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HomeMy WebLinkAboutG35-02 Ordinance No. G35-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF DRUG STORE / PROPRIETARY STORE WITH ACCESSORY PACKAGE LIQUOR SALES WITHIN AN AB AREA BUSINESS DISTRICT AND ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1700 Larkin Avenue and 1735 Grandstand Place) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a drug store / proprietary store with accessory package liquor sales within the AB Area Business District and an Arterial Road Corridor Overlay District at 1700 Larkin Avenue and 1735 Grandstand Place; 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 February 20, 2002 , 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 for a planned development which will allow for the construction of a drug store / proprietary store with accessory package liquor sales within the AB Area Business District and the Arterial Road Corridor Overlay District at 1700 Larkin Avenue and 1735 Grandstand Place and legally described as follows : LOTS 1 AND 2 OF LARKIN - WEST PROFESSIONAL PARK, INC. , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NO. 1059399 (PROPERTY COMMONLY KNOWN AS 1700 LARKIN AVENUE AND 1735 GRANDSTAND PLACE) . I t be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Development Application, submitted by Peter Bazos, undated. 2 . Substantial conformance to the proposed Site Plan, prepared by Precision Blue Incorporated, and dated January 14 , 2002 and revised April 11, 2002 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 3 . Substantial conformance to the proposed Lighting Plan, prepared by Precision Blue Incorporated, and dated January 14 , 2002 and revised April 11 , 2002 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services, and shall include compliance with conditions 6, 7 and 8 on the letter to Peter Bazos from Todd Wyatt, dated January 16, 2002 . 4 . Substantial conformance to the proposed Landscape Plan, prepared by Signature Design Group, and dated December 10 , 2001 and revised April 15, 2002 . Revisions rft shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 5 . Substantial conformance to the proposed Exterior Building Elevations, prepared by Arcline Associates, Ltd. , and dated April 9, 2002 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services, and shall include compliance with conditions 1 through 4 on the letter to Peter Bazos from Todd Wyatt, dated January 16, 2002 . 6 . Substantial conformance to the proposed Monument Sign Data and Exterior Sign Data, prepared by Arcline Associates, and dated April 9, 2002 . Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services . 7 . Compliance with all other 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. Ed chock, Mayor Presented: May 8, 2002 Passed: May 8, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: May 9, 2002 Published: Attest : Dolonna Mecum, City Clerk r • • February 20,2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 03-02 Requesting a Conditional Use for a Planned Development in the AB Area Business District and the ARC Arterial Road Corridor Overlay District, to Permit the Construction of a Building to be Used as a Drug Store/Proprietary Store with Accessory Package Liquor Sales;Property Located at 1700 Larkin Avenue and 1735 Grandstand Place by Lyle Partners, LLC, as Applicant, and John R. Lundstrom and Elgin Board of Realtors, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Current Use: Offices Proposed Use: Drug Store and Proprietary Store with Accessory Package Liquor Sales Property Location: 1700 Larkin Avenue and 1735 Grandstand Place Applicant: Lyle Partners, LLC Owners: John R. Lundstrom and Elgin Board of Realtors Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) rib' D. Aerial Photo (see attached) E. Photographs of Site (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20, 2002 F. Development Application (see attached) G. Draft Conditional Use Ordinance (see attached) H. Correspondence (see attached) BACKGROUND An application has been filed by Lyle Partners, LLC, requesting a conditional use for a planned development in the AB Area Business District and the ARC Arterial Road Corridor Overlay District. The subject property is located at 1700 Larkin Avenue and 1735 Grandstand Place (reference Exhibits A, B, C, D, and E). The applicant proposes to redevelop the subject property with a 14,490 square foot commercial building.The proposed land use is a Walgreens drug store which will include package liquor sales. The proposed development will include a double-lane drive through pharmacy window. The proposed accessory package liquor sales requires conditional use approval.Under the provisions of the ARC Arterial Road Corridor Overlay District,the applicant is requesting departures from the standard regulations of the AB District for signage (reference Exhibits F, G, H and I). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 03-02 on February 6,2002. The applicant testified at the public hearing and presented documentary evidence in support of the application.Objectors to the petition appeared and spoke at the public hearing. Written correspondence has been submitted. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned developments: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its size;shape; significant natural features including topography, watercourses, and vegetation; and existing improvements. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the site characteristics standard. The subject property contains two separate irregularly shaped parcels containing 58,400 square feet of lot area. Parcel one, 1700 Larkin Avenue, is located at the northwest corner -2- • • Findings of Fact Zoning and Subdivision Hearing Board fir* Petition 03-02 February 20, 2002 of Larkin Avenue and Lyle Avenue and is developed with a 4,000 square foot office building. Parcel two, 1735 Grandstand Place, is located at the southwest corner of Grandstand Place and Lyle Avenue and is developed with a 2,500 square foot office building. Each parcel contains an accessory off-street parking lot. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the traffic and parking standard. The subject property is located between Grandstand Place and Larkin Avenue,west of Lyle Avenue. Larkin Avenue is an arterial street serving the west side of Elgin. Lyle Avenue is a collector street serving the area businesses and residential subdivisions to the north and south of Larkin Avenue. Grandstand Place is a local cul-de-sac serving the adjoining businesses. The site can be accessed from Larkin Avenue on the south and from two points of access on Grandstand Place. The proposed parking lot will promote safe and efficient on-site traffic circulation. There is adequate stacking capability for the drive through lanes. Parking will be provided in conformance with the requirements of the zoning ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district.The subject property was zoned as follows for the years listed: -3- Findings of Fact Zoning and Subdivision Hearing Board ,,.. Petition 03-02 February 20,2002 1927: Out of City 1950: Out of City 1960: Out of City 1962: B3 Service Business District 1992: AB Area Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District The subject property was annexed and zoned B3 Service Business District in January 1962. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The property to the north of the subject property, across Grandstand Place, is zoned AB Area Business District and is developed with office buildings. The property to the west of the subject property is zoned AB Area Business District and is developed as a medical office complex. The property directly to the south of the subject property, across Larkin Avenue, is zoned AB Area Business District and is developed with a gas station/convenience store. The property to the east of the subject property, across Lyle Avenue, is zoned AB Area Business District and is developed with a Jewel grocery store and an Osco drug store. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to 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 for a planned development with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within an AB Area Business District that is developed with a mix of commercial land uses. -4- Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20, 2002 G. Zoning District Standard. The'suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a 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 community wide 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 CC1 Center City District. The purpose and intent ofthe ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. With respect to the underlying AB District regulations,the proposed Walgreens drug store with accessory package liquor sales is allowable as a conditional use, and will be designed and operated in conformance with the AB District regulations. The subject property is also located within the ARC District,and will be developed in conformance to the ARC District design guidelines. H. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the provisions for the purpose and intent of planned developments. No conditional use for a planned development shall be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. -5- Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20,2002 Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provision for the purpose and intent of planned developments. The proposed planned development will allow for the construction of a new building on land which is undevelopable without planned development approval. The proposed development is consistent with the established trend of development in the area. The proposed building will be an attractive amenity at this significant intersection. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the comprehensive plan. The subject property is designated as"Area/Village Center"by the Official Comprehensive Plan ofElgin(1983). This designation includes retailing and office uses as well as accessory activity associated with such uses. The proposed Walgreens drug store is consistent with this land use designation. J. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the preservation of all significant planned development with respect to the preservation of all significant natural features including topography,watercourses,wetlands, and vegetation. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the natural preservation standard. The subject property is currently developed. There are several mature trees and shrubs located on the subject property that are worthy of preservation. The developer has proposed to preserve several trees and shrubs currently located on the property. K. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The proposed site is designed and operated in a manner that facilitates safe and efficient traffic circulation for its customers. -6- Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20, 2002 PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the following departures from the standard requirements of the AB Area Business District: Section 19.50.050(A.2)Maximum Surface Area. In the AB District,the maximum surface area of a freestanding sign is 60 square feet and the maximum allowable height is 10 feet. The applicant is proposing one 10 foot high freestanding monument style sign with an electronically driven message.The entire monument sign contains 105 square feet of surface area(a 75%departure). Section 19.50.050 (B.1,2) Maximum Number and Maximum Surface Area. In the AB District,the maximum number of wall signs is two on each store front,containing a total of 80 square feet of surface area or less. The applicant is proposing four wall signs (a 100% departure)containing a total of 127 square feet in surface area(a 63%departure)on both the south and east elevations. The applicant has proposed no wall signs for the west elevation and one wall sign which conforms to the sign ordinance for the north elevation. rbk 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. 1. Positive Attributes. The developer is proposing a new retail building which will be of masonry construction and which will conform to the ARC Arterial Road Corridor Overlay District guidelines with respect to site design. The Community Development Group has suggested various architectural enhancements and site design improvements. The applicant has agreed to all of staff's suggestions,except for compliance to the sign ordinance (letters attached). The new drug store is likely to generate additional retail and property tax revenue for the community. 2. Trend of Development. The subject property is located within an AB Area Business District that is developed with a mix of commercial land uses. 3. Comprehensive Plan. The subject property is designated as"Area/Village Center"by the Official Comprehensive Plan of Elgin (1983). This designation includes retailing and office uses as well as accessory activity associated with such uses. The proposed Walgreens drug store is consistent with this land use designation -7- Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20, 2002 B. Summary of Unresolved Issues. The petitioner is requesting several departures from the sign ordinance. The Community Development Group recommends that all signs comply with the requirements of the zoning ordinance. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends the approval of Petition 03-02.On a motion to approve Petition 03-02, subject to the following conditions, the vote was seven(7)yes and zero(0)no: 1. Substantial conformance to the Development Application, submitted by Peter Bazos, rbk undated. 2. Substantial conformance to the proposed Site Plan,prepared by Precision Blue Incorporated, and dated January 14, 2002. Revisions shall be made thereto, if found necessary or not in code compliance,per the Department of Code Administration and Development Services, and shall include compliance with conditions 9 and 10 on the letter to Peter Bazos from Todd Wyatt, dated January 16,2002 and conditions 1 through 4 on the letter to Peter Bazos from Todd Wyatt, dated January 17, 2002. 3. Substantial conformance to the proposed Lighting Plan, prepared by Precision Blue Incorporated, and dated January 14, 2002. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services,and shall include compliance with conditions 6,7 and 8 on the letter to Peter Bazos from Todd Wyatt, dated January 16, 2002. 4. Substantial conformance to the proposed Landscape Plan, prepared by Signature Design Group, and dated December 10,2001. Revisions shall be made thereto,if found necessary or not in code compliance, per the Department of Code Administration and Development Services,and shall include a minimum 4 foot wide foundation planting along the south and east elevations and compliance with conditions 11 through 15 on the letter to Peter Bazos from Todd Wyatt, dated January 16, 2002. r -8- • Findings of Fact Zoning and Subdivision Hearing Board Petition 03-02 February 20, 2002 5. Substantial conformance to the proposed Exterior Elevations,Details, Sign Data,submitted by Walgreens Facilities Planning and Design,and dated July,2001. Revisions shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services, and shall include compliance with conditions 1 through 4 on the letter to Peter Bozos from Todd Wyatt, dated January 16, 2002. 6. Full conformance to the sign ordinance. 7. Compliance with all other applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 03-02 was adopted. ,4x/efil 1 Ralph Tiberi, Chairman Pro Tern Zoning and Subdivision Hearing Board (ITCDDa4/:--eis , - David Sundland, Secretary Zoning and Subdivision Hearing Board -9-