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HomeMy WebLinkAboutPLAN COMMISSION - 01/09/1978 - AMBULATORY SURGICAL CENTER DOCKET 77-20 Special Meeting Minutes Elk Grove Village Plan Commission January 9, 1978 The special meeting of the Plan Commission was called to order by Chairman Shannon at 8:25 p.m. on Monday, January 9, 1978 in the Multi-Purpose Room of the Municipal Building, 901 Wellington Avenue. MEMBERS PRESENT: STAFF PRESENT: William Shannon, Chairman Thomas Rettenbacher, Leah Cummins, Secretary Building Commissioner John Glass Richard M. Finn, Thomas Hamilton Administrative Assistant Edward Hauser James Petri William Wesley Docket 77-20: Text Amendment to Zoning Ordinance Ambulatory Surgical Treatment Center The petitioners (Elk Grove Village) were requesting a Text Amendment to Section 5.5 of the Zoning Ordinance, to amend the Village's B-2, General Business District. Shannon began the discussion by stating that he had talked to the Village Attorney concerning the importance of a quick decision by the Commission on the Ambulatory Surgical Treatment Center issue. Shannon noted that the Attorney stated that the Commission had a considerable amount of time to analyze the issue before time would become a critical factor in the appeal process . Shannon continued by suggesting that the best purpose of the current Commission meeting was to develop pertinent questions concerning Ambulatory Surgical Treatment Centers and have the Attorney address each question. In this way, Shannon contended that the Commission could develop specific facts which would assist them in the development of their recommendation. Wesley stated that he had contacted several attorneys who were involved in the Ambulatory Surgical Treatment Center issue. Wesley noted that he• was informed of the existance of several ordinances regulating Ambulatory Surgical Treatment Centers in other municipalities . More specifically, Wesley stated that Coco Beach, Florida had a very comprehensive ordinance regulating Ambulatory Surgical Treatment Centers in both zoning and licensing areas. Wesley concluded by suggesting that the Commission investigate the Coco Beach ordinance. Next, Hauser asked if the Commission believed it would be useful to obtain the pertinent ordinances from the communities mentioned in Long's letter dated November 16, 1977. Hauser noted that during the Public Hearing, Long's Attorney submitted the letter with six locations where Ambulatory Surgical Treatment Centers operated. Wesley stated that he believed that Hauser's suggestion was a good idea and he suggested that the Commission follow up on the idea. Hamilton stated that the Commission might want to recommend that the Village adopt licensing restrictions for Ambulatory Surgical Treatment Centers in addition to the Commission's zoning recommendation. Wesley noted Hamilton's suggestion and he stated that the Commission's Plan Commission Minutes - 2 - January 9, 1978 Ambulatory Surgical Treatment Center (continued) first obligation was to address the zoning aspects which included any _ aspects which dealt with the surrounding environment. Wesley did _note _ _ that any_ recommendation- that the Commission render could not discriminate against abortions and other permitted treatments . Shannon continued the discussion by requesting Finn to obtain a copy of the Special Use which authorized the building of Alexian Brothers . Hamilton agreed that a copy of the Special Use ordinance should be furnished to the Commission. Hamilton also suggested that the Commission investigate the possibilities of requiring counseling services at the Ambulatory Surgical Treatment Centers. Shannon agreed with Hamilton, although he noted that it would be more appropriate to handle the counseling require- ment in the licensing procedure. Wesley next suggested that the Commission redefine in detail the medical uses which the current Zoning Ordinance provides ; namely, the medical offices and hospitals. Wesley noted that by pursuing this suggestion, the Plan Commission could reinforce the contention that the Village's Zoning Ordinance did not provide for Ambulatory Surgical Treatment Centers. Wesley continued by stating that once the Commission clarified the existing medical uses, then they could proceed to define the zoning requirements for Ambulatory Surgical Treatment Centers . Shannon agreed with Wesley's suggestion. Hamilton asked if it would be possible to exclude abortions and vasectomies in one type of zoning classification, while at the same time provide a second zoning classification which would allow these medical procedures. Hauser stated that he felt that the Village would have to abide by the State's definition and therefore a separate classi- fication would not be acceptable. Shannon requested Finn to obtain the Village Attorney's opinion on Hamilton's suggestion. Petri stated that the Commission might regulate Ambulatory Surgical Treatment Centers by their location and proximity to other uses such as residential or commercial districts . Shannon noted Petri 's suggestion and he stated that the Commission might want to take Petri 's idea one step further and allow Ambulatory Surgical Treatment Centers only with a Special Use Permit. Wesley noted that he thought Shannon's suggestion was well worth investigating. However, Wesley stated that the Commission should first identify the zoning districts which would be totally undesirable for Ambulatory Surgical Treatment Centers. Wesley continued by asking why the Village's proposed Text Amendment allow Ambulatory Surgical Treatment Centers in 6-2 Districts.__ Rettenbacher responded by stating that the Village felt that the proposed us_e was appr_o_pri_a_t_ely located in a commercial district. Wesley next asked if the proposed use would conform with a Special Use in a Residential District. Rettenbacher stated that he believed it would conform because the Village's Zoning Ordinance permitted hospitals in a Residential District with a Special Use. Rettenbacher also noted that hospitals were also allowed in Office and Transitional Districts . Wesley continued the question by asking where the Village allowed medical offices. Rettenbacher stated that medical offices were permitted in B-1 , B-2 and B-3 Districts , and also in 0 and T Districts . Wesley next asked if Ambulatory Surgical Treatment Centers fell more in line with hospitals or medical offices . Rettenbacher stated that he felt that the Commission could argue that Ambulatory Surgical Treatment Centers Plan Commission Minutes - 3 - January 9, 1978 Ambulatory Surgical Treatment Center (continued) were in fact more like hospitals. Wesley noted that if the Commission could legally argue that Ambulatory Surgical Treatment Centers were more like hospitals, the Commission could justify the requiring of Ambulatory Surgical Treatment Centers to be placed in the same zoning as hospitals. Shannon suggested that hospitals were viewed as services to the community whereas Ambulatory Surgical Treatment Centers were viewed as business-type services . Shannon concluded that the Commission's first task was to determine which district the Ambulatory Surgical Treatment Centers should operate from. Shannon requested Finn to contact the Village's Planning Consultant and have him submit his views on the issue. Cummins noted that hospitals required specific safeguards against germs and bacteria and she suggested that those required safeguards might be very appropriate from the proposed Ambulatory Surgical Treatment Centers. Hamilton agreed with Cummins ' observation and he asked if there were any codes which required Ambulatory Surgical Treatment Centers to have the same standards as hospitals . Rettenbacher stated that the Village's Building Codes cover both uses, and he noted that he would research the Code requirements and report back to the Commission. Hamilton stated that the Commission should also concern themselves with emergency power backups for any Ambulatory Surgical Treatment Centers. Cummins agreed with Hamilton and she reinforced the position by stating that emergency power was essential . Rettenbacher stated that he would refer to the Building Codes on the emergency power issue and report back to the Commission. At this point, Shannon requested Finn to research the State requirements for establishing hospitals . Elk Grove Industrial Park Unit No. 16 Shannon noted that at the January 4, 1978 Plan Commission meeting, the Commission was advised by the Clerk's Office that the "Plat of Easement for Public Utilities and Drainage" for the Elk Grove Industrial Park Unit No. 16.was corrected by Gremley and Biederman. Prior to the correction, the easement was incorrectly shown on the plat. Shannon noted that no action was required. The meeting adjourned at 11 :20 p.m. Submitted by, Richard M. Finn Administrative Assistant RMF:ms (1/13/78)