CITY OF BATAVIA. DATE: October 16, 2018 TO: FROM:

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1 DATE: October 16, 2018 TO: FROM: Committee of the Whole - CD Joel Strassman, Planning and Zoning Officer SUBJECT: Ordinance Conditional Use Permit for Medical Offices and Clinic Geneva Family Practice, 815 North Randall Road Geneva Family Practice, applicant CITY OF BATAVIA Summary: Attached draft Ordinance would grant approval of a conditional use permit to Geneva Family Practice to operate medical offices and a clinic in the lease space at 815 North Randall Road. The property is located on the north side of Hawks Drive between the Walmart parking lot and PNC Bank, south of Pep Boys and Pacer Dental. Background: The subject property is zoned GC General Commercial District, but allowed land uses are regulated by a planned development (Ordinance 03-15) that includes Walmart and properties east to Randall Road. The GC District does not allow medical offices and clinics and the original planned development specifies allowed and prohibited uses, with medical offices being prohibited. In 2013 the City Council approved Ordinance that amended the planned development to add medical and dental offices and clinics with conditional use approval to the uses allowed on the portion of the planned development property that includes this building on Hawks Drive. In 2009 the City Council approved Ordinance that also amended Ordinance to allow an immediate care clinic in the subject lease space with a conditional use approval. Geneva Family Practice proposes to use 3,600 square feet of the approximately 10,600 square foot building for their practice of 12,000 patients, many of which are Batavia residents. In their conditional use permit application information (attached), Geneva Family Practice doctors Chris Fahey and Robert Rivers note their patients often pair office visits with shopping trips and restaurant meals, bringing customers to nearby businesses. Geneva Family Practice offers weight loss programs that include retail sale of related products. Additional information is available in the September 26, 2018 staff memo to the Plan Commission. The Plan Commission held the public hearing on October 3. In response to a Commissioner question, Dr. Fahey stated that the practice would be staffed at any given time by 3-4 practitioners, 3-4 medical assistants, and office support staff. The practice employs a total of 18 persons. No audience members spoke at the hearing. The Plan Commission was supportive of the proposal and welcomed Dr. Fahey. The Commission made positive findings of fact that are included in draft Ordinance Alternatives: The City Council can approve Ordinance as presented, consider conditions of approval, or not approve the Ordinance. Pros: Approval of the Ordinance will allow Geneva Family Practice to serve the public at the proposed location. Cons: Staff has not identified any negatives in approving this Ordinance. Not approving the Ordinance would continue the lease space s vacancy. Any other allowed medical use seeking to occupy the property would also require conditional use approval. Budget Impact: A positive impact may occur as a result of the limited retail sales on the premises and potential new retail customers visiting Batavia. Staff Impact: None. Timeline for Actions: COW action on draft Ordinance will allow the Ordinance to appear on the November 5 City Council agenda for final action.

2 Recommendations: By a vote of 5-0 (2 absent) the Plan Commission recommended approval of a conditional use permit for the proposed medical offices and clinic. Consistent with its recommendation for approval to the Commission, staff recommends approval of draft Ordinance as presented. Attachments 1. Draft Ordinance Conditional Use application material c Department Heads Geneva Family Practice, applicant Media 2

3 CITY OF BATAVIA, ILLINOIS ORDINANCE CONDITIONAL USE PERMIT FOR MEDICAL OFFICES AND CLINIC Geneva Family Practice, Applicant (815 North Randall Road) ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 5 th DAY OF NOVEMBER, 2018 Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 6 th day of November, 2018 Batavia, IL of 4 pages

4 CITY OF BATAVIA, ILLINOIS ORDINANCE CONDITIONAL USE PERMIT FOR MEDICAL OFFICES AND CLINIC Geneva Family Practice, Applicant (815 North Randall Road) WHEREAS, Dr. Christopher Fahey and Dr. Robert Rivers of Geneva Family Practice have submitted an application requesting a Conditional Use Permit to allow the operation of medical offices and clinic in the GC General Commercial zoning district on property located at 815 North Randall Road, such property being leased and being part of property legally described as: THE SOUTH 150 FEET OF LOT 5 IN FABYAN RANDALL SUBDIVISION, BEING A SUBDIVISION IN PART OF THE NORTHEAST ¼ OF SECTION 17, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 2, 2003 AS DOCUMENT 2003K073410, IN GENEVA TOWNSHIP, KANE COUNTY, ILLINOIS. (PIN ); and WHEREAS, the City Council approved Ordinance amending Ordinance that established a planned development encompassing this and other property, to add medical and dental offices and clinics with conditional use approval to the uses allowed on the portion of the planned development property that includes the property legally described herein; and WHEREAS, public notice for the public hearing was duly executed and the Batavia Plan Commission held a public hearing on October 3, 2018; and WHEREAS, following said Plan Commission public hearing, the Plan Commission made the following findings: 1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general; Finding: The subject property has a history of medical related businesses without detriment to the public in general. The proposed medical offices would be very similar to the previous uses and likewise would not be a detriment. 2. The proposed use, as conditioned, conforms with the purposes, intent, and policies of the Comprehensive Plan and any applicable area, neighborhood, or other plan adopted by the City Council; 2 of 4 pages

5 CITY OF BATAVIA, ILLINOIS ORDINANCE Finding: Goal 1 of the Batavia Comprehensive Plan s Land Use Element stresses the need to balance land uses and maintain employment areas. The proposed use would fit the variety of land uses in the vicinity. Goal 8 of Economic Development and Redevelopment Element seeks to increase customer and visitor activity. Geneva Family Practice has a large patient base that would visit Batavia and be potential customers to nearby Batavia businesses. 3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements; Finding: The proposed use would be located on a property that has an effective planned development that provides zoning control regarding land uses. The proposed use is consistent with the effective planned development. 4. The proposed use, as conditioned, would not unreasonably interfere with the use and enjoyment of nearby properties. Finding: The proposed use would fit its surroundings and not interfere with the use and enjoyment of nearby properties; and WHEREAS, after making its findings, the Plan Commission recommended to the City Council approval of a Conditional Use Permit for medical offices and clinic being granted to Geneva Family Practice; and WHEREAS, on October 23, 2018, the City Council s Committee of the Whole reviewed the application, the record of the public hearing, and the actions and findings of the Plan Commission and recommended approval of a Conditional Use Permit being granted to Geneva Family Practice; and WHEREAS, the City Council of the City of Batavia has considered the recommendations of both the Plan Commission and the Committee of the Whole. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois: SECTION 1: The application for a Conditional Use Permit submitted by Dr. Christopher Fahey and Dr. Robert Rivers of Geneva Family Practice to allow the operation of medical offices clinic for Geneva Family Practice on property located at 815 North Randall Road is hereby approved. SECTION 2: That this Ordinance shall be in full force and effect upon its presentation, passage and publication according to the law. 3 of 4 pages

6 CITY OF BATAVIA, ILLINOIS ORDINANCE PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 5 th day of November, APPROVED by me as Mayor of said City of Batavia, Illinois, this 5 th day of November, Jeffery D. Schielke, Mayor Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Stark 5 Uher Atac 6 Cerone Russotto 7 McFadden Brown Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 aldermen ATTEST: Ellen Posledni, City Clerk 4 of 4 pages

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8 From: To: Cc: Subject: Date: Dr. Fahey Strassman, Joel 815 N. Randall Road Friday, August 24, :01:20 PM Dear Joel, It was interesting to meet with you today, and to learn the history of the zoning of the Randall Road corridor parcel where Delnor s Urgent Care Center had previously operated. Dr Rivers and I became aware of the space at 815 North Randall Road when searching for a new location for our office. That space is being advertised by the real estate agent as fully built out medical space, with no mention of zoning issues. I have attached the Google Map image, and the Real Estate flyer advertising the building. When we were shown the space, it was clear that as is, it was configured as a medical office, with a waiting room, a front reception area, and exam rooms laid out in two corridors, much the same footprint as the office we currently practice out of. To use it for any other purpose would require a new tenant to do extensive and costly remodeling. For us to use it, it would be a matter of moving down the road and turning on the lights. The current owner has had difficulty leasing the space, as it is hidden from southbound traffic by a bank of trees and other businesses, and is not easily accessible to northbound traffic. Because our practice is mature and our clientele dedicated, there is no detriment to the location from our point of view, no need for road-front signage, no issues about marketing or visibility. As I pointed out in the letter accompanying the Conditional Use Permit Application, our patients frequently leave our office on their way to a shopping destination, not just to fill prescriptions, but to buy groceries, medical supplies, and lunch. If they are already in Batavia, that means sales tax revenue for Batavia. While the intent of the zoning is very understandable, I just bet my $500 application fee that this is a win-win-win situation for the City of Batavia, the owner of the property, and for our practice. I look forward to the completion of the process, and am ready to take the next steps so that we can start bringing dividends to Batavia. Yours Truly, Chris Fahey, MD 302 Randall Road, Geneva, Il, 60134

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