G37-12 Ordinance No. G37-12
AN ORDINANCE GRANTING A CONDITIONAL USE
TO PERMIT THE ESTABLISHMENT OF A CHILD DAY CARE FACILITY
IN THE AB AREA BUSINESS DISTRICT
(545 Hiawatha Drive)
WHEREAS, written application has been made granting a conditional use to permit the
establishment of a child day care facility in the AB Area Business District at 545 Hiawatha Drive;
and
WHEREAS,the Planning&Zoning Commission 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 May 7,2012,made by the Planning&Zoning Commission,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 child day care facility in
the AB Area Business District at 545 Hiawatha Drive and legally described as follows:
That part of the South West 1/4 of Section7,Township 41 North,Range 9 East of the
Third Principal Meridian, described as follows:
Commencing at the intersection of the North line of Route 58 as dedicated by
Document Number 11045854 and the East line of property conveyed in the deed
recorded June 28, 1950 as Document number 14837621 in Cook County, Illinois;
thence North 1 degree 14 minutes East along the East line thereof 400.07 feet;thence
North 89 degrees 15 minute 30 seconds West,a distance of 284.50 feet for the point
of beginning; thence continuing North 89 degrees 15 minutes 30 seconds West, a
distance of 140.0 feet to a line 101.0 feet East of and parallel with the West line of
property conveyed in deed recorded as Document Number 14837621 aforesaid;
thence South 0 degrees 37 minutes West along said parallel line a distance of 100.0
feet;thence North 89 degrees 15 minutes 30 seconds West,a distance of 68.0 feet to
a point on a line that is 33.0 feet. Easterly of(measured at right angles thereto) and
parallel with the West line of property conveyed in deed recorded as Document
Number 14837621 aforesaid; thence North 0 degrees 37 minutes East, along said
parallel line,a distance of 210.0 feet;thence South 89 degrees 15 minutes 30 seconds
East,a distance of 208.0 feet;thence South 0 degrees 37 minutes West,a distance of
110.0 feet to point of beginning, situated in Elgin, Cook County, Illinois.
(Property Commonly Known as 545 Hiawatha Drive).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance and
Attachments, submitted by The Ivy Academy, dated received March 28, 2012 and
revised April 18, 2012. In the event of any conflict between such Statement of
Purpose and Conformance and this ordinance or other applicable city ordinances,
this ordinance or other applicable city ordinances shall supersede and control.
2. Substantial conformance to the Consent & Disclosure, submitted by The Ivy
Academy, dated received March 28, 2012.
3. Substantial conformance to the Alta Survey prepared by MM Surveying Co, Inc.,
dated July 20, 2006, and dated received March 28, 2012.
4. Substantial conformance to the interior site plan, front elevation, site plan, interior
lighting plan prepared by The Ivy Academy dated received March 28, 2012.
5. 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.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 27, 2012
Passed: June 27, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 27, 2012
Published: June 29, 2012
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
May 7, 2012
FINDINGS OF FACT
Planning and Zoning Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 20-12 Requesting a Conditional Use in the AB Area Business District,
to Permit the Establishment of a Child Day Care Facility; Property Located at 545 Hiawatha
Drive,by The Ivy Academy, as Applicant and Bobby Tzotzolis, as owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Existing Use: Vacant Commercial Building
Property Location: 545 Hiawatha Drive
Applicant: The Ivy Academy
Owner: Bobby Tzotzolis
Staff Coordinator: Dave Waden, Senior Planner
LIST OF EXHIBITS
A. Aerial/Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Site Photos (see attached)
E. Statement of Purpose and Conformance,Application (see attached)
F. Draft Conditional Use Ordinance (see attached) •
Exhibit A
Findings of Fact Planning and Zoning Commission
Petition 20-12 May 7, 2012
BACKGROUND
An application has been filed by the Ivy Academy requesting a conditional use to permit the
establishment of a child day care facility in the AB Area Business District. The subject property
is located at 545 Hiawatha Drive(reference Exhibits A,B, C and D).
The applicant is requesting conditional use approval to operate a child day care facility at the
subject property. The applicant is looking to re-establish a community based learning center,
which will offer early childhood education. The hours of operation will be from 6 a.m. to 6:30
p.m. Monday through Friday. The ages of children served will be from three weeks to twelve
years old. The goal of the applicant is to "learn together" while involving community
partnerships, such as the Well Child Center, Kid Care Medical, Elgin Fresh Markets, and
Mothers on a Mission. The partnership with the Well Center and Fresh Market will give them the
advantage of teaching families of the children in their facility health and nutrition. They hope to
meet the needs of the unfunded portion of our community. They will also provide extended
resources for families who may need help with English language (they will offer ESL Classes),
budgets/banking, mortgage assistance, and family mental health.
They will meet the academic needs of the children in a diverse manner, including the methods of
Montessori, and will pull from all methodologies to meet the need of the individual child. They
hope to have all children, regardless of special needs, or special care.
A preschool/day care center is a conditional use in the AB Area Business District and requires a
public hearing and City Council approval (reference Exhibits E and F).
GENERAL FINDINGS
After due notice, as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 20-12 on May 7, 2012. Testimony was presented at the
public hearing in support of the application. No objectors were present. The Community
Development Department submitted a Conditional Use Review dated May 2, 2012.
The Planning and Zoning Commission has made the following general fmdings:
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.
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.
1962: B4 General Service District
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Findings of Fact Planning and Zoning Commission
Petition 20-12 May 7, 2012
1992: B4 General Service District
Present: AB Area Business District
The subject property was annexed into the City of Elgin in 1963 and was zoned B4
General Service District. The property was reclassified in 1992 to AB Area Business
District as part of a comprehensive amendment to the zoning ordinance.
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 property located north of the subject property is zoned MFR multiple family
residence and is developed with the Lords Park Manor Unit 2 multiple family
development.
The property located south and east of the subject property is zoned AB Area Business
District, and is developed with a multi-tenant shopping center and large surface parking
lot.
The area located to the west of the subject property is zoned CF Community Facility
and is developed with multiple baseball fields and surface parking lot.
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 within an area that is developing with a mix of residential
commercial uses, and park/open space.
D. Zoning District 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 location and size of the zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
conformance to the provisions for the purpose and intent, and location and size of the
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
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Findings of Fact Planning and Zoning Commission
Petition 20-12 May 7, 2012
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.
STANDARDS FOR CONDITIONAL USES
The Planning and Zoning Commission 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 an irregularly shaped parcel containing approximately 0.65 acres
of land. The property is improved with a vacant preschool building, 2 outdoor play areas
that are fenced in behind the building, and a paved surface parking lot.
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, and sanitary sewer.
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 on Hiawatha Drive which is a local street serving the
neighborhoods in the vicinity of the proposed day care center.
Off street parking will be 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.
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Findings of Fact Planning and Zoning Commission
Petition 20-12 May 7, 2012
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 serves surrounding neighborhood areas, but also larger trade areas
connected by the arterial street system. They may include all of the commercial uses
found in the mixed-use centers. In addition, they typically include highway-serving uses.
These commercial areas are generally auto dominated with few pedestrian amenities.
The proposed land use is in keeping with the objectives and policies of this
comprehensive plan designation.
The proposed child day care facility for the subject property is in keeping with the goals,
objectives, and policies of the comprehensive plan designation. The child day care
facility offers services to the residents in the immediate area as well as in the surrounding
neighborhoods.
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 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.
F. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Historic Preservation standard.
The subject property is not located within a designated historic district.
DECISION
The Planning and Zoning Commission recommends the approval of Petition 20-12. On a motion
to recommend approval of the conditional use, subject to the following conditions, the vote was
six (6)yes and one (1)no:
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Findings of Fact Planning and Zoning Commission
Petition 20-12 May 7, 2012
1. Substantial conformance to the Statement of Purpose and Conformance and Attachments,
submitted by The Ivy Academy, dated received March 28, 2012 and revised April 18,
2012. In the event of any conflict between such Statement of Purpose and Conformance
and this ordinance or other applicable city ordinances, this ordinance or other applicable
city ordinances shall supersede and control.
2. Substantial conformance to the Consent & Disclosure, submitted by The Ivy Academy,
dated received March 28, 2012.
3. Substantial conformance to the Alta Survey prepared by MM Surveying Co, Inc., dated
July 20, 2006, and dated received March 28, 2012.
4. Substantial conformance to the interior site plan, front elevation, site plan, interior
lighting plan prepared by The Ivy Academy dated received March 28, 2012.
5. Compliance with all applicable codes and ordinances.
6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
7. Compliance with all applicable codes and ordinances.
Therefore,the motion to recommend approval of Petition 20-12 was adopted.
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
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