G55-00 Ordinance No . G55-00
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR CHILD DAY CARE SERVICES
WITHIN THE AB AREA BUSINESS DISTRICT
(500 Dundee Avenue)
WHEREAS, written application has been made for a
conditional use for child day care services within the AB Area
Business District at 500 Dundee Avenue; 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
elk and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for child day care
services at 500 Dundee Avenue and legally described as follows :
PARCEL ONE :
THAT PART OF LOT 1 IN BLOCK 26 OF P. J.
KIMBALL ' S JR. THIRD ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS : BEGINNING ON THE WESTERLY LINE OF DUNDEE
AVENUE, 173 . 65 FEET NORTHEASTERLY FROM THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID
WESTERLY LINE, 14 . 85 FEET; THENCE WEST PARALLEL WITH
THE NORTH LINE OF SUMMIT STREET, 106 . 7 FEET; THENCE
SOUTH AT RIGHT ANGLES, 12 . 375 FEET; THENCE EAST
PARALLEL WITH THE NORTH LINE OF SUMMIT STREET, 98 . 15
FEET TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS .
PARCEL TWO :
THAT PART OF LOT 1 IN BLOCK 26 OF P. J.
KIMBALL ' S JR. THIRD ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID
LOT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT,
323 . 5 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE
OF SAID LOT, 224 . 8 FEET TO THE SOUTH LINE OF A TRACT
OF LAND CONVEYED TO BLANCHE L. HAGOPEAN BY DEED
DATED APRIL 26, 1911 AND RECORDED MAY 8, 1911 IN
BOOK 528, PAGE 470 AS DOCUMENT 116529 FOR THE POINT
OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST
LINE OF SAID LOT, 92 . 8 FEET TO A LINE DRAWN PARALLEL
WITH AND 132 FEET NORTH OF THE SOUTH LINE OF SAID
LOT; THENCE EAST ALONG SAID PARALLEL LINE 61 . 5 FEET;
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
LOT, 12 . 375 FEET.
THENCE EAST ALONG A LINE, IF EXTENDED, WOULD
INTERSECT THE WESTERLY LINE OF DUNDEE AVENUE AT A
POINT 173 . 65 FEET NORTHERLY OF THE SOUTHEAST CORNER
OF SAID LOT, 178 . 91 FEET TO THE WEST LINE, EXTENDED
SOUTH OF A TRACT OF LAND CONVEYED TO FRANK P. DITTER
AND WIFE, BY DEED DATED MAY 18, 1922 AND RECORDED
JULY 17, 1922 IN BOOK 661 PAGE 302 AS DOCUMENT
210231 ; THENCE NORTH ALONG THE EXTENSION OF AND THE
WEST LINE OF SAID DITTER TRACT AND ALONG THE WEST
LINE OF A TRACT OF LAND CONVEYED TO CLARENCE H.
STARK AND WIFE BY DEED DATED MARCH 21, 1924 AND
RECORDED MARCH 26, 1924 IN BOOK 732 , PAGE 319 AS
DOCUMENT 234344 , 87 . 375 FEET TO THE SOUTH LINE,
EXTENDED EAST, OF SAID HAGOPEAN TRACT; THENCE WEST
ALONG THE EXTENSION OF AND THE SOUTH LINE OF SAID
HAGOPEAN TRACT, 230 . 7 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
PARCEL THREE :
THAT PART OF LOT 1 IN BLOCK 26 OF P. J.
KIMBALL ' S JR. THIRD ADDITION TO ELGIN. DESCRIBED AS
FOLLOWS ; COMMENCING AT A POINT IN THE WEST LINE OF
DUNDEE AVENUE, WHICH IS 188 . 5 FEET NORTHERLY ALONG
SAID WEST LINE FROM THE NORTH LINE OF SUMMIT STREET
FOR THE PLACE OF BEGINNING; THENCE WESTERLY PARALLEL
WITH THE NORTH LINE OF SUMMIT STREET, 106 . 7 FEET,
THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST
MENTIONED LINE 39 . 8 FEET; THENCE EASTERLY PARALLEL
WITH THE NORTH LINE OF SUMMIT STREET 133 . 6 FEET TO
THE WESTERLY LINE OF DUNDEE AVENUE; THENCE SOUTHERLY
ALONG SAID WESTERLY LINE 47 . 7 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
PARCEL FOUR:
THAT PART OF LOT 1 IN BLOCK 26 OF P. J.
KIMBALL ' S JR. THIRD ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS : BEGINNING AT A POINT OF THE EASTERLY LINE
OF SAID LOT 282 . 9 FEET NORTHEASTERLY FROM THE
SOUTHEAST CORNER OF SAID LOT; THENCE SOUTH 87
DEGREES, 05 MINUTES, 0 SECONDS WEST 160 . 4 FEET;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF ST. JOHN
STREET 35 . 2 FEET TO THE NORTHWEST CORNER OF THE
PREMISES CONVEYED TO FRANK P. DITTER AND AMANDA
DITTER BY DEED DATED MAY 18, 1922 AND RECORDED JULY
17, 1922 AS DOCUMENT 210231 IN BOOK 661, PAGE 302 ;
THENCE NORTH 87 DEGREES 05 MINUTES, 0 SECONDS EAST
ALONG THE NORTH LINE OF SAID PREMISES 133 . 6 FEET TO
THE EASTERLY LINE OF SAID LOT 1 ; THENCE
NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID
PREMISES 46 . 7 FEET TO THE POINT OF BEGINNING, IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS
PARCEL FIVE :
THAT PART OF LOT 1 IN BLOCK 26 OF P . J.
KIMBALL ' S JR. ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS : BEGINNING AT A POINT IN THE SOUTH LINE OF
SAID LOT, 323 . 5 FEET EAST OF THE SOUTHEAST CORNER
THEREOF; THENCE NORTH, PARALLEL WITH THE WEST LINE
OF SAID LOT, 132 FEET; THENCE EAST PARALLEL WITH THE
SOUTH LINE OF SAID LOT, 61 . 5 FEET; THENCE SOUTH
PARALLEL WITH THE WEST LINE OF SAID LOT, 132 FEET
PARALLEL TO THE SOUTH LINE OF SAID LOT; THENCE WEST
ALONG SAID SOUTH LINE, 61 . 5 FEET TO THE POINT OF
BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
PARCEL SIX:
THAT PART OF LOT 1 IN BLOCK 26 IN P. J.
KIMBALL ' S JR. THIRD ADDITION TO ELGIN, DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID
LOT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT,
385 FEET FOR THE POINT OF BEGINNING; THENCE NORTH
PARALLEL WITH THE WEST LINE OF SAID LOT, 144 . 375
FEET; THENCE EAST 277 . 06 FEET TO A POINT ON THE
WESTERLY LINE OF DUNDEE AVENUE 173 . 65 FEET NORTHERLY
OF THE SOUTHWEST CORNER OF SAID LOT; THENCE
SOUTHWESTERLY ALONG THE WESTERLY LINE 173 . 65 FEET TO
THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST ALONG
THE SOUTH LINE OF SAID LOT, 170 . 6 FEET TO THE POINT
OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS . (PROPERTY COMMONLY KNOWN AS 500 DUNDEE
AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose, submitted by Greg Berna, and dated July 7,
2000 .
2 . Substantial conformance to the Site Plan
r and Landscape Plan, prepared by Greg Berna, and
revised on August 3 , 2000 .
3 . Provision of board-on-board fence along
Dundee Avenue .
4 . 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.
_ i/
Ed Schock, Mayor
Presented: September 27, 2000
Passed: September 27 , 2000
Vote : Yeas 7 Nays 0
Recorded: September 28, 2000
Published:
emk Attest :
Dolonna Mecum, ity Clerk
September 6, 2000
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 47-00 Requesting a Conditional Use for a Child Day Care Facility in the
AB Area Business District;Property Located at 500 Dundee Avenue;by Elgin Day Care Center,as
Applicant, and The Elgin State Bank, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Intended Use: Child Day Care Facility
elk Property Location: 500 Dundee Avenue
Applicant: Elgin Day Care Center
Owner: Elgin State Bank
Staff Coordinator: David Sundland
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Statement of Purpose and Conformance, submitted by (see attached)
Greg Berna, and dated July 7, 2000.
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Exhibit A
Findings of Fact Community Development Group
Petition 47-00 August 30, 2000
F. Development Plan for the proposed Child Day Care Facility (see attached)
encompassing a Site Plan and a Landscape Plan, dated
July 7, 2000, and prepared by Greg Berna
G. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by The Elgin Day Care Center requesting a conditional use for a child
care facility in the AB Area Business District. The subject property is located at 500 Dundee
Avenue(reference Exhibits A, B, C and D).
The Elgin Day Care Center presently serves 74 children at its Elgin Community College Fountain
Square location. The applicant is proposing to relocate to the subject property in order to be able
to serve additional children. The applicant proposes to renovate the existing 15,000 square foot
building in order to serve a total of approximately 127 children. The applicant also proposes to
develop the exterior of the subject property with three playgrounds,landscaping,a fence,and a berm
elk along the Dundee Avenue side of the property (reference Exhibits E and F).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 47-00 on August 16,2000. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Objectors appeared at
the hearing. Written correspondence has been submitted. The Community Development group
submitted a Conditional Use Review dated August 7, 2000.
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
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A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927 D Commercial District and B Residential
1950 D Commercial District
1962 B3 Service Business District, B1 Retail Business District, and R4 General
Residence District
1992 B3 Service Business District, B1 Retail Business District, and R4 General
Residence District
Present AB Area Business District
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Findings of Fact Community Development Group
III Petition 47-00 August 30, 2000
B. Surrounding Land Use and Zoning Findings. The subject property is located within an
AB Area Business District. The Summit Street/Dundee Avenue area is developed with a
mix of commercial uses.
C. Trend of Development Findings. The subject property is located at the intersection of
Dundee Avenue and Summit Street. Dundee Avenue is developed with a mix of commercial
uses along its full length, and Summit Street is developed with commercial along the
remainder of the block to the west and along its full length to the east.
D. 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.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
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A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size; shape; significant natural features including
topography,watercourses, and vegetation; and existing improvements.
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property is a regularly shaped parcel containing 1.61 acres of lot area. Most of
the site is level; the undeveloped northern portion of the site rises from an elevation of 760
feet by the location of the proposed playgrounds to an elevation of 782 feet at the northwest
corner of the site. The only vegetation on the site is on the steeper section of the site,which
is densely vegetated.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and stormwater control
services.
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Findings of Fact Community Development Group
Petition 47-00 August 30, 2000
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 traffic and parking standard.
The subject property is located at the northwest corner of Dundee Avenue and Summit
Street. Dundee Avenue is a major arterial. Summit Street is a collector street adjacent to this
site and is a major arterial to the east of this site. The applicant is proposing to remove the
existing Dundee Avenue access drive and will use the existing vehicular access points on
Summit Street.
The proposed day care facility will have approximately 29 employees on the largest shift,
and will provide services for approximately 127 children. The applicant is proposing 44
spaces in two double rows of angled parking. There will therefore be one parking space for
each employee,plus another fifteen spaces for visitors. The Zoning Ordinance does not have
a parking standard for day care. Elgin has typically asked for one parking space per
employee,plus one for every five students. The applicant has represented that the proposal
of one space per employee plus one space for every 8.5 students will be sufficient.
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.
The proposed day care center will serve the entire Elgin community,but many of the people
that it will serve live in nearby neighborhoods. While the day care center will be in close
proximity to residential neighborhoods, it is on the edge of those neighborhoods and is
accessed via nonresidential streets.
The facility will meet all Illinois Department of Children and Family Services and National
Association for the Education of Young Children standards. Up to approximately 127
children will be served by the facility, and separate outdoor play areas will be provided for
three different age groups.
The applicant is proposing to provide new fencing around the playground, in compliance
with the requirements of the Illinois Department of Children and Family Services. In order
to provide an aesthetically pleasing fence,staff is requesting that the fence be board-on-board
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Findings of Fact Community Development Group
Petition 47-00 August 30, 2000
along Dundee Avenue and vinyl-coated chain link along Plum Street.
The applicant is proposing to create a berm and to plant new landscaping along Dundee
Avenue. The applicant will also be providing landscape areas between the parking lot and
Summit Street.
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Location, Design, and Operation. 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.
The proposed day care center will serve the entire Elgin community,but many of the people
that it will serve live in nearby neighborhoods. While the day care center will be in close
proximity to residential neighborhoods, it is on the edge of those neighborhoods and is
accessed via nonresidential streets.
The facility will meet all Illinois Department of Children and Family Services and National
Association for the Education of Young Children standards. Up to approximately 127
children will be served by the facility, and separate outdoor play areas will be provided for
three different age groups.
The applicant is proposing to provide new fencing around the playground, in compliance
with the requirements of the Illinois Department of Children and Family Services. Staff is
requesting that the fence be board-on-board along Dundee Avenue and vinyl-coated chain
link along Plum Street.
The applicant is proposing to create a berm and to plant new landscaping along Dundee
Avenue. The applicant will also be providing landscape areas between the parking lot and
Summit Street.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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Findings of Fact Community Development Group
Petition 47-00 August 30, 2000
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION AND DECISION
The Zoning and Subdivision Hearing Board recommends the approval of the conditional use for a
child day care center. On a motion to recommend the approval of the conditional use,the vote was
five (5) yes and zero (0)no.
The conditional use was recommended for approval subject to the following conditions:
1. Substantial conformance to the Statement of Purpose,submitted by Greg Berna,and
dated July 7, 2000.
2. Substantial conformance to the Site Plan and Landscape Plan, prepared by Greg
Berna, and revised on August 3, 2000.
3. Provision of board-on-board fence along Dundee Avenue.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motions to recommend the approval of a conditional use for an eating and drinking
place and the amendment to a previously approved conditional use for a master signage plan passed
and the motion to approve the variations was adopted.
Ralph Tiberi, Chairman
Zoning and Subdivision Hearing Board
David Sundland, Secretary
Zoning and Subdivision Hearing Board
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