicable codes and ordinances, including the Off Street Parking Ordinance. D. Zoning History 1928 Out 1950 Out 1960 Out 1961 Out 1962 Out 1992 B-1 Community Business District Present AB Area Business District E. Zoning Status The subject property is a lawful undeveloped AB Area Business District parcel . F. Surrounding Land Use and Zoning The area located to the north of the subject property, across Royal Boulevard, is zoned AB Area Business District and is undeveloped. The areas located to the east and to the south of the subject property is zoned MFR Multiple Family Residence District and are developed with townhomes (Windsor's Addition to Valley Creek) . Page 2 FOFPET03 .95/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP.95/PET03 . 95 The area located to the west of the subject property few is zoned CF Community Facility District and is developed with a nursing facility (Rosewood Care Center) . . G. Trend of Development The subject property is located in Valley Creek Subdivision, which has developed with single family, two family, multiple family, commercial and community facility uses, in compliance with an approved preliminary plan. H. Comprehensive Plan The subject property is designated area village center in the Comprehensive Plan. IV. RECOMMENDATION On a motion to recommend approval of Petition 03-95 , subject to the following conditions: 1 . Revision to the site plan, prepared by Sinnett Builders, Incorporated, dated February 21, 1995, to include a berm along the transition lot lines . 2 . Substantial compliance with the revised site plan. 3. Compliance with all applicable codes and ordinances . the vote was six yes and zero no. Therefore, the motion to recommend approval of Petition 03-95 was adopted. Robert W. Siljes om, ChairlkYi Planning and Development Commission lbankfak Mark W olard, Secretl' r Planning and Development Commission emb- Page 3 FOFPET03 .95/PZTEXT/3000DV.SV/3200PD.PC/3230MP.AM/3230MAP. 95/PET03 . 95