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G06-11 Ordinance No. G6-11 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN EMERGENCY VETERINARY SERVICE FACILITY FOR HOUSEHOLD PETS IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (780-796 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a Emergency Veterinary Service Facility for Household Pets in the PNB Planned Neighborhood 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 December 15, 2010 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 emergency veterinary service facility for household pets in the PNB Planned Neighborhood Business District at 780-796 South McLean Boulevard and legally described as follows: Parcel A: That Part Of The Northwest Quarter Of Section 27, Township 41 North, Range 8 East Of The Third Principal Meridian Described As Follows: Commencing At The Northwest Corner Of Said Section 27; Thence North 89 Degrees 49 Minutes 55 Seconds East Along The North Line Of Said Section 27, A Distance Of 1293.18 Feet To The Northeast Corner Of College Green Unit 2 According To The Plat Thereof Recorded August 12, 1988 As Document 1926239 And The Point Of Beginning; Thence Continuing North 89 Degrees 49 Minutes 55 Seconds East Along Said North Line A Distance Of 334.56 Feet; Thence South 7 Degrees 00 Minutes 00 Seconds West A Distance Of 259.76 Feet To The Northerly Right Of Way Line Of College Green Drive As Dedicated By Document 1926240; Thence Westerly Along Said Right Of Way Line Along A Curve To The Left Whose Radius Is 1056.00 Feet An Arc Distance Of 240.88 Feet To The Easterly Line Of Said College Green Unit 2; Thence North 12 Degrees 38 Minutes 43 Seconds West Along Said Easterly Line A Distance Of 294.70 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. Parcel B: That Part Of The Northwest Quarter Of Section 27, Township 41 North, Range 8 East Of The Third Principal Meridian Described As Follows: Commencing At The Northwest Corner Of Said Section 27; Thence North 89 Degrees 49 Minutes 55 Seconds East Along The North Line Of Said Section 27 A Distance Of 1293.18 Feet To The Northeast Corner Of College Green Unit 2 According To The Plat Thereof Recorded August 12, 1988 As Document 1926239; Thence Continuing North 89 Degrees 49 Minutes 55 Seconds East Along Said North Line A Distance Of 334.56 Feet To The Point Of Beginning; Thence Continuing North 89 Degrees 49 Minutes 55 Seconds East Along Said North Line 240.41 Feet To The Westerly Right Of Way Line Of McLean Blvd. As Dedicated By Document 1926240; Thence Southerly Along Said Westerly Line Along A Curve To The Left Whose Radius Is 34, 427.50 Feet An Arc Distance Of 277.95 Feet To The Northerly Right Of Way Line Of College Green Drive As Dedicated By Document 1926240; Thence North 84 Degrees 05 Minutes 31 Seconds West Along Said Northerly Line A Distance Of 119.08 Feet To A Point Of Curve; Thence Continuing Along Said Northerly Right Of Way Line Along A Curve To The Left Whose Radius Is 1056.00 Feet An Arc Distance Of 123.79 Feet; Thence North 07 Degrees 00 Minutes 00 Seconds East A Distance of 259.76 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois (Property Commonly Known As 780-796 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Animal Care Clinic of Randall Pointe, P.C., dated November 9, 2010. 2. Substantial conformance with the Floor Plan, and Site Plan prepared by Animal Care Clinic of Randall Pointe, P.C., dated November 9, 2010. 3. Emergency veterinary service facility for household pets shall be limited to the tenant space in 780-796 South McLean Boulevard, Building 2, Unit A. 4. Compliance with all other codes and ordinances. Section 3. That the conditional use granted herein for an emergency veterinary service facility for household pets shall not be deemed or construed to have terminated the right to continue to operate the existing veterinary service facility for household pets on the subject property granted pursuant to Ordinance G43-04 until such time as the emergency veterinary service facility for household pets is established on the subject property. At such time as the emergency veterinary service facility for household pets is established on the subject property pursuant to the conditional use granted herein the existing conditional use for a veterinary service facility for household pets for the subject property granted pursuant to Ordinance G43-04 shall be deemed terminated and shall be discontinued. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: February 9, 2011 Passed: February 9, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 10, 2011 Published: February 11, 2011 Attest: s/Diane Robertson Diane Robertson, City Clerk December 15, 2010 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 31-10 Requesting Conditional Use Approval in the PNB Planned Neighborhood Business District, to Permit the Establishment of an Emergency Veterinary Service Facility for Household Pets;Property Located at 780-796 South McLean Boulevard,by Animal Care Clinic of Randall Pointe, P.C., as Applicant, and LCK Development, LLC, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PNB Planned Neighborhood Business District Existing Use: Commercial Center Property Location: 780— 796 South McLean Boulevard Applicant: Animal Care Clinic of Randall Point, P.C. Owner: LCK Development, LLC. Staff Coordinator: Dave Waden, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by Animal Care Clinic of Randall Pointe, P.C., requesting a conditional use approval to permit the establishment of an emergency veterinary service facility for household pets in the PNB Planned Neighborhood Business District. The subject property is located at 780-796 South McLean Boulevard (reference Exhibits A, B, C, D and E). The applicant is proposing to operate an "after-hours" emergency veterinary service facility for household pets at the subject property which is located at the northwest comer of South McLean Boulevard and College Green Drive. The proposed facility will occupy approximately 2,000 square feet of tenant space within Building 2,Unit A. The proposed hours of operation for the business are Monday through Friday 6:00 pm until 8:00 am the following day, and weekends on Saturday from noon until Monday at 8:00 am. There will be no hours of operation Monday through Friday from 8:00 am until 6:00 pm unless a holiday falls on a weekday. Conditional use approval must be granted prior to the establishment of the emergency veterinary service facility for household pets, and requires a public hearing and City Council approval. (reference Exhibits F, 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 31-10 on December 15, 2010. The applicant testified at the public hearing and presented documentary evidence in support of the application. No public testimony was presented at the public hearing. Written correspondence that was submitted is attached. Staff submitted a Conditional Use Review dated December 10, 2010. 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 3.24 acres of land.The property is currently improved with 2 multi-tenant commercial buildings and an accessory parking lot. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 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 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 within an established commercial shopping center which is located at the northwest corner of South McLean Boulevard and College Green Drive. Parking will be provided in accordance with the off-street parking ordinance. D. 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. 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 1950: Out of City 1960: Out of City 1962: Out of City 1992: B-3 Service Business District B-1 Retail Business District Present: PNB Planned Neighborhood Business District The subject property was annexed and zoned B-3 Service Business District and B-1 Retail Business District in 1970. A planned development was granted in 2003 to allow for the construction of the two commercial buildings which currently exist on the subject property. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 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 subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area to the north is zoned CF Community Facility District and is developed with the campus of Elgin Community College. The property to the south is zoned PNB Planned Neighborhood Business District and is developed with a commercial center. The area to the west of the subject property is zoned PRC Planned Residential Conservation District and is developed with townhomes. The areas to the east are zoned PORI and are developed with offices. F. 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 in a section of the South McLean Boulevard corridor which has developed with recreational, community facility, commercial, and industrial uses. G. 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 n unused in its current zoning district. 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 PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19.60, Planned Developments. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 to,but departs from the standard requirements of the NB zoning district. The 2,000 square foot facility that currently operates as a daytime veterinary clinic will be converted into an after-hours small animal veterinary emergency facility.This practice will be formed by local area veterinarians located in Elgin,South Elgin,and St.Charles.The floorplan of the current facility will not change with the establishment of this new business.The facility includes three examination rooms, surgical suite and x-ray room. This facility would service dogs,cats and occasionally some birds.No food animals or horses will be served at this facility. Approximately 80%of the animals will be treated as outpatient not requiring hospitalization. There will be limited noise since the facility operates mainly for injured and sick pets, and the animals are outside the building only from the owner's vehicle to the building.The proposed establishment of an emergency veterinary service facility for household pets will be located, designed and operated in accordance with the appearance,character,public health,safety and welfare of the community, and is consistent with the other land uses of the PNB Planned Neighborhood Business District. 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 suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The subject property is designated "Neighborhood Mixed Use" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Neighborhood Mixed Use provides Neighborhood Mixed-Use Centers are designed to meet the daily "convenience" goods and service needs of residents in immediately adjacent neighborhoods. There size would not generally exceed 10 to 30 acres, and would include a mix of small scale retail/service uses,a neighborhood park,and possibly an institutional use such as a church or elementary school. Access is generally from local and collector streets. Too numerous to indicate on the Land Use Plan Map (except for existing locations), neighborhood mixed-use centers should be specifically located and mapped in the course of more focused planning efforts and development review. The proposed land use is in keeping with the objectives and policies of the "Neighborhood Mixed Use" comprehensive plan designation. 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. Findings.The subject property is suitable for the intended conditional use with respect to it 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 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. 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. Positive Attributes. The establishment of an emergency veterinary service facility for household pets is classified as a conditional use in the PNB Planned Neighborhood Business District. The proposed business is in keeping with the intent of the PNB district and with the objectives and policies of the comprehensive plan. It will provide a needed service to the immediate residential subdivisions and will also provide its services to a larger area. 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 31-10. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was five (5) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Animal Care Clinic of Randall Pointe P.C., dated November 9, 2010. 2. Substantial conformance with the Floor Plan and Site Plan,prepared by prepared by Animal Care Clinic of Randall Pointe P.C., dated November 9, 2010. 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 31-10 December 15, 2010 3. Emergency veterinary service facility for household pets shall be limited to the tenant space in 780- 796 South McLean Boulevard Building 2, Unit A. 4. Compliance with all other codes and ordinances. Therefore, the motion to recommend approval of Petition 31-10 was adopted. Respectfully submitted: s/Jack Roder Jack Roder, Chairman Pro Tem Zoning and Subdivision Hearing Board s/Lydia Treganza Lydia Treganza, Secretary Zoning and Subdivision Hearing Board 7