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HomeMy WebLinkAboutG25-12 Ordinance No. G25-12 • AN ORDINANCE GRANTING A CONDITIONAL USE FOR A VETERINARY SERVICE FACILITY FOR HOUSEHOLD PETS IN THE CC2 CENTER CITY DISTRICT (251 Center Street) WHEREAS, written application has been made requesting conditional use approval for a Veterinary Service Facility for Household Pets in the CC2 Center City District; and WHEREAS, the Planning & Zoning Commission 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 Planning & Zoning Commission. 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 5, 2012 made by the Planning & Zoning Commission, 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 facility for household pets in the CC2 Center City District at 251 Center Street and legally described as follows: The south 44 feet of lot 40 of Phineas J. Kimball's Jr. second addition to Elgin, in the city of Elgin, Kane County, Illinois. (Property Commonly Known As 251 Center Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Fur keeps Animal Rescue, dated received January 13, 2012. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the following exhibits submitted by Fur Keeps Animal Rescue, dated received Janurary13, 2012. a. Plat of Survey dated September 20, 2011 b. Main level floor plan C. Second level floor plan • d. Sign-building elevation drawing e. Consent and Disclosure f. Legal description In the event of any conflict between such exhibits and other applicable city ordinances, such other applicable city ordinances shall supersede and control. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. 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. avid J.-KaWn, Mieyor Presented: April 25, 2012 Passed: April 25, 2012 a �„ • Omnibus Vote: Yeas: 5 Nays: 0 Recorded: April 25, 2012 �885�Hi111� Published: April 27, 2012 Attest: Kimberly Dewis, City Clerk is �• March 5, 2012 FINDINGS OF FACT Planning & Zoning Commission. City of Elgin,Illinois SUBJECT Consideration'of Petition 06-12 Requesting Conditional Use Approval in the CC2 Center City District, to Permit the Establishment of a Veterinary Service Facility for Household Pets, Property Located at 251 Center Street, by Fur Keeps Animal Rescue, as Applicant, and Debra Rykoff, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC2 Center City District Existing Use: Vacant Residential Building Property Location: 251 Center Street • Applicant: Fur Keeps Animal Rescue Owner: Debra Rvkoff Staff Coordinator: Dave Waden, 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) G. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Planning& Zoning Commission • Petition 06-12 March 5, 2012 H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Fur Keeps Animal Rescue, requesting a conditional use to permit the establishment of a veterinary service facility for household pets in the CC2 Center City District. The subject property is located at 251 Center Street (reference Exhibits A, B, C, D, and E). The applicant is proposing to operate a veterinary service facility for household pets at the subject property. The services provided would be low cost spaying and neutering, microchip and vaccinations. The proposed hours of operation for the business are Monday through Friday 8:00 a.m. until 6:00 p.m., Saturday from 8:00 a.m. until noon. No animals will be kept overnight. Between one and three employees will be needed to staff the facility. (reference Exhibits F, G, and H). Conditional use approval must be granted prior to the establishment of the veterinary service facility for household pets, and requires a public hearing and City Council approval. • GENERAL FINDINGS t After due notice, as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 06-12 on March 5, 2012. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Department submitted a Conditional Use Review dated February 29, 2012. The Planning &Zoning Commission 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: C Residential District 1950: C Residential District 1960: C Residential District 1962: B 1 Retail Business District 1992: B 1 Retail Business District Present: CC2 Center City • ARC Arterial Road Corridor Overlay District Findings of Fact Planning & Zoning Commission �. Petition 06-12 March 5, 2012 The subject property was part of Kimball's P.J., Jr's 2nd Addition and zoned residential. The property was reclassified in 1992 to CC2 Central District as part of a comprehensive amendment to the zoning ordinance. 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 is suitable for the-intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area to the north is zoned RC3 and is improved with single-family residential homes. The areas to the south, west, and east are zoned CC2 and include commercial 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 an area that is developed with a mix of commercial,residential, and service related uses. D. Zoning District 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 location and size of the 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 CC2 Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive sub-area of the city with a common urban fabric. The CC2 zoning district provides for a concentration of finance, service, retail, civic, office, and cultural uses in addition to complementary uses such as hotels, entertainment, and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian-oriented character. The development standards are intended to promote a transition between the more intense development in the CC2 zoning district and the residential neighborhoods surrounding the center city. The purpose and intent of the ARC Arterial Road Corridor Overlay district is to promote • and facilitate the implementation of the objectives, policies, and strategies of the city of 3 Findings of Fact Planning & Zoning Commission Petition 06-12 March 5, 2012 Elgin "Comprehensive Plan." The ARC zoning district is a zoning overlay district, and accordingly, the property located within the district shall be subject to the regulations of the underlying zoning district in which it is located. A veterinary service facility s classified as a conditional use in this CC2 Center City District. The proposed business is in keeping with the intent of the CC2 district. STANDARDS FOR CONDITIONAL USES The Planning & Zoning Commission 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 consisting of approximately 0.06 acres is located within the Center City District, and contains one building and a paved driveway that accesses. Kimball • Street. 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. The subject property is served by municipal water, sanitary sewer. 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 subject project bounded on the west by Center Street, on the south by Kimball Street. Center Street is a local road that serves the subject property and surrounding neighborhoods. Kimball Street is a collector street that provides one of several access points over the Fox River. • Off-street parking is not required to be provided in the CC2 district. 4 Findings of Fact Planning & Zoning Commission �• Petition 06-12 March 5, 2012 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 "Urban Traditional Residential" in the City's Comprehensive Plan and_,Design Guidelines dated 2005. Areas designated Urban Traditional Residential is suitable for any area where urban density land use, including detached and attached single-family homes, and higher density multiple family dwellings exists or is desired. These areas-generally include that part of the community that developed between the 1850'.s and early 1960's, but are also recommended around the mixed-use centers and along the transportation corridors. Appropriate locations offer neighborhood access to local, collector and arterial roads, access to water and sanitary sewer systems, and proximity to public safety services. The provision of park and open space is encouraged to provide opportunities for recreation and access to bicycle and pedestrian trail networks. Other uses allowed in this category may include neighborhood commercial centers, churches, and schools in locations deemed appropriate by the city. • 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 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. F. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. 5 Findings of Fact Planning& Zoning Commission • Petition 06-12 March 5, 2012 '1 SUMMARY OF FINDINGS,UNRESOLVED ISSUES, AND ALTERNATIVES The Planning & Zoning Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. Positive Attributes. Approval of the requested conditional use to operate a veterinary service facility for household pets at the 251 Center Street will allow the applicant to offer veterinary services to the residents to the residents in the surrounding neighborhoods. The services provided would be low cost spaying and neutering, microchip and vaccinations. Animals will not be kept overnight. 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 Planning & Zoning Commission recommends the approval of Petition 06-12. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was five(5) yes and three(3) no: 1. Substantial conformance with the . Statement of Purpose and Conformance and attachments, submitted by Fur Keeps Animal Rescue, dated received January 13, 2012. 2. Substantial Conformance to the following exhibits submitted by Fur Keeps Animal Rescue, dated received January 13, 2012. a. Plat of Survey, dated September 20, 2011 b. Main level floor plan C. Second level floor plan d. Sign-building elevation drawing e. Consent and Disclosure f. Legal description 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. • 4. Compliance with all applicable codes and ordinances. 6 Findings of Fact Planning & Zoning Commission '-: Petition 06-12 March 5, 2012 Therefore, the motion to recommend approval of Petition 06-12 was adopted. s/ Bob Siliestrom Bob Siljestrom, Chairman . Planning &Zoning Commission s/ Sarosh Saher. Sarosh Saher, Secretary Planning &Zoning Commission • 7