HomeMy WebLinkAboutG43-04 , .
/�► Ordinance No. G43-04
[ AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A VETERINARY SERVICE FOR HOUSEHOLD
PETS IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(780-796 South McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for a
Veterinary Service for Household Pets in the PNB Planned Neighborhood Business District; 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, dated March 3, 2004, 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 to permit the establishment of a veterinary service
for household pets in the PNB Planned Neighborhood Business District at 780-796 South
McLean Boulevard and legally described as follows:
Parcel A: That part of the northwest quarter of section 27, township 41
north, range 8 east of the third principal meridian described as follows:
commencing at the northwest corner of said section 27; thence north 89 degrees
49 minutes 55 seconds east along the north line of said section 27, a distance of
1293.18 feet to the northeast corner of college green unit 2 according to the plat
thereof recorded August 12, 1988 as document 1926239 and the point of
beginning; thence continuing north 89 degrees 49 minutes 55 seconds east along
said north line a distance of 334.56 feet; thence south 7 degrees 00 minutes 00
seconds west a distance of 259.76 feet to the northerly right of way line of
College Green Drive as dedicated by document 1926240; thence westerly along
said right of way line along a curve to the left whose radius is 1056.00 feet an arc
distance of 240.88 feet to the easterly line of said College Green unit 2; thence
north 12 degrees 38 minutes 43 seconds west along said easterly line a distance of
294.70 feet to the point of beginning, in the city of Elgin, Kane County, Illinois.
Parcel B: That part of the northwest quarter of section 27, township 41
north, range 8 east of the third principal meridian described as follows:
commencing at the northwest corner of said section 27; thence north 89 degrees
49 minutes 55 seconds east along the north line of said section 27 a distance of
1293.18 feet to the northeast corner of College Green Unit 2 according to the plat
thereof recorded August 12, 1988 as document 1926239; thence continuing north
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89 degrees 49 minutes 55 seconds east along said north line a distance of 334.56
feet to the point of beginning; thence continuing north 89 degrees 49 minutes 55
seconds east along said north line 240.41 feet to the westerly right of way line of
Mclean Blvd. as dedicated by document 1926240; thence southerly along said
westerly line along a curve to the left whose radius is 34, 427.50 feet an arc
distance of 277.95 feet to the northerly right of way line of College Green Drive
as dedicated by document 1926240; thence north 84 degrees 05 minutes 31
seconds west along said northerly line a distance of 119.08 feet to a point of
curve; thence continuing along said northerly right of way line along a curve to
the left whose radius if 1056.00 feet an arc distance of 123.79 feet; thence north
07 degrees 00 minutes 00 seconds east a distance of 259.76 feet to the point of
beginning, in the city of Elgin, Kane County, Illinois (property commonly known
as 780-796 South McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Dr. Minard, dated February 5, 2004.
2. Substantial conformance with the Floor Plan, prepared by Dr. Minard,
dated February 5, 2004.
3. Compliance with all other 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 immediately after its
passage in the manner provided by law.
E Schock, Mayor
Presented: April 14, 2004
Passed: April 14, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 15, 2004
Published:
Attest:
Ar2--C.1.1.4---
Dolonna Mecum, City Clerk
March 3,2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 13-04 Requesting Conditional Use Approval for a Veterinary Service for
Household Pets in the PNB Planned Neighborhood Business District;Property Located at 780-796
South McLean Boulevard; by Dr. Edwin Minard, as Applicant and LCK Development, LLC, as
Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PNB Planned Neighborhood Business District
Existing Use: Commercial Center
Property Location: 780—796 South McLean Boulevard
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Applicant: Dr. Edwin Minard
Owner: LCK Development, LLC
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
rillk G. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-04 March 3, 2004
BACKGROUND
An application has been filed by Dr. Edwin Minard requesting conditional use approval for a
veterinary service for household pets in the PNB Planned Neighborhood Business District. The
subject property is located at 780-796 South McLean Boulevard(see Exhibits A-D).
The applicant proposes to operate a veterinary clinic for household pets from the westernmost tenant
space in the commercial center which is located at the northwest corner of South McLean Boulevard
and College Green Drive.The proposed hours of operation for the business are from 8 AM to 8 PM,
Monday through Friday, and 8 AM to noon on Saturday. Conditional use approval must be granted
prior to the establishment of the proposed veterinary clinic at the subject property(see Exhibits E-G).
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 13-04 on March 3, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application.No public testimony was
presented at the public hearing. No written correspondence has been submitted. Staff submitted a
Conditional Use Review dated February 24, 2004.
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927: Out of City
1950: Out of City
1960: Out of City
1962: Out of City
1992: B-3 Service Business District
B-1 Retail Business District
Present: PNB Planned Neighborhood Business District
The subject property was annexed and zoned B-3 Service Business District and B-1 Retail
Business District in 1970. A planned development was granted in 2003 to allow for the
construction of the two commercial buildings which currently exist on the subject property.
B. Surrounding Land Use and Zoning Findings. The subject property is located in a
commercial center,located at the northwest corner of South McLean Boulevard and College
Green Drive.
The areas to the north and east are zoned CF Community Facility District and are developed
with recreational and community facility uses. The property to the south is zoned PNB
Planned Neighborhood Business District and is developed with a commercial center. The
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Findings of Fact Zoning and Subdivision Hearing Board
r Petition 13-04 March 3, 2004
areas to the west of the subject property is zoned PRC Planned Residential Conservation
District and is developed with townhomes.
C. Trend of Development Findings. The subject property is located in a section of the South
McLean Boulevard corridor which has developed with areas of recreational, community
facility, commercial, and industrial uses.
D. Zoning District Findings: The purpose of the PNB Planned Neighborhood Business District
is to provide for planned commercial areas supplying daily convenience commodities and
services to a neighborhood population, subject to the provisions of Chapter 19.60, Planned
Developments. The scale of development of a PNB zoning district is limited by the applicable
site design regulations due to its function and resulting close proximity to residences. A PNB
zoning district is most similar to,but departs from the standard requirements of the NB zoning
district.
E. 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 the
site characteristics standard.
The subject property is a regularly shaped parcel containing 3.24 acres of land.Topography
on the site ranges from a high point of 828 feet at the eastern portion of the site to a low point
of 814 at the northwestern portion of the site, for a maximum relief of 14 feet.The property
is currently improved with 2 multi-tenant commercial buildings and an accessory parking lot.
F. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water
control services.
G. Traffic and Parking Standard. The availability 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-04 March 3, 2004
Findings. The subject property is suitable for the intended conditional use with respect to
the traffic and parking standard.
The subject property is located within an established commercial shopping center which is
located at the northwest corner of South McLean Boulevard and College Green Drive.
Parking will be provided in accordance with the off-street parking ordinance.
H. 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.
No evidence has been submitted or found that the proposed conditional use will be located,
designed,or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes. The subject property is located in the PNB Planned Neighborhood
Business District. The proposed veterinary clinic will provide necessary services to the
community.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 13-04 March 3, 2004
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 13-04. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was six (6)yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Dr.
Minard, dated February 5, 2004.
2. Substantial conformance with the Floor Plan, prepared by Dr. Minard, dated February 5,
2004.
3. Compliance with all other codes and ordinances.
Therefore,the motion to recommend approval of Petition 13-04 was adopted.
Respectfully submitted:
4,4 DOgicia.
Robert Langlo , Cha an 2
Zoning and Subdivision Hearing Board
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
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