G35-97 - 1
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Ordinance No. G35-97
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DAY CARE CENTER
( 1341 Wing Street)
WHEREAS, written application has been made for an AB Area
Business District conditional use for a day care center at
1341 Wing 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
and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for a day care center
at 1341 Wing Street and legally described as follows :
LOTS 1, 2 , 3, 4 , 5, 6 , 7 , 8, 9 , 10, 11, 12, 13,
14 , 15, 16, 17 , 18, 19, 20, 21, 22, AND 23 IN BLOCK 4
IN WING PARK MANOR ADDITION TO ELGIN, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS (SAID PROPERTY IS
COMMONLY KNOWN AS 1341 WING STREET) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance prepared by Lisa Leshin,
dated May 28, 1997 .
2 . The location of the day care center
facilities are to be in substantial conformance to
the Site Plan prepared by Hiffman Shaffer Associates,
Inc . with Additional Information by Lisa Leshin,
dated May 28, 1997 .
3 . 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.
erk
Section 4 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
/1-
Kevin Kelly, May
Presented: August 13, 1997
Passed: August 13, 1997
Vote: Yeas 5 Nays 2
Recorded: August 14 , 1997
Published:
Attest:
Dolonna Mecum, City Clerk
to"
July 16 , 1997
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 39-97 Requesting a Conditional Use for
a Day Care Center in the AB Area Business District; Property
located at 1341 Wing Street by Lisa Leshin, as Applicant and by
R&J LLC, as Owner.
BACKGROUND
An application has been filed by Lisa Leshin requesting a
conditional use for a day care center in the AB Area Business
District. The subject property is located at 1341 Wing Street.
The applicant proposes to use a portion of the existing building
as a day care center for as many as 99 children with 16
employees . A separate play yard is to be located near the south
east corner of the existing shopping center.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision
Hearing Board held a public hearing in consideration of Petition
39-97 on July 2, 1997 . The applicant testified at the hearing
and presented documentary evidence in support of the application.
Objectors appeared at the hearing. Written correspondence has
been submitted. The Planning Department has submitted a
Conditional Use Review, dated June 23, 1997 .
The Zoning and Subdivision Hearing Board has made the following
findings concerning the requested conditional use:
A. Site Characteristics Standard. The suitability of the
subject property for the intended zoning district with
respect to its size; shape; significant natural features
including topography, watercourses and vegetation; and
existing improvements .
Findings. The subject property is comprised of
approximately 7 acres of land. The property is improved
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Exhibit A
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 39-97 July 16, 1997
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with the Wing Park Shopping Center, containing in excess of
90,000 square feet of leasable area. The tenant space to be
occupied by the proposed day care center has 8,000 square
feet of floor area.
B. Sewer and Water Standard. The suitability of the subject
property for the intended zoning district with respect to
the availability of adequate municipal water, wastewater
treatment and stormwater control facilities .
Findings. The subject property is served with sanitary
sewer and municipal water systems .
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 located on North McLean
Boulevard, Wing Street, Weston Avenue, and Eagle Road.
North McLean Boulevard is an arterial street, serving the
west side of Elgin. Wing Street is a major collector
street, serving the near northwest neighborhoods . Weston
Avenue and Eagle Road are local streets .
The Wing Park Shopping Center provides 410 off street
parking stalls . With the proposed day care center, the
shopping center is required to provide 408 off street
parking stalls .
D. Zoning History Standard. The suitability of the subject
property for the intended conditional use with respect to
the zoning history of the property.
Findings. The subject property was zoned as follows for the
years listed:
1927 Out of City
1950 Out of City
1962 B-1 Retail Business District
1992 B-1 Retail Business District
Present AB Area Business District
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FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET39 . 97
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 39-97 July 16, 1997
The subject property is nonconforming with respect to
building setbacks, vehicle use area setbacks . interior
landscape yards, and signs .
E. 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 proposed day care center is to be located
within the Wing Park Shopping Center, zoned AB Area Business
District.
F. Trend of Development Standard. The suitability of the
subject property for the intended conditional use with
respect to consistency with an existing pattern of
development or an identifiable trend of development in the
area.
Findings. The subject property is located within an
existing shopping center.
G. Zoning Districts 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 the location and size of a zoning district.
Findings. The purpose of the AB Area Business District is
to provide commodities and services to several
neighborhoods, and in some instances to a community wide or
regional supporting population. AB zoning districts are
limited by the applicable site design regulations to an
intermediate scale of development relative to NB
Neighborhood Business Districts and the CC1 Center City
District.
An AB Area Business District should be located in
substantial conformance with the official comprehensive plan
and shall be located on an arterial street at an
intersection with another arterial street or a "collector
street" [SR] , or in other areas deemed unsuitable for other
zoning classifications . The amount of land necessary to
constitute a separate AB zoning district exclusive of rights
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FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 39-97 July 16, 1997
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of way, but including adjoining land or land directly
opposite a right of way shall be not less than 20 acres .
H. 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 designated as "area
business center" by the Official Comprehensive Plan of
Elgin.
I. 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.
Finding. A majority of the Zoning and Subdivision Hearing
Board has determined that the proposed conditional use is to
be located, designed, and operated so as to promote the
purpose and intent of the zoning ordinance.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval
of Petition 39-97 . On a motion to recommend the approval of
Petition 39-97, subject to the following conditions, the vote was
four (4 ) yes and three (3) no:
1 . Substantial conformance to the Statement of Purpose and
Conformance prepared by Lisa Leshin, dated May 28, 1997
2 . The location of the day care center facilities are to be
in substantial conformance to the Site Plan prepared by
Hiffman Shaffer Associates, Inc. with Additional
Information by Lisa Leshin, dated May 28, 1997 .
3 . Compliance with all other applicable codes and
ordinances .
Therefore, the motion to recommend the approval of Petition 39-97
was adopted.
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FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 97/PET39 . 97
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 39-97 July 16 , 1997
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Ralph Tiberi, Chairman
Zoning and Subdivision Hearing Board
41) stguluus
Je Deering, Secretary
Zoning and Subdivision Hearing Board
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