HomeMy WebLinkAboutG43-17Ordinance No. G43 -17
AN ORDINANCE
AMENDING ORDINANCE NO. G22 -15 PROVIDING A CONDITIONAL USE FOR A
PLANNED DEVELOPMENT, AND GRANTING A CONDITIONAL USE FOR A DOG
GROOMING BUSINESS IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(920 South McLean Boulevard)
WHEREAS, written application has been made requesting a conditional use approval to
establish a dog grooming use at 920 South McLean Boulevard, and to amend the conditional use
for a planned development for a package liquor sales establishment in the NB Neighborhood
Business District Ordinance No. G22 -15; and
WHEREAS, the zoning lot with the building containing the premises at 920 South McLean
Boulevard is legally described in Ordinance No. G22 -15 (the "Subject Property "); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said applications on August 7, 2017 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the NB Neighborhood Business District, and granting an amendment to conditional use for a
planned development for a package liquor sales establishment in the NB Neighborhood Business
District Ordinance No. G22 -15, pertains to the government and affairs of the city.
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 August 7, 2017, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Section 3. Condition 3. of Ordinance No. G22 -15, is hereby amended
and replaced in its entirety by the following:
3. Substantial conformance to the Proposed Site Plan Al. 1, prepared by Purohit Architects,
dated July 17, 2017.
Section 3. That Section 3. Condition 5. of Ordinance No. G22 -15, is hereby deleted in
its entirety.
Section 4. That Section 3. Condition 7. of Ordinance No. G22 -15, is hereby deleted in
its entirety.
Section 5. That Section 3. Condition 8. of Ordinance No. G22 -15, is hereby deleted in
its entirety.
Section 6. That Section 4. of Ordinance No. G22 -15, is hereby deleted in its entirety.
Section 7. That a conditional use for a dog grooming use is hereby granted for the
property commonly known as 920 South McLean Boulevard, legally described in Ordinance No.
G22 -15 (the "Subject Property ").
Section 8. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
Substantial conformance to the Development Application submitted by AMI
Properties, Inc., as applicant and property owner, received June 5, 2017 and supporting
documents including:
a. Cover Letter dated June 27, 2017, prepared by Mark Schuster, Bazos, Freeman,
Schuster & Braithwaite, LLC;
b. Undated Application for Conditional Use Mira Dog Grooming, Inc. (920 South
McLean Boulevard) Statement of Purpose and Conformance (Amended),
prepared by Mark Schuster, received July 28, 2017;
c. Plat of Survey, prepared by Alan J. Coulso, P.C. Professional Land Surveyors,
dated April 1, 2008;
d. Existing Ground Signage Plan A1.0, prepared by Purohit Architects, dated April
24, 2017;
e. Proposed Site Plan Al. 1, prepared by Purohit Architects, dated July 17, 2017;
f. Floor Plan A3.0, prepared by Purohit Architects, dated May 2, 2017;
g. Entire Floor Plan (for Egress) A3.1, prepared by Purohit Architects, dated May 2,
2017;
h. Existing Elevations Plan A5.0, prepared by Purohit Architects, dated May 2, 2017;
i. Existing North Elevation Plan A5.1, prepared by Purohit Architects, dated April
24, 2017; and
j. Parking Study, prepared by GHA Gewalt Hamilton Associates, Inc., dated February
24, 2017, last updated June 27, 2017.
Ira
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. No less than once daily when the business is open, the applicant shall inspect the
exterior premises of the property, and remove any animal waste from the property and
adjacent parkways.
3. The proposed dog grooming business shall not provide daily animal daycare services.
4. The existing refuse collection area shall be relocated to the southwest corner of the
building to allow for adequate traffic movement around the building. The refuse
collection area must be enclosed by a six -foot high solid fence.
5. Compliance with all applicable codes and ordinances.
Section 9. That except as amended herein, the use and development of the subject property
shall be controlled pursuant to the provisions of Ordinance No. G22 -15. In the event of any conflict
between this ordinance and Ordinance No. G22 -15, this ordinance and associated documents shall
control and prevail.
Section 10. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
David J. Kaptain, ayor
Presented: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 27, 2017
Published: September 29, 2017
A e
Kimberly Dewis, City Clerk
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EXHIBIT A
August 7, 2017
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 01 -17, an application by
AMI Properties, hic., as applicant and property owner, requesting approval of a conditional use to
permit a dog grooming business, and an amendment to the planned development as a conditional
use Ordinance No. G22 -15 at the property located at 920 South McLean Boulevard, zoned NB
Neighborhood Business District.
GENERAL INFORMATION
Petition Number:
Requested Action: Approval of Conditional Use, and
Amendment to the Planned Development as a Conditional Use
Ordinance No. G22 -15
Current Zoning: NB Neighborhood Business District
Existing Use: Partially occupied 16,300- square foot building with accessory
parking lot
Proposed Use: Dog Grooming
Property Location: 920 South McLean Boulevard
Applicant: AMI Properties, Inc.
Owner: AMI Properties, Inc.
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
F. Development Application and Attachments
G. Draft Ordinance for Conditional Use and Amendment to Planned Development as a
Conditional Use Ordinance G22 -15
H. Conditional Use for a Planned Development for Package Liquor Sales Establishment in the
NB Neighborhood Business District Ordinance No. G22 -15
I. Concept Site Plan Parking approved by Ordinance No. G22 -15
J. Concept Landscape Plan approved by Ordinance No. G22 -15
BACKGROUND
AMI Properties, Inc., as applicant and property owner, is requesting approval of a conditional use
to establish a dog grooming business, and approval of an amendment to the existing planned
development as a conditional use ordinance No. 022 -15 to eliminate the requirement for 63
parking spaces on the property, and instead install a total of 52 parking spaces as no more than 52
parking spaces are currently required by the zoning ordinance.
The 1.7 -acre property, located at the southwest corner of South McLean Boulevard and Torrey
Pines Drive, is zoned NB Neighborhood Business District. The property is improved with a one-
story 16,300- square foot commercial building and accessory parking lot with 33 parking stalls.
Armanetti's Wine and Spirits liquor store, approved in 2015 by Ordinance G22 -15, is currently
located on the property and occupies approximately 7,500 square feet of the existing building. The
remainder of the building is vacant.
Conditional Use for a Dog Grooming Use
The applicant is proposing to divide the remaining vacant space in the building and create a new
commercial tenant space to establish a dog grooming business, House of Paws. The proposed dog
grooming business would occupy 2,336 square feet in the northwest portion of the building. The
applicant will complete the interior buildout including a conversion of the existing overhead
loading door into a new storefront window with a new front access door for the new tenant space.
Two other existing loading docks, one on the west side, and one on the east side of the building
would remain, which satisfies the zoning ordinance requirement for two loading docks.
The proposed business will offer pet grooming services 7 am - 9 pm Monday — Friday, 10 am — 9
pm on Saturdays, and it will be closed on Sundays. The business will not board any animals
overnight, nor will any daily animal daycare services be provided. The applicant will install one
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
wall graphic above the new storefront facing Torey Pines Drive, and a new insert in the existing
monument sign. All new street graphics will meet the zoning ordinance requirements.
The existing 7,500- square foot liquor store (Armanetti's Wine and Spirits) facing South McLean
Boulevard would remain with no changes.
Amendment to Ordinance G22 -15
The applicant is requesting approval of an amendment to planned development as a conditional
use ordinance No. G22 -15 to eliminate the requirement for 63 parking spaces and instead install a
total of 52 parking spaces which meets the current zoning ordinance requirement.
When the existing Armanetti's Wine and Spirits liquor store was approved in 2015, a total of 65
parking spaces was required per the zoning ordinance as the entire building was proposed to be
used for retail uses (one parking space per 250 square feet of retail space for the 16,300- square
foot building). At that time, the City approved a departure from the number of required parking
spaces to install a total of 63 parking spaces instead of 65 by June 10, 2017 (a two year deadline
from the date the ordinance was approved on June 10, 2015).
The applicant is now proposing to use only 12,093 square feet of the building for retail uses, and
the remaining 4,207 square feet for a future warehouse /storage use. The proposed storage space is
located in rear of the existing liquor store with no visibility from South McLean Boulevard or
Torrey Pines Drive, and as such is not suitable for commercial retail use. In addition to the existing
liquor store and the proposed dog grooming business, the applicant has designated a third
commercial tenant space for a retail use at the northeast comer of the building with frontage to
both South McLean Boulevard and Torrey Pines Drive. Based on the current proposal with three
retail uses and one warehouse /storage use, per the zoning ordinance the property is required to
have a total of 52 parking spaces (one parking space per 250 square feet of retail space and one
parking space per 1,000 square feet of warehouse /storage space).
The applicant is proposing to increase the number of parking spaces from 33 to 52 to meet the
zoning ordinance requirement. The applicant is proposing to re -stripe the existing parking lot to
add two more parking spaces, stripe nine new parking spaces in front of the building, add one new
accessible space in front of the new dog grooming tenant space on the north side of the building,
and stripe seven new parking spaces on the west side of the building.
The applicant will replace a small landscaped area at the northeast corner of a building with a
concrete sidewalk, and will also install a new walkway that connects the front of the building to
the public sidewalk along Torrey Pines Drive. The existing drive -aisle west of the building will be
designated for one -way southbound traffic, while the existing drive -aisle north of the building will
be designated for one -way westbound traffic. No other changes are proposed to the site.
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
The proposed dog grooming use allowed as a conditional use, and the proposed amendment to the
planned development as a conditional use require review by the Planning & Zoning Commission
and final determination by the City Council.
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed in 1970 and was zoned B3 Service
Business District. In 1988, the subject property was rezoned to B 1 Retail Business District
as part of the College Green Subdivision to the west. In 1992, the property was rezoned to
NB Neighborhood Business District as part of the comprehensive amendment to the zoning
ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay
District.
The property first received a conditional use approval in 1996 for a motor vehicle
dealership and motor vehicle repair business. Subsequently, the building was constructed
for that purpose in 1997. In 2008, the property received a conditional use for a motorcycle
dealership, and in 2015 it received approval for a planned development as a conditional
use for the existing liquor store. The liquor store (Armanetti's Wine and Spirits) still
occupies the eastern 7,500 square feet of the building facing South McLean Boulevard and
will remain.
B. Surrounding Land Use and Zoning. The property to the north is zoned PNB Planned
Neighborhood Business District and is improved with a multi -tenant McLean Plaza
shopping center. The properties to the east are zoned PORI Planned Office Research
Industrial District and are improved with a self - storage facility, family fun amusement
center (LazerMaxx) and similar warehouse and storage uses. The properties to the west
and south are zoned RC1 Residence Conservation District and are improved with single
family homes (College Green Subdivision).
C. Comprehensive Plan. The subject property is designated as "Neighborhood Mixed -Use"
by the City's 2005 Comprehensive Plan and Design Guidelines. Areas designated
Neighborhood Mixed -Use are designed to meet the daily "convenience" goods and service
needs of residents in immediately adjacent neighborhoods. Their size generally does not
exceed 10 -30 acres, and includes a mix of small scale retail/service uses, a neighborhood
park, and possibly an institutional use such as a church or elementary school. Access is
generally from local and collector streets.
D. Zoning District. The purpose of the NB Neighborhood District is to provide for
commercial areas supplying daily convenience commodities and services to a
neighborhood population. The scale of development of an NB zoning district is limited by
the applicable site design regulations due to its function and resulting close proximity to
residences.
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
The proposed dog grooming use will serve the immediate neighborhoods as well as the
larger community and as such is consistent with both the Comprehensive Plan and the
purpose and intent of the NB zoning district.
E. Trend of Development. The subject property is located at the southwest corner of South
McLean Boulevard and Toney Pines Drive. The properties along South McLean
Boulevard are generally developed with commercial uses serving the surrounding
neighborhoods, and light industrial and warehouse uses serving the larger community. The
subject property also serves as the buffer between the busy arterial road (South McLean
Boulevard) and the established single - family residential neighborhood to the west. The
proposed dog grooming use within the existing commercial building is consistent with the
trend of commercial development along South McLean Boulevard.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 01 -17 on August 7, 2017. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Conditional Use and Written Findings & Recommendation to the Planning & Zoning
Commission dated August 7, 2017.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within § 19.65.030, and standards for planned developments outlined within § 19.65.040 of the
zoning ordinance:
STANDARDS FOR CONDITIONAL USE
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
its size, shape, significant features including topography, watercourses, and vegetation, and
existing improvements. The proposed dog grooming use will occupy approximately 2,300
square feet of the existing building which is only partially occupied. The applicant will
replace an existing overhead garage door with a typical storefront window and front door.
The existing building and site layout is similar and compatible to the existing trend of
development along South McLean Boulevard. No changes are proposed to the topography
of the site or any watercourses affecting the property.
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property and the subject commercial space are currently served by municipal water,
sanitary sewer, and storm water systems. The applicant is not proposing any changes to the
existing sewer and water utilities. The existing water and sewer facilities can adequately
serve the proposed use.
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 suitable 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. The property has two full access driveways to Torrey Pines
Drive which adequately serve the existing building.
The applicant will restripe the existing parking lot for a total of 52 parking spaces which
meets the zoning ordinance requirement for parking. The applicant also submitted a
parking study which analyzes the current parking demand for the Armanetti's liquor store,
and a similar dog grooming business in South Elgin. The parking study concludes the 52
parking spaces will adequately serve the proposed uses on the property. All necessary
parking, loading and traffic circulation will take place on site and will not spill over onto
the adjacent streets to prevent any traffic congestion in the area.
D. 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 or operated in a manner that will exercise undue detrimental impact on
surrounding properties.
All activities will be conducted within the building. The business will not offer any
overnight dog boarding or daily dog daycare services. The hours of operation are consistent
with those of the surrounding businesses. The proposed use will serve the needs of residents
in the immediate neighborhood as well the larger population area, which meets the intent
of the NB, Neighborhood Business District.
M.
Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
E. 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. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
STANDARDS FOR PLANNED DEVELOPMENTS
A. Site Characteristics Standard. The suitability of the subject property for the planned
development with respect to its size, shape, and any existing improvements.
Findings. The subject property is suitable for the planned development with respect to its
size, shape, and the existing improvements. The 1.73 acre property is improved with a
16,300 - square foot building and the accessory parking lot. The existing building is suited
for multiple commercial tenant spaces as proposed. The new tenant space for the dog
grooming business on the north side of the building, and the future commercial space at
the northeast comer of the building will take advantage of the building's multi -street
frontage and visibility. The proposed tenant space for a storage use in rear of Armanetti's
Wine and Spirits is appropriate due to lack of visibility of that space to either South McLean
Boulevard or Torrey Pines Drive. The storage tenant space will benefit from its own
loading dock in rear of the building. The applicant will also increase the number of parking
spaces to meet the zoning ordinance requirement and provide a pedestrian connection from
the public sidewalk along Torrey Pines Drive to the front of the building.
B. Sewer and Water Standard. The suitability of the subject property for the planned
development with respect to the availability of adequate water, sanitary treatment and
stormwater control facilities.
Findings. The subject property is suitable for the planned development with respect to the
availability of adequate water, sanitary treatment, and stormwater control facilities. The
property is adequately serviced by the current water, sewer, and stormwater facilities. The
applicant is not proposing any changes to the existing utilities, and the existing water and
sewer facilities can adequately serve the proposed use.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on site and offsite vehicular
circulation designed to minimize traffic congestion.
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
1. Nonresidential Land Uses: Nonresidential land uses should be located central and
accessible to the population served without requiring traffic movements through or
into a residential neighborhood. Nonresidential land uses should not be located within
residential neighborhoods, but on their periphery as defined by the arterial street
system.
2. Vehicular Access: The number of locations for vehicular access to orfrom a public right
of way should be limited to those which are necessary for the reasonable use of the
property and consistent with current traffic engineering standards. Locations for
vehicular access to or from a public right of way should be aligned directly opposite
existing or approved locations across the street.
The subject property is suitable for the planned development with respect to the provision
of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic
congestion. The property has two full access driveways to Toney Pines Drive and has no
direct access to South McLean Boulevard. The existing driveways adequately serve the
subject property.
The applicant is proposing to increase the number of parking spaces on the property from
33 to 52 parking spaces by striping the new parking spaces in the existing vehicle use areas
west, north and east of the building. In addition, the applicant will designate the existing
drive -aisle west of the building for one -way southbound traffic, and the existing drive -aisle
north of the building for one -way westbound traffic. The proposed changes to the on -site
traffic circulation will provide for efficient traffic movement on and off the site. The
property currently does not experience any on -site congestion, nor does it negatively affect
off -site circulation pattern. The proposed dog grooming use and the parking lot layout will
not have any negative effect on the existing traffic conditions in the area.
D. Zoning History Standard. The suitability of the subject property for the planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The property is suitable for the planned development with respect to the length
of time the property has remained undeveloped or unused in its current zoning district. The
property has been zoned NB Neighborhood Business District since 1992, and has been
zoned for commercial use since its annexation in 1970.
Prior to the establishment of the liquor store in 2015, the property was vacant since 2012.
The existing liquor store, however, occupies only approximately 7,500 square feet of the
existing 16,300- square foot building. The applicant is proposing to divide the remainder of
the existing building that is not occupied to create a second commercial tenant space for
the dog grooming business on the north side of the building, a third commercial space for
future retail use at the northeast comer of the building, and a forth commercial space for a
Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
warehouse/storage use in rear of the building. The existing building located at the corner
of a busy arterial road and a local road is better suited for smaller commercial tenant spaces.
The property has adequate access and on -site parking to accommodate four different
tenants.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the planned development with respect to consistency
and compatibility with surrounding land uses and zoning. The proposed multi -tenant
planned development building is compatible with surrounding land uses and zoning
districts. The property to the north is zoned PNB Planned Neighborhood Business District
and is improved with a multi -tenant commercial McLean Plaza shopping center. The
properties to the east are zoned PORI Planned Office Research Industrial District and are
improved with multi -tenant office and light - industrial /warehouse uses, including a self -
storage facility and family fun amusement center (LazerMaxx). The commercial uses on
the property will provide services to the surrounding residential areas to the west and south
zoned RC 1 Residence Conservation District improved with single family homes (College
Green Subdivision).
F. Trend of Development Standard. The suitability of the subject property for the planned
development 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 suited for the planned development with respect to
consistency with an existing pattern of development or an identifiable trend of development
in the area. As mentioned above, with its location at the corner of a busy arterial road and
a local road serving the adjacent residential neighborhoods, the property is suitable for
multiple commercial uses. The property is also located across the street from other
commercial, office, and light - industrial /warehouse uses. The property is consistent with
the current trend of development along South McLean Boulevard.
G. Zoning Districts/Planned Development Districts Standard: Where applicable, the
suitability of the subject property for the intended planned development district with
respect to conformance to the provisions for the purpose and intent, and the location and
size of a planned zoning district.
Findings. This standard is not applicable. The applicant is not proposing a planned
development district. The existing planned development on the property was approved as
a conditional use by ordinance No. G22 -15.
Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
H. Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provisions for the purpose and intent of planned developments and with respect to
the provisions of section 19.65.010 of this title. No conditional use for a planned
development should be granted for the solepurpose of introducing a land use not otherwise
permitted on the subject property.
Findings. The property is suited for the intended conditional use for a planned
development with respect to the provisions for the purpose and intent of planned
developments and with respect to the provisions of section 19.65.010 of the zoning
ordinance. The planned development as a conditional use was established in 2015 by
ordinance No. G22 -15 to allow for the establishment of a liquor store within a vacant
building with a departure from the parking requirement. The applicant is now proposing to
meet the current parking requirement of the zoning ordinance.
The applicant is also proposing to divide the existing building into multiple commercial
tenant spaces to allow for a new dog grooming use, one additional retail use, and a storage
/warehouse use. The proposed dog grooming use is listed as a conditional use in the NB
Neighborhood Business District.
I. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the planned development with respect to
conformance to the goals, objectives, and policies of the official Comprehensive Plan. The
subject property is designated as "Neighborhood Mixed -Use" by the City's 2005
Comprehensive Plan and Design Guidelines. Areas designated Neighborhood Mixed -Use
are designed to meet the daily "convenience" goods and service needs of residents in
immediately adjacent neighborhoods. Their size generally does not exceed 10 -30 acres,
and includes a mix of small scale retail /service uses, a neighborhood park, and possibly an
institutional use such as a church or elementary school. Access is generally from local and
collector streets.
The proposed amendment to the existing planned development as a conditional use will
provide 52 parking spaces on site, which meets the zoning ordinance requirement, and will
provide for additional commercial uses on the property including the new dog grooming
business to serve the residents of the adjacent neighborhoods.
J. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
Findings. The subject property is suitable for the intended planned development with
respect to the preservation of all significant natural features including topography,
watercourses, wetlands, and vegetation. No significant natural features exist on the
property. The property is improved with an existing one -story commercial building and an
accessory parking lot. The applicant is proposing only minor improvements to the property
with the elimination of a small landscaped area in front of the building and a new
sidewalk/walkway that will connect the building to the public sidewalk along Torrey Pines
Drive. The applicant will also restripe the existing parking lot and vehicle use areas to
accommodate 52 parking spaces on site. The applicant will not make any changes to the
existing topography, and there are no existing watercourses and wetlands affecting the
property.
K. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or
on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or on surrounding
properties. The proposed dog grooming business is listed as a conditional use within the
NB Neighborhood Business District. The proposed use will not exercise any undue
detrimental influence on the existing liquor store on the property or the surrounding
residential neighborhood. The proposed dog grooming business will not board any animals
overnight and no daily animal day care services will be provided. The proposed 52 parking
spaces meet the zoning ordinance requirement and will allow the property to operate
without any parking spillover on the surrounding streets and no undue detrimental
influence on the surrounding uses.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 01 -17, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by AMI Properties,
Inc., as applicant and property owner, received June 5, 2017 and supporting documents
including:
a. Cover Letter dated June 27, 2017, prepared by Mark Schuster, Bazos, Freeman,
Schuster & Braithwaite, LLC;
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Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
b. Undated Application for Conditional Use Mira Dog Grooming, Inc. (920 South
McLean Boulevard) Statement of Purpose and Conformance (Amended), prepared
by Mark Schuster, received July 28, 2017;
c. Plat of Survey, prepared by Alan J. Coulso, P.C. Professional Land Surveyors,
dated April 1, 2008;
d. Existing Ground Signage Plan A1.0, prepared by Purohit Architects, dated April
24, 2017;
e. Proposed Site Plan A L I, prepared by Purohit Architects, dated July 17, 2017;
f. Floor Plan A3.0, prepared by Purohit Architects, dated May 2, 2017;
g. Entire Floor Plan (for Egress) A3.1, prepared by Purohit Architects, dated May 2,
2017;
It. Existing Elevations Plan A5.0, prepared by Purohit Architects, dated May 2, 2017;
i. Existing North Elevation Plan A5.1, prepared by Purohit Architects, dated April
24, 2017; and
j. Parking Study, prepared by GHA Gewalt Hamilton Associates, Inc., dated February
24, 2017, last updated June 27, 2017.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
No less than once daily when the business is open, the applicant shall inspect the exterior
premises of the property, and remove any animal waste from the property and adjacent
parkways.
3. The proposed dog grooming business shall not provide daily animal daycare services.
4. The existing refuse collection area shall be relocated to the southwest corner of the building
to allow for adequate traffic movement around the building. The refuse collection area must
be enclosed by a six -foot high solid fence.
5. Compliance with all applicable codes and ordinances.
The vote of the Planning & Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was five (5) yes, zero (0) no,
and zero (0) abstentions. One member was absent.
Respectfully Submitted,
s/ Robert Siliestrom
Robert Siljestrom, Chairman
Planning & Zoning Commission
-12-
Recommendation & Findings of Fact
Petition 01 -17
August 7, 2017
s/ Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning & Zoning Commission
-13-
EXHIBITA Aerial /Location Map
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Subject Property
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920 S. McLean Blvd.
Petition 01 -17
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EXHIBIT D
SITE LOCATION
920 S McLean Blvd.
Petition 01 -17
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3D Aerial View from the South
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EXHIBIT D
SITE LOCATION
920 S McLean Blvd.
Petition 01 -17
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EXHIBIT D
SITE LOCATION
920 S McLean Blvd.
Petition 01 -17
North Elevation
Northeast Elevation
EXHIBIT D
SITE LOCATION
920 S McLean Blvd.
Area South of the Building
Area West of the Building