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HomeMy WebLinkAboutG10-10 (2) Ordinance No. G 10 10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE AND INDIVIDUAL AND FAMILY SOCIAL SERVICE AGENCY IN THE PAB PLANNED AREA BUSINESS DISTRICT (418, 418A and 418B Airport Road) WHEREAS, written application has been made requesting conditional use approval for a child daycare and individual and family social service agency in the PAB Planned Area 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 February 3, 2010, 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 Child Day Care, and Individual and Family Social Service Agency in the PAB Planned Area Business District at 418, 418A and 418B Airport Road and legally described as follows: Unit 418. 418A and 418B in River Ridge Business Center, being a part of Lot 3 in the resubdivision of Lot 3 in the Elgin-O'Hare Business Center, being a subdivision of part of the South 1/2 of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian in the Township of Dundee, Elgin, Kane County, Illinois. (Property Commonly Known as 418, 418A and 418E Airport Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Richard Heimberg representing Two Rivers Headstart Agency, dated December 29, 2009. 2. The Two Rivers Headstart Agency consisting of the '`Early Headstart" child day care center and the Community Services Block Grant (CSBG) center will be restricted to the tenant spaces and the accessory outdoor play yard at 418. 418A and 418B Airport Road, located within the River Ridge Business Center. r r 3. The conditional use granted herein is limited solely and only to the Two Rivers Headstart Agency and shall terminate and expire at such time the Two Rivers Headstart Agency discontinues its operation of the child care, and individual and family social service agency. 4. Compliance with all 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. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. -- -.11-:-- rs:2d"P-11.-‘- d Schock, Mayor Presented: March 10, 2010 \4'' Passed: March 10, 2010 " ' `�, Omnibus Vote: Yeas: 7 Nays: 0 `.f; `r e.gip ^ � ' '". . i4 `1, Recorded: March 11, 2010 ,� Published: March 12, 2010 �+ q,; '` � r Attest: A4 »t t 1 11,1�.''. �1 lie Diane Robertson, City erk r February 3, 2010 "bk FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 01-10 Requesting a Conditional Use in the PAB Planned Area Business District,to Permit the Establishment of a Child Day Care,and Individual and Family Social Services Facility;Property Located at 418,418A and 418B Airport Road,by Two Rivers Head Start Agency, as Applicant, and North Star Trust Company, Successor Trustee to Harris N.A., under Trust Agreement dated November 1, 2005, and known as Trust No. HTB 1763, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PAB Area Business District Existing Use: Vacant Commercial Tenant Space elk Property Location: 418, 418A and 418B Airport Road Applicant: Two Rivers Head Start Agency Owner: North Star Trust Company, Successor Trustee to Harris N.A., under Trust Agreement dated November 1, 2005, and known as Trust No. HTB 1763 Staff Coordinator: Sarosh Saher, Senior 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. Environmental Photo (see attached) F. Site Photos (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 G. Statement of Purpose and Conformance (see enclosed) H. Draft Conditional Use Ordinance (see enclosed) BACKGROUND An application has been filed by Two Rivers Head Start Agency, requesting a conditional use to permit the establishment of a child day care,and individual and family social services facility in the PAB Planned Area Business District. The subject property is located at 418,418A and 418B Airport Road(reference Exhibits A, B, C, D, and E). The applicant is proposing to operate a child day care, and individual and family social services facility at the subject property. The proposed facility will occupy approximately 18,500 square feet of vacant tenant space in the River Ridge Business Center. The facility will include an accessory outdoor fenced play yard at the rear of the property. Child day care,and individual and family social services facilities are conditional uses in the PAB Planned Area Business District, and require a public hearing and City Council approval (reference Exhibits F, G, and H). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 01-10 on February 3, 2010. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated January 29, 2009. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Outside City Limits 1950: Outside City Limits 1960: Outside City Limits 1962: Outside City Limits 1992: B3 Service Business District Present: PAB Area Business District 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 r The subject property was annexed and zoned B3 Service Business District in 1984 and included within the Elgin O'Hare Business Center. The property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance in 1992. In 2004, the property was resubdivided as part of the River Ridge Business Center Subdivision and rezoned to PAB Area Business District. B. 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 subject property maybe suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north and west of the subject property are zoned PAB Planned Area Business District and AB Area Business District. These areas are developed with commercial service, business and retail uses. The areas to the south and west are zoned PGI Planned General Industrial District and GI General Industrial District and are currently developing with industrial and manufacturing b. uses. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings:The subject property is suitable for the intended conditional use with respect to the trend of development standard. The subject property is located within a commercial area that offers business, service and retail uses. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent,and location and size of the zoning district. The purpose of the PAB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population and subject to the provisions of Chapter 19.60,Planned Developments. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 The proposed agency will provide for an "Early Headstart" child day care center serving approximately 80 infants and toddlers, and operated by 26 employees. A 2,013 square foot fenced outdoor play yard is proposed at the rear of the building for outdoor activity when the weather permits. The child day care component of the facility will remain open only on weekdays between 6:30 a.m. and 6:00 p.m. The agency also proposes to use 10 percent (2,000 square feet) of the facility to operate a Community Services Block Grant (CSBG) program assisting residents in the areas of job training,emergency financial aid,assistance to purchase back to school supplies,and operate a food pantry. The food pantry will operate three hours a day and serve an average of 330 families per month. Deliveries will take place twice a month. The CSBG program will be operated by three employees,and will remain open only on weekdays between 9:00 a.m.and 4:00 p.m., with a three hour evening class session being offered one day a week. Child day care, and individual family and social service agencies are an allowable conditional use in the AB Area Business districts as well as in this PAB Planned Area Business District. The proposed Two Rivers Head Start Agency will be located, designed and operated in accordance with the appearance,character,public health,safety and welfare of the community, and is consistent with the other land uses of the PAB Planned Area Business District. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: 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 the site characteristics standard. The subject property is comprised of a 3.01 acre commercial subdivision commonly known as the River Ridge Business Center. The shopping center is developed with commercial buildings and off-street parking. B. 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. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 r The subject property is served by municipal water, sanitary sewer and storm water control facilities. C. 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. Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The tenant space is located within a shopping center served by Illinois Route 31 by way of Airport Road to the west,north and south. Illinois Route 31 is a regional arterial that serves the central portion of Elgin and the surrounding region. Airport Road is a local road serving the subject property and the commercial and industrial properties to the east. Access to the subject property is limited to Airport Road. Off street parking is provided in conformance with the off street parking ordinance. D. 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 suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated as `Employment — Office/Research/Industrial" by the City's Comprehensive Plan and Design Guidelines, dated 2005. Areas designated as Employment Centers typically allow for a variety of industrial, manufacturing, assembly, warehouse,distribution,research and development,technology,corporate and support office, and limited employee-serving retail uses. These activities typically locate in business parks. Appropriate locations offer direct access to the arterial street system, and are in close proximity to highways, the freeway system and interchanges. E. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 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: Child day care,and individual family and social service agencies are an allowable conditional use in the AB Area Business districts as well as in this PAB Planned Area Business District. The proposed Two Rivers Head Start Agency will be located, designed and operated in accordance with the appearance,character,public health,safety and welfare of the community, and is consistent with the other land uses of the PAB Planned Area Business District. 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. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 01-10. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was five(6) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Richard Heimberg representing Two Rivers Headstart Agency, dated December 29, 2009. 2. The Two Rivers Headstart Agency consisting of the"Early Headstart"child day care center and the Community Services Block Grant(CSBG)center will be restricted to the tenant spaces and the accessory outdoor play yard at 418,418A and 418B Airport Road, located within the River Ridge Business Center. 3. Compliance with all applicable codes and ordinances. r Therefore, the motion to recommend approval of Petition 01-10 was adopted. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 01-10 February 3, 2010 Respectfully Submitted, s/ Jack Roder Jack Roder, Chairman Pro Tern Zoning and Subdivision Hearing Board s/ Matthew Fitzgibbon Matthew Fitzgibbon, Secretary Zoning and Subdivision Hearing Board 7