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HomeMy WebLinkAboutG35-97 - 1 few Ordinance No. G35-97 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DAY CARE CENTER ( 1341 Wing Street) WHEREAS, written application has been made for an AB Area Business District conditional use for a day care center at 1341 Wing Street; and WHEREAS, the Zoning and Subdivision Hearing Board 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 recommendation of the Zoning and Subdivision Hearing Board. 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 made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a day care center at 1341 Wing Street and legally described as follows : LOTS 1, 2 , 3, 4 , 5, 6 , 7 , 8, 9 , 10, 11, 12, 13, 14 , 15, 16, 17 , 18, 19, 20, 21, 22, AND 23 IN BLOCK 4 IN WING PARK MANOR ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (SAID PROPERTY IS COMMONLY KNOWN AS 1341 WING STREET) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance prepared by Lisa Leshin, dated May 28, 1997 . 2 . The location of the day care center facilities are to be in substantial conformance to the Site Plan prepared by Hiffman Shaffer Associates, Inc . with Additional Information by Lisa Leshin, dated May 28, 1997 . 3 . 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. erk Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. /1- Kevin Kelly, May Presented: August 13, 1997 Passed: August 13, 1997 Vote: Yeas 5 Nays 2 Recorded: August 14 , 1997 Published: Attest: Dolonna Mecum, City Clerk to" July 16 , 1997 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 39-97 Requesting a Conditional Use for a Day Care Center in the AB Area Business District; Property located at 1341 Wing Street by Lisa Leshin, as Applicant and by R&J LLC, as Owner. BACKGROUND An application has been filed by Lisa Leshin requesting a conditional use for a day care center in the AB Area Business District. The subject property is located at 1341 Wing Street. The applicant proposes to use a portion of the existing building as a day care center for as many as 99 children with 16 employees . A separate play yard is to be located near the south east corner of the existing shopping center. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 39-97 on July 2, 1997 . The applicant testified at the hearing and presented documentary evidence in support of the application. Objectors appeared at the hearing. Written correspondence has been submitted. The Planning Department has submitted a Conditional Use Review, dated June 23, 1997 . The Zoning and Subdivision Hearing Board has made the following findings concerning the requested conditional use: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size; shape; significant natural features including topography, watercourses and vegetation; and existing improvements . Findings. The subject property is comprised of approximately 7 acres of land. The property is improved r Exhibit A FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 39-97 July 16, 1997 r with the Wing Park Shopping Center, containing in excess of 90,000 square feet of leasable area. The tenant space to be occupied by the proposed day care center has 8,000 square feet of floor area. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment and stormwater control facilities . Findings. The subject property is served with sanitary sewer and municipal water systems . 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 located on North McLean Boulevard, Wing Street, Weston Avenue, and Eagle Road. North McLean Boulevard is an arterial street, serving the west side of Elgin. Wing Street is a major collector street, serving the near northwest neighborhoods . Weston Avenue and Eagle Road are local streets . The Wing Park Shopping Center provides 410 off street parking stalls . With the proposed day care center, the shopping center is required to provide 408 off street parking stalls . D. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the zoning history of the property. Findings. The subject property was zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1962 B-1 Retail Business District 1992 B-1 Retail Business District Present AB Area Business District r Page 2 FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET39 . 97 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 39-97 July 16, 1997 The subject property is nonconforming with respect to building setbacks, vehicle use area setbacks . interior landscape yards, and signs . E. Surrounding Land use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The proposed day care center is to be located within the Wing Park Shopping Center, zoned AB Area Business District. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is located within an existing shopping center. G. Zoning Districts Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC1 Center City District. An AB Area Business District should be located in substantial conformance with the official comprehensive plan and shall be located on an arterial street at an intersection with another arterial street or a "collector street" [SR] , or in other areas deemed unsuitable for other zoning classifications . The amount of land necessary to constitute a separate AB zoning district exclusive of rights r Page 3 FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET39 . 97 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 39-97 July 16, 1997 • r of way, but including adjoining land or land directly opposite a right of way shall be not less than 20 acres . H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is designated as "area business center" by the Official Comprehensive Plan of Elgin. I. 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. Finding. A majority of the Zoning and Subdivision Hearing Board has determined that the proposed conditional use is to be located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 39-97 . On a motion to recommend the approval of Petition 39-97, subject to the following conditions, the vote was four (4 ) yes and three (3) no: 1 . Substantial conformance to the Statement of Purpose and Conformance prepared by Lisa Leshin, dated May 28, 1997 2 . The location of the day care center facilities are to be in substantial conformance to the Site Plan prepared by Hiffman Shaffer Associates, Inc. with Additional Information by Lisa Leshin, dated May 28, 1997 . 3 . Compliance with all other applicable codes and ordinances . Therefore, the motion to recommend the approval of Petition 39-97 was adopted. r Page 4 FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET39 . 97 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 39-97 July 16 , 1997 cL r a Ralph Tiberi, Chairman Zoning and Subdivision Hearing Board 41) stguluus Je Deering, Secretary Zoning and Subdivision Hearing Board r r Page 5 FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 97/PET39 .97