G65-08AN ORDINANCE Ordinance No. G65-08
GRANTING A CONDITIONAL USE FOR A KENNEL WITH
OVERNIGHT BOARDING, DOG DAY CARE, GROOMING AND TRAINING
IN THE AB AREA BUSINESS DISTRICT
(1977 and 1999 Larkin Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
kennel with overnight board, dog day care, grooming and training in the AB Area Business
District; 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, dated August 20, 2008, 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 to permit the establishment of a kennel with
overnight boarding, dog day care, grooming and training in the AB Area Business District at
1977 and 1999 Larkin Avenue and legally described as follows:
Lot 7, 8 and 9 in Map 5 of Fox River Hills, in the City of Elgin, Kane County,
Illinois (Property Commonly Known as 1977 and 1999 Larkin Avenue).
be and is hereby granted subject to the following conditions:
Substantial conformance with the Statement of Purpose and Conformance,
submitted with the development application and cover letter signed by Katie A.
Manno, Hurlbut & Hurlbut, P.C, dated May 16, 2008, last revised August 11,
2008.
2. Substantial conformance to the Sound Proofing Statement, Cleanliness and Waste
Management Plan, dated May 16, 2008, and F.Y.D.O Land Business Plan, dated
April 18, 2008, prepared by Robin Massey and Richard Zelek.
3. Substantial conformance to the Site Plan (Sheet AS-1), Floor Plan (Sheet Al -I),
and Elevations (Sheet Al-2), prepared by Allen Pepa Architects, Elgin Studio Inc.
dated March 25, 2008, last revised April 4, 2008.
4. Substantial conformance to the Landscape Plan (Sheet L-100), prepared by
Paul Schartz, Registered Landscape Architect, dated July 24, 2008.
5. There shall be no more that 15 dogs staying overnight at any one given time.
6. There shall be no more than 10 dogs at any given time for a maximum of 30
minutes in the dog run area.
7. All training classes shall be held indoors. Classes shall be held no more than
three days per week, between the hours of 6:00 P.M. to 9:00 P.M. Monday
through Friday and 10:00 A.M. to 1:00 P.M. on Saturdays. There shall be no
more than 10 dogs per class.
8. All the required and proposed landscape materials shall be installed as part of
Phase 1 prior to the issuance of an occupancy permit, excluding the trees within
the transition landscape yard, which are to be installed prior to November 15,
2009.
9. Compliance with all 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.
Presented: September 24, 2008
Passed: September 24, 2008
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: September 25, 2008
Published:
Attest:
S�L
Diane Robertson, City Npzjk
August 20, 2008
r FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 34-08 Requesting a Conditional Use in the AB Area Business District, to
Permit the Establishment of Kennels with Overnight Boarding, Dog Day Care, Grooming, and
Training; Property Located at 1977 and 1999 Larkin Avenue, by Robin Massey and Richard Zelek,
as Applicants and Bonnie Born Hill Trust and Brenda Born Conklin Elgin Trust, as Owners.
GENERAL INFORMATION
Requested Action:
Current Zoning:
Conditional Use Approval
AB Area Business District
Existing Use: Vacant Commercial Building and Single Family Residence
Property Location: 1977 and 1999 Larkin Avenue
Applicants: Robin Massey and Richard Zelek
Owners: Bonnie Born Hill Trust and Brenda Born Conklin Elgin Trust
Staff Coordinator: Denise Momodu, Associate Planner
LIST OF EXHIBITS
A. Location Map
B. Zoning Map
C. Parcel Map
D. Aerial Photo
E. Environmental Photo
F. Site Photos
G. Statement of Purpose and Conformanc
EM�,
EXHIBIT
(see attached)
(see attached)
(see attached)
(see attached)
(see attached)
(see attached)
(see attached)
Findings of Fact
Petition 34-08
H. Draft Conditional Use Ordinance
Related Correspondence
BACKGROUND
Zoning and Subdivision Hearing Board
August 20, 2008
(see attached)
(see attached)
An application has been filed by Robin Massey and Richard Zelek, requesting a conditional use to
permit the establishment of a kennel, dog day care, and training in the AB Area Business District.
The subject property is located at 1977 and 1999 Larkin Avenue (reference Exhibits A, B, C, D, E
and F).
The applicants propose to operate a full service pet care facility, including day care, overnight
boarding, training, grooming, pet parties and retail at the subject property. F.Y.D.O. Land is
proposed to serve as a one stop pet care facility. The applicants are proposing to offer services such
a grooming and obedience dog training classes to their clients, in addition to day care and overnight
boarding. Other services will include the sale of retail items such as leashes, collars, bones and small
gift items; and hosting of birthday parties on Saturdays only, with an advance booking requirement
and will be limited to fifteen dogs.
The applicants are proposing to develop the subject property in two phases. Phase 1 of the
development will consist of improvements to the existing commercial structure and resealing of the
existing paved parking.
The applicants need conditional use approval for these land uses to be allowed in the AB Area
Business District. The purpose and intent of the provisions for conditional use approval is to
recognize that there are certain uses which cannot be properly classified without individual review
and consideration (reference Exhibits G, H, and I).
GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 34-08 on August 20, 2008. The applicants testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
present. The Community Development Group submitted a Conditional Use Review dated August
15, 2008.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
2
Findings of Fact
Petition 34-08
Zoning and Subdivision Hearing Board
August 20, 2008
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
1927:
Out of City Limits
1950:
Out of City Limits
1960:
Out of City Limits
1961:
Out of City Limits
1962:
Out of City limits
1992:
B 1 Retail Business District
Present:
AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed into the City of Elgin in January, 1971, and zoned B1
Retail Business District. The existing commercial building on the subject property was used
as bridal store, until recently, and is currently vacant.
B. 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 subject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The properties located north, east and west of the subject property are zoned AB Area
Business District, and are developed with a mix of commercial, retail and service businesses.
The area to the immediate south and southwest is zoned SFR1 Single Family Residence
District, and is developed with detached residences.
C. Trend of Development Standard. The suitability of the subject property for the intended
conditional use with respect to its consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to the
trend of development standard.
The subject property is located along a major arterial corridor, which is developed with a mix
of offices, retail and service businesses and other commercial land uses, benefiting from the
visibility and accessibility offered by the highly traveled Larkin Avenue and Route 20
corridor. The proposed conditional use is consistent with the existing pattern of development
within the area.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped or
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Findings of Fact
Petition 34-08
unused in its current zoning district.
Zoning and Subdivision Hearing Board
August 20, 2008
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
The purpose of the AB Area Business district is to provide commodities and services to
several neighborhoods, and in some instances to a communitywide 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
CC 1 center city district.
The primary existing building materials of the commercial building are brick and glass with
architectural metal accents. The applicants are proposing to remodel the exterior and interior
of the existing 3,544 square feet commercial building by repainting the existing metal frame
panels and walls of the building. The existing steel poles located on the front elevation
within the front porch will be replaced or wrapped with brick, concrete or stone columns.
The existing lawful non conforming sign will be removed and be replaced with a conforming
monument style sign with a brick base. The applicants are also proposing to install all the
required foundation planting, vehicle uses area and transition yard the landscape materials as
part of phase 1. An eight foot high solid fence along the entire south property line and along
a portion of east property line will also be installed as required by ordinance. A solid PVC
fence with landscaping will be installed around the proposed dog run area.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, 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 0.98 acres of land area. The
property is improved with a one story commercial building containing 3,544 square feet of
floor area, a single family residence, an accessory structure and related paved vehicle use
areas.
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.
4
Findings of Fact Zoning and Subdivision Hearing Board
Petition 34-08 August 20, 2008
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 storm water control
services.
C. Traffic and Parking Standard. The availability 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 southeast corner of Larkin Avenue and South Belmont
Avenue. Larkin Avenue is an arterial road which serves the west side of Elgin. Belmont
Avenue is a local street serving the adjacent residential uses.
Off street parking is provided in conformance with the Off Street Parking Ordinance.
D. 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 suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
The subject property is designated as "Highway Commercial" by the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically
serve surrounding neighborhood areas, but also larger trade areas connected by the arterial
street system. They may include commercial uses to meet the daily "convenience" goods and
service needs of residents in immediately adjacent neighborhoods. In addition, they typically
include highway -serving uses. The proposed land uses are in keeping with the objectives and
policies of this comprehensive plan designation.
E. 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.
No evidence has been submitted or found that the proposed conditional use will be located,
designed, or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
5
Findings of Fact
Petition 34-08
Zoning and Subdivision Hearing Board
August 20, 2008
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.
General. The proposed exterior building renovations and other site improvements
such as the monument style sign with a brick base and landscaping will enhance the
image of an highly traveled gateway into the city. These improvements will increase
the aesthetic appeal of the property, and will meet the intent of the ARC District.
2. Positive Attributes. The proposed dog day care will provide services that are not
currently available within the City of Elgin.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval, a denial, or an approval with some combination of conditions, there
are no substantive alternatives.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 34-08. On a
motion to recommend approval of the conditional use, subject to the following conditions, the vote
was seven (7) yes and zero (0) no:
Substantial conformance with the Statement of Purpose and Conformance, submitted with
the development application and cover letter signed by Katie A. Manno, Hurlbut & Hurlbut,
P.C, dated May 16, 2008, last revised August 11, 2008.
2. Substantial conformance to the Sound Proofing Statement, Cleanliness and Waste
Management Plan, dated May 16, 2008, and F.Y.D.O Land Business Plan, dated April 18,
2008, prepared by Robin Massey and Richard Zelek.
3. Substantial conformance to the Site Plan (Sheet AS-1), Floor Plan (Sheet Al-1), and
Elevations (Sheet Al-2), prepared by Allen Pepa Architects, Elgin Studio Inc. dated March
25, 2008, last revised April 4, 2008.
4. Substantial conformance to the Landscape Plan (Sheet L-100), prepared by Paul Schartz,
Registered Landscape Architect, dated July 24, 2008.
rol
Findings of Fact
Petition 34-08
Zoning and Subdivision Hearing Board
August 20, 2008
There shall be no more that 15 dogs staying overnight at any one given time.
There shall be no more than 10 dogs at any given time for a maximum of 30 minutes in the
dog run area.
All training classes shall be indoors, no more than three per week and no more than 10 dogs
per class between the hours of 6:00pm to 9:00pm.
All the required and proposed landscape materials shall be installed as part of Phase 1 prior
to the issuance of an occupancy permit, excluding the trees within the transition landscape
yard.
9. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 34-08 was adopted.
Respectfully Submitted,
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Lydia Treganza
Lydia Treganza, Secretary
Zoning and Subdivision Hearing Board
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