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G97-85 A rob. Ordinance No. G97-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A DAY CARE CENTER WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a day care center at 1560 Weatherstone Lane; and WHEREAS, the Land Use Committee 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 Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a day care center at 1560 Weatherstone Lane, Elgin, Illinois, legally described as follows: Lot 7 (excepting the Easterly 4 feet of even width measured at right angles to the Easterly line of said Lot 7) in Martin's Boulevard Commercial Park, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Provision of eight (8) off-street parking spaces before June I, 1986. 2. Limitation on the service capacity of the day care center to forty-eight (48) children. 3. Conformance to all other applicable city codes and ordinances, and state statutes. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: December 9, 1985 Passed: December 9, 1985 s/ Richard L. Verbic Vote: Yeas 4 Nays 0 Richard L. Verbic, Mayor Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk November 4, 1985 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN - I . SUBJECT Consideration of Petition 60-85 Requesting an "0" Limited Office District Special Use for a Day Care Center, property located at 1560 Weatherstone Lane by Little Folks Nursery School , Incorporated. II . CONSIDERATIONS A petition has been filed by Attorney Raymond F. Dalton, Jr. on behalf of the Little Folks Nursery School, Inc. that requests an "0" district special use for a day care center. The subject property is located at 1560 Weatherstone Lane. A nonconforming day care center has been operated on the subject property since 1969 . The current use is licensed for fifty-eight ( 58) children. The petitioner desires to provide a nursery/day care service licensed for forty-eight (48) children. III . FINDINGS AND RECOMMENDATION After due notice as required by law, the Land Use Committee held a public hearing on the proposed special use for a day care center on October 21 , 1985. The petitioner appeared at the hearing and presented documentary evidence. No objectors appeared at the hearing and no written objection has been filed to the proposed special use for a day care center. The Land Use Committee has made the following findings with respect to the requested special use for a day care center. A. Site Characteristics: The subject property is approximately 13,000 square feet and is improved with a one story structure. There are presently two play areas for the children and an off-street parking lot designed to accommodate four (4) vehicles. Based upon the average number of spaces per child at comparable centers in the city (1 space for 6 children) the subject property would require 8 spaces. Exhibit A ti•: w° -Page 1 - 4 r B. Zoning History: 1927 Out of City 1960 OD-Limited Comm. 1962 B-3 1950 Out of City 1961 DD-Limited Comm. Present "0" C. Surrounding Land Use and Zoning: The areas located north and east of the subject property are zoned M-1 and are developed with industrial and commercial uses. The area located directly southeast of the subject property is zoned 8-3 and is developed with commercial uses. The areas located south and west of the subject property are zoned R-4 and are developed with multi-family residences. D. Public Convenience: The day care center is acceptable for the public convenience at the existing location in that the proposed use is compatible with surrounding uses. E. Public Health, Safety and Welfare: The day care center is so designed, located and operated that the public health, safety and welfare will be protected because of the specific conditions to be imposed on the special use, and in that these conditions promote the use of the subject property in a manner compatible with surrounding property. F . Value of Other Property: The day care center has not in the past and will not cause substantial injury to the value of other property in the area in which it is located because the conditions to be imposed on the special use promote the use of the subject property in a manner compatible with surrounding property. G. Additional Conditions: The Land Use Committee is of the opinion that Petition 60-85 should be subject to the following conditions: 1 . Provision of eight (8) off-street parking spaces. 2. Limitation on the service capacity of the day care center to forty-eight (48) children. 3. Conformance to all other applicable city codes and ordinances, and state statutes. Accordingly, on a motion to recommend approval of Petition rft. 60-85, subject to the additional conditions, the vote was five (5) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 60-85. -Page 2- tom- Roy nen ', Chairma� Land Committee Planning and Land Use Commission `,• ! -1 L S��UU�►- J J ' ld T. Deering, Secre y Use Committee P1- ning and Land Use Commission (00.- -Page 3-