The URL can be used to link to this page

Home My WebLink AboutG82-02 top, Ordinance No. G82-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT (891 SOUTH RANDALL ROAD) WHEREAS, written application has been made for a conditional use for an accessory package liquor sales establishment in the PAB Planned Area Business District; 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 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 an accessory package liquor sales establishment in the PAB Planned Area Business District at 891 South Randall Road and legally described as follows : PARCEL 1 : LOT 4 OF PLAT OF LOT 2 OF WOODBRIDGE NORTH COMMERCIAL SUBDIVISION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13 , 1999 AS DOCUMENT 1999KO794433 ; AND PARCEL 2 : EASEMENTS FOR THE BENEFIT OF PARCEL ONE CREATED BY THE INSTRUMENT RECORDED JUNE 16, 1999 AS DOCUMENT 1999KO59670 AND CREATED BY THE INSTRUMENT RECORDED ON AUGUST 30, 1999 AS DOCUMENT 1999KO84251 AND AMENDED BY DOCUMENTS 2000KO22775, 2000KO70286 AND 20011K112248 AND CREATED BY INSTRUMENT RECORDED MARCH 15 , 1994 AS DOCUMENT 94KO22927 AND RERECORDED JUNE 14 , 1994 AS DOCUMENT 94KO48547 AND AMENDED BY DOCUMENT 1999KO59669 (PROPERTY COMMONLY KNOWN AS 891 SOUTH RANDALL ROAD) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance submitted by Kimberly Sutter, undated. 2 . Hours of operation limited to 8 : 00 am to 9 : 00 pm. 3 . Sale of package liquor limited to wine associated with the sale of entrees offered by the gourmet take-out portion of the operation. 4 . 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. 00m. Ed Schock, Mayor Presented: November 20 , 2002 Adopted: November 20 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : '14.4014-4"-C /244 — Dolonna Mecum, City Clerk rft. October 16,2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 50-02 Requesting a Conditional Use Approval for a Package Liquor Sales Establishment Located Within the PAB Planned Area Business District; Property Located at 891 South Randall Road, Elgin, By Kimberly Sutter (DBA Gourmet On The Go, Inc.) as Applicant, and Randall Bowes, LLC, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PAB Planned Area Business District Proposed Use Grocery Store and Package Liquor Sales Establishment Property Location: 891 South Randall Road Applicant: Kimberly Sutter Owner: Randall Bowes, LLC Staff Coordinator: Jennifer Becker, Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Site Photographs (see attached) rik F. Statement of Purpose and Conformance (see attached) G. Site Plan (see attached) H. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board • Petition 50-02 October 16, 2002 BACKGROUND An application has been filed by Kimberly Sutter, DBA Gourmet On the Go, Inc. requesting conditional use approval for a package liquor sales establishment in the PAB Planned Area Business District. The subject property is located at 891 South Randall Road(reference Exhibits A, B,C, D, and E). The applicant is proposing to occupy an 800 square foot tenant space in an existing multiple tenant building with a gourmet food shop. The proposed shop will consist of a butcher shop, display of gourmet foods and chef's supplies and sales of pre-prepared gourmet dinners for carry-out. The applicant is also proposing to offer bottles of wine for sale with the carry-out dinners. The applicant plans to have no more than 30 bottles of wine for sale at any one time. No dining will be offered on the premises (reference Exhibits F, G, and H). The proposed sale of packaged liquor requires conditional use approval in the PAB Planned Area Business District. GENERAL FINDINGS "" After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 50-02 on October 16, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application. Written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review dated September 25, 2002. The Zoning and Subdivision Hearing Board has made the following findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1962 Out of City 1992 B-3 Service Business District Present: PAB Planned Area Business District The subject property was annexed and zoned B-3 Service Business District, with a special use for a commercial planned development in 1989. In 1992, the property was reclassified to PAB Planned Area Business District as part of a comprehensive amendment to the zoning ordinance. The existing commercial center, which now contains Meijer's, Menards and two strip retail centers, was approved by the City Council as a planned development in 1999. Earlier this year, the City Council approved an amendment to the existing planned development to allow construction of a new building on the last remaining outlot of the commercial center. The subject tenant space is located in this building. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 50-02 October 16, 2002 B. Surrounding Land Use and Zoning Findings. The area located to the north and east of the subject property is zoned PAB Planned Area Business District, and is developed with the Meijer's and Menard's commercial center. Further east of the commercial center is the Sierra Ridge townhouse subdivision, zoned PMFR Planned Multiple Residence District. Just north of the commercial center is the Woodbridge townhome development, also zoned PMFR Planned Multiple Residence District. The area located to the west of the subject property across Randall Road is in unincorporated Kane County and is developed with a single family residence, a church, and a veterinary clinic. The area to the south of the site is zoned PAB Planned Area Business District. This area is developed with a bank and a child day care center. C. Trend of Development Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or identifiable trend within the area. The subject property is located within the Randall Road corridor which is developing with a variety of commercial and residential uses. D. Zoning District Findings. The subject property is suitable for the zoning district with respect to conformance to the provision for the purpose and intent, and the location and size of a PAB Planned Area Business District. The proposed use in the existing tenant space is consistent with the established trend of development in the area. E. 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 2.2 acres of land area and is located at the southwest corner of the 49 acre Woodbridge Commons Commercial center. This existing commercial center is developed with a variety of commercial buildings and accessory vehicle use areas. There are no natural features on the site worthy of preservation. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal r`" 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. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 50-02 October 16, 2002 rok The subject property is served by municipal water, sanitary sewer and storm water control services. G. 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 at the northeast corner of South Randall and Bowes Roads. Randall Road is a limited access arterial street serving the greater Fox Valley area. Bowes Road is an arterial street serving Elgin, South Elgin, and unincorporated areas further west. The existing Woodbridge Commons commercial center is served by four points of access located at Bowes Road, Randall Road, and College Green Drive. The subject property does not obtain direct access from any public right of way, but accesses the existing service drives provided within the commercial center. e' Off street parking is provided in conformance with the off street parking ordinance. H. 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. 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. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: 4 Findings of Fact Zoning and Subdivision Hearing Board ' /�► Petition 50-02 October 16, 2002 A. Summary of Findings. 1. Positive Attributes. The addition of this retail and service use will blend - well with the existing mix of uses already established in the commercial center. 2. Location, Design, and Operation. 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. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board hereby recommends approval of the revocation of the existing conditional uses. On a motion to recommend approval of the draft ordinance, the vote was six (6) yes and zero (0) no. Therefore, the motion to recommend approval of Petition 50-02 was adopted. fRo ert Langlois, A ing Chairman Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board 5