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G98-85 Ordinance No. G98-85 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 North McLean Boulevard and Todd Farm Drive; 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 North McLean Boulevard and Todd Farm Drive, Elgin, Illinois, legally described as follows: The Northerly 138 feet of Lot I of Commerce Center Subdivision, in the City of Elgin, Kane County, Illinois. subject to substantial conformity with the revised site plan prepared by Schaffer- Bonavolonta Architects, Inc. and dated September 3, 1985, a copy of which is attached hereto as Exhibit B. Section 3. That the special use granted herein shall terminate in the event that construction has not been completed within twelve (12) months or if the special use is discontinued for 180 days. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 9, 1985 Passed: December 9, 1985 Vote: Yeas 4 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk } r ` November 4, 1985 0111P. FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 55-85 Requesting a B-3 Service Business District Special Use for a Day Care Center, property located at the sou wes corner of North McLean Boulevard and Todd Farm Drive extended by Leo Lenaghan. II . CONSIDERATIONS A petition has been filed by Mr. Anthony Bonavolonta on behalf of Mr. Leo Lenaghan, that requests a B-3 special use for a day care center. The subject property is located at the southwest corner of North McLean Boulevard and Todd Farm Drive extended. The petitioner desires to locate a Kinder Care Learning Center on the subject property. The proposed day care center is to be licensed for one hundred twenty-three (123) children. A maximum of eight (B) employees will be on the premises at any given time. LII , 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. A. Site Characteristics: The subject property is approximately 40,020 square feet and is unimproved. B. Zoning History: The subject property was annexed and zoned M-1 in 1966. The property was rezoned to B-3 in 1984. C. Surrounding Land Use and Zoning: The areas located to the immediate north, south and west of the subject property are zoned M-1 . These areas are owned by the Northern Illinois Gas Company and are undeveloped. -Page 1 - Exhibit A • PI dP The area located to the east of the subject property was recently rezoned from R-4 to 8-3. This area is currently undeveloped. Tyler Creek Plaza shopping center and Siegle's Home and Building Center are located further south of the subject property. It is anticipated that commercial development will continue north along North McLean Boulevard, to Todd Farm Drive. D. Public Convenience: The day care center is acceptable for the public convenience at the proposed location in that the use is compatible with both existing and anticipated uses in the area, and in that the subject property has adequate space for safe and efficient off-street parking. E. Public Health, Safety and Welfare: The day care center will be 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 will not cause substantial injury to the value of other property in the neighborhood 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 approval of Petition 55-B5 should be subject to the following conditions: 1 . Revisions to the site plan prepared by Schaffer-Bonavolonta Architects, Inc. , dated September 3, 1985 per the Planning Department. 2. Conformance to the revised site plan prepared by Schaffer-Bonavolonta Architects, Inc. 3. Compliance to all other applicable city codes and ordinances, and state statutes. Accordingly, on a motion to recommend approval of Petition 55-85, subject to the additional conditions, the vote was five (5) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 55-85. -Page 2- CA 4 Roy A ell , Chairm Land se Committee Planning and Land Use Commission J- old T. Deering, Secr t ry an Use Committee nning and Land Use Commission -Page 3- December 4, 1 985 MEMORANDUM TO: Mayor and Members of the City Council FROM: James J. Cook, City Manager SUBJECT: Proposed Ordinance Amending Chapter 9.36 of Municipal Code PURPOSE: To make tenants in possession of property responsible for trash and debris. BACKGROUND: Present ordinance only makes owner responsible but does not impose responsibility on tenant in possession. Proposed ordinance was revised and approved by Committee of the Whole on November 25, 1985. FINANCIAL IMPACT: None. RECOMMENDATION: Passage of the ordinance is recommended. 4 eik. fManaer 96"'