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G63-95 Ordinance No. G63-95 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE CENTER AT 2485 SOUTH STREET WHEREAS, written application has been made for an AB Area Business District conditional use for a child day care service at 2485 South Street; 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 made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto r'` and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a child day care center at 2485 South Street and legally described as follows : LOT 13 OF STACEY ENOS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial compliance with the petitioner' s statement prepared by Basil Associates, Inc. for Children' s World Learning Centers, dated June 13, 1995 and the following plan sheets . -- Sheet 1 Site Plan, Basil Associates, Inc. , dated 06/14/95, revised 07/25/95; -- Sheet 2 Site Lighting and Sign Plan, Basil Associates, Inc. , dated 06/14/95, revised 07/25/95; -- Sheet L-1 Landscape Plan, Basil Assocites, Inc. , dated 06/14/95, revised 07/25/95; e -- Sheet CE-1 Development Plan (engineering) , Infracon, Inc . , dated 06/14/95, revised 07/25/95 . 2 . Compliance with all other 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. Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. //, Vj/ Kevin Kelly, Ma, :r Presented: August 23, 1995 Passed: August 23, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 24 , 1995 Published: Attest: h ' J ./ Dolonna Mecum, ity Clerk July 19, 1995 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 32-95 Requesting an AB Area Business District Conditional Use for a Child Day Care Service; Property Located at 2485 South Street; by Basil Associates, Inc. , as Applicant and LaSalle National Trust, under Trust #116522, as Owner. II . CONSIDERATIONS A petition has been filed by Basil Associates, Inc. requesting AB Area Business District conditional use approval for a child day care service. The subject property is located at 2485 South Street. The applicant represents a national provider of child day care rft services . The proposed day care facility is intended to be licensed for 141 children and staffed with 15 employees . The site, lighting and sign, landscape, and engineering plans are enclosed. III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 32-95 on July 19, 1995 . The applicant testified at the public hearing. A Petition Review, dated June 26,_ 1995, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 32-95. This Petition Review, along with the exhibits attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof. Exhibit A Page 1 FOF32 . 95/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.95/PET32 .95 The Zoning and Subdivision Hearing Board made the following findings with respect to Petition 32-95 : A. Site Characteristics The subject property contains approximately 49,534 square feet. The property is unimproved. B. Sewer and Water The subject property is in the service area of the Bowes Road Interceptor Sewer. Sanitary sewer service is proposed to be provided on an interim basis via a temporary connection to the Airlite lift station. Water service is available from an eight inch watermain located along the easterly line of the subject property. Stormwater will be collected onsite and detained in a detention area before release into Otter Creek. C. Traffic and Parking The subject property has street frontage along South Street and a private street. No direct access is proposed between the subject property and South Street. Access to p the subject property is proposed to be provided from the private street located along the easterly property line. The use and maintenance responsibilities for the private street are shared by the four developable parcels served by the street. Traffic generation data is not available for child day care facilities . A total of 43 parking spaces are required to serve the proposed day care facility (one space per five children and one space per employee) . D. Zoning History The subject property was annexed and zoned B-3 Service Business District in 1990. The property was rezoned to AB Area Business District in 1992 . E. Zoning Status Development of the subject property is subject to the terms and conditions of an annexation agreement and all other applicable codes and ordinances . Page 2 FOF32 .95/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 95/PET32 .95 F. Surrounding Land Use and Zoning The areas located to the north, south, and east of the subject property are zoned AB Area Business District. The parcels located within the AB District are developing with retail, commercial service, and entertainment uses typically found in major retail centers . The area located to the west of the subject property is zoned SFR2 Single Family Residence District. Otter Creek traverses to the immediate west of the property. There are no development plans for the residentially zoned land. G. Trend of Development The subject property is located within an area developing as a major retail center. H. Comprehensive Plan The subject property is located within_ an area designated "area business" . IV. RECOMMENDATION On a motion to recommend approval of Petition 32-95, subject to the following conditions: 1 . Substantial conformance with a petitioner' s statement prepared by Basil Associates, Inc. for Children's World Learning Centers, dated June 13, 1995 and the following plan sheets (revised to incorporate the comments contained in a July 13, 1995 letter to Mr. Martin Duda) : - Sheet 1 Site Plan, Basil Associates, Inc. , dated 06/14/95 - Sheet 2 Site Lighting and Sign Plan, Basil Associates, Inc. , dated 06/14/95 - Sheet L-1 Landscape Plan, Basil Associates, Inc. , dated 06/14/95 - Sheet CE-1 Development Plan (engineering) , Infracon, Inc. , dated 06/14/95. 2 . Compliance with all other applicable codes and ordinances. the vote was four yes and zero no. r Page 3 FOF32 .95/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N. 95/PET32 . 95 Therefore, the motion to recommend approval of Petition 32-95 [ was adopted. Denise Harding p ins, Zoning and Subdivision Hearing Board Ro K. Dahlstrom, Sec Zoning and Subdivision Hearing Board r Page 4 F0F32 .95/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N.95/PET32 .95