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G32-14 Ordinance No. G32-14 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICES FACILITY IN THE AB AREA BUSINESS DISTRICT (1590 Weatherstone Lane, Unit 8) WHEREAS, written application has been made requesting conditional use approval for a child daycare services facility in the AB Area Business District; 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 with the findings and recommendation of the Planning & Zoning Commission. 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 5, 2014, 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 daycare services facility in the AB Area Business District at 1590 Weatherstone Lane, Unit 8, and legally described as follows: Unit No. 8 in the Northwest Professional Building Condominium as delineated on a Plat of Survey of the following described Real Estate: Lots 4 and 6 of Martin's Boulevard Commercial Park, in the City of Elgin, Kane County, Illinois, which Plat of Survey is attached as Exhibit "A" to the Declaration of Condominium recorded as Document No. 1951434 together with its undivided percentage interest in the common elements (Property commonly known as 1590 Weatherstone Lane, Unit 8). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. In the event of any conflict between such documents and the terms and provisions of this ordinance or any other applicable ordinance, the terms and provisions of this ordinance or other applicable ordinances shall supersede and control. 2. Substantial conformance to Site Plan (Exhibit A), Floor Plan (Exhibit B), Interior Lighting Plan (Exhibit C), submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. 3. The child daycare services facility will be restricted to Unit 8, within the Northwest Professional Building, located 1590 Weatherstone Lane. 4. There shall be no cooking and or food preparations done at the daycare services facility. Students will be provided with a pre-packaged afternoon snack. 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. ,_2 David J. Ka ain, NtTyor Presented: June 11, 2014 Passed: June 11, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 11, 2014 Published: June 12, 2014 # URgS FLUMIN�S �� Attest: f , ' Kimberly Dewis, City Clerk - 2 - May 5, 2014 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Conlinunio Development Department CRN of Elgin, IL OVERVIEW Anita L. Scott, doing business as Bright Stars Academy, Inc., requests approval of a conditional use to permit the establishment of a Child Daycare Services Facility at 1590 Weatherstone Lane, Unit 48. The Planninp- & Zoning Commission recommends approval of the application, subject to the conditions outlined at the end of this report GENERAL INFORMATION Petition Number: 17-14 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 17-14 on May 5, 2014. The applicant submitted a Statement of Purpose and Conformance dated received April 10, 2014, and testified at the public hearing. Applicant: Bright Stars Academy Inc. Staff Coordinator: Denise Momodu, Associate Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance, Application F. Draft Conditional Use Ordinance BACKGROUND & PROJECT DETAIL The owner is proposing to operate a child daycare services facility at 1590 Weatherstone Lane, Unit 8. The proposed after-school program and tutoring services, to be named "Bright Stars Academy," will be an extension of the existing child daycare services located at 1560 Weatherstone Lane. The school will occupy 1,100 square feet of floor area and the only students Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 17-14 May 5, 2014 using the space will be school-age children in grades 1 through 6. They will receive help with their homework and tutoring services during the afternoon hours from 2 p.m. to 6 p.m., Monday through Friday. The general business hours for the daycare services facility will be from 1 p.m. to 6:30 p.m., Monday through Friday. Other businesses that occupy the building are medical offices such as a general medical practitioner, a dentist and a pediatrician. Fox Valley Baptist Association has a general administration office of their church in one of the units. Child Daycare Services are conditional uses in the AB zoning district and require a public hearing and City Council approval. 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. GENERAL FINDINGS The Planning and Zoning Commission has made the following general findings: A. Zoning History: The subject property was annexed as part of the Eagle Heights Unit 1 and PT Wing Street annexation in 1959, under ordinance No. 5-625 and zoned D Commercial district. In 1992, the property was reclassified to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. City records indicate that the existing building was constructed in 1974. A-Tri County Driving School was the last business to occupy Unit 8. B. Surrounding Land Use and Zoning: The areas located to the south and west of the subject property are zoned MFR Multiple-Family Residence District and are developed with apartment buildings and surface parking lots. The areas to the east and southeast are zoned AB Area Business District and are developed with offices and a child daycare services facility. The land area north of the property is located in unincorporated Kane County containing the railroad tracks of the Chicago & Northwestern Transportation Corporation on which provides for the operation of the RTA's Metra System Milwaukee District/West Line. C. Trend of Development: The subject property is located within an area that has developed with a mix of offices, commercial, institutional and multi-family residential uses. D. 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 center city district. E. Comprehensive Plan: The subject property is designated "Highway Commercial" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 17-14 May 5, 2014 Highway Commercial typically serve 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 such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed land uses are in keeping with the objectives and policies of this comprehensive plan designation. STANDARDS FOR CONDITIONAL USES The Planning & 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 proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property contains 40,406 square feet of land, and is improved with a two-story brick and block commercial building and a paved vehicle use area. The space for the proposed child daycare services establishment is 1,100 square feet. 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 served by municipal water and sanitary sewer systems. 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 has frontage along Weatherstone Lane which is a local street serving the subject property and the surrounding commercial district. Off street parking will be provided in conformance with the off street-parking ordinance. 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. 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. 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 17-14 May 5, 2014 The proposed school will only be used by students in grades 1 through 6. They will receive help with their homework and tutoring services during the afternoon hours from 2 p.m. to 6 p.m., Monday through Friday. The facility will only be open from 1 p.m. to 6:30 p.m., Monday through Friday, and will remain closed for the remaining part of the business day and on weekends. No cooking and or food preparations will be done on-site, therefore there will no need for washing, rinsing and or sanitizing of any items for eating or food servicing purposes. Students will be provided with a pre-packaged afternoon snack. All napkins and plastic eating utensils will be either recycled or discarded after use. E. 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. This standard is not applicable as the subject property is not designated as a historic landmark nor is it located within a historic district. COMMENTS FROM OTHER CITY DEPARTMENTS The following are additional comments and/or requirements provided by other city departments regarding the applicability of life/fire safety and other codes and whether or not that applicability materially affects the project plans. 1. Fire Department Comments that materially affect the site and/or building plans No Comments. The plans were reviewed in concept and no issues were determined. Comments that will be addressed during the Plan Review/Permitting process Not Applicable 2. Community Development—Building and Development Division Comments that materially affect the site and/or building plans No Comments. The plans were reviewed in concept and no issues were determined. Comments that will be addressed during the Plan Review/Permitting process Not Applicable 3. Community Development—Code Enforcement Division Comments that materially affect the site and/or building plans No issues from Code Enforcement. 4 Recommendation & Findings of Fact Planning & Zoning Commission Petition 17-14 May 5, 2014 Comments that will be addressed during the Plan Review/Permitting process Not Applicable 4. Community Development—Health Division Comments that materially affect the site and/or building plans Health has no objections or further comments. Comments that will be addressed during the Plan Review/Permitting process Not Applicable, as there will be no cooking and or food preparation on-site. 5. Public Works - Engineering Division Comments that materially affect the site and/or building plans Engineering has no objections or further comments. Comments that will be addressed during the Plan Review/Permitting process Not Applicable 6. Police Department Comments that materially affect the site and/or building plans No issues from Police. Comments that will be addressed during the Plan Review/Permitting process Not Applicable. 7. Public Works—Parks and Open Space Maintenance Comments that materially affect the site and/or building plans Not Applicable Comments that will be addressed during the Plan Review/Permitting process Not Applicable 8. Water Department Comments that materially affect the site and/or building plans No Comments Comments that will be addressed during the Plan Review/Permitting process Not Applicable 5 Recommendation & Findings of Fact Planning & Zoning Commission Petition 17-14 May 5, 2014 ADDITIONAL PERMITS/APPROVALS REQUIRED The following are additional permits and/or licenses of other governmental agencies that are required prior to obtaining a final Certificate of Occupancy for the proposed land use on the property. Illinois Department of Children and Family Services A Daycare Center License needs to be issued by the State. The owner has submitted an application to the Illinois Department of Children and Family Services. RECOMMENDATION DETAIL By a vote of five (5) yes, zero (0) no, the Planning & Zoning Commission recommends the approval of Petition 17-14, subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. 2. Substantial conformance to Site Plan (Exhibit A), Floor Plan (Exhibit B), Interior Lighting Plan (Exhibit C), submitted by Anita Scott, Owner and President, Bright Stars Academy, Inc., LLC, dated received April 10, 2014. 3. The child daycare services facility will be restricted to Unit #8, within the Northwest Professional Building, located 1590 Weatherstone Lane. 4. There shall be no cooking and or food preparations done at the daycare services facility. Students will be provided with a pre-packaged afternoon snack. 5. Compliance with all applicable codes and ordinances. s/ Robert Siljestrom Robert Siljestrom, Chairman Planning& Zoning Commission s/Dave Waden Dave Waden, Secretary Planning& Zoning Commission 6 F,. l T ler Creek Ty let �? S: 4 c L L mr-.t Big Timber v Timber - " v ° - , S -•__� * Mark n Weatherstone Qep •\P\ 1 + t ,,... '� �'� _ is y V � :,t � �, •,� ,� _ Abbott Mildred I � r A R S • • 1 1 11 11 11 X11 PMFR GI CF PRC Byron AB PGI Subject Property cI Petition 17-14 Legend C3Residence Conservation 1 MFR OResidence Conservation 2 GI OResidence Conservation 3 QPlanned Residence Conservation Q Single Family Residence 1 O Single Family Residence 2 QPlanned Single Family Residence 2 Two Family Residence S. Multiple Family Residence `r AB _Planned Multiple Family Residence QResidence Business Q� Planned Residential Business -Neighborhood Business -Planned Neighborhood Business -Area Business -Planned Area Business MFR _Center City 1 -Center City 2 -Planned Center City -Office Research Industrial -Planned Office Research Industrial RC1 � 4 R x =General Industrial -Planned General Industrial Commercial Industrial 40 -Planned Community Facility Q y -Community Facility -Fox River Preservation O -Planned Center City 2 OPlanned Single Family Residence 1 Planned Two Family Residence EXHIBIT B Zoning Map " �� w�1: S City of Elgin 0 70 140 280 420 560 Feet Department of Community Development Timber subject Property unit te rstOne Ln 1590 eatt . VA4 Pefit'On ---- -- - --------------------- ----- --- ------11----- -- - - - -- ----------------------- - ----------------- ------ ------ ------------------- - 06_1().103-044 Weatherstone Abbott parcel Map 240 C C () 30 r�O 120 feet EXHBNT City of Elgin Mu6ity Development Department 01 COM SITE LOCATION 1590 Weatherstone Petition 17-14 Site w 4. S f Location Perspective View ■ r+ vs � ■ Attachment , SITE LOCATION 1590 Weatherstone Petition Perspective View , Site Pictures ■ e: 2