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HomeMy WebLinkAboutG40-04 Ordinance No. G40-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (799 Summit Street) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the AB 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, dated March 3, 2004, 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 to permit the establishment of package liquor sales accessory to a grocery store in the AB Area Business District at 799 Summit Street and legally described as follows: That part of the Southwest Y of Section 7, Township 41 North, Range 9, East of the third principal meridian, described as follows: Beginning at a point on the south line of said southwest 1/4 that is 2327.35 feet west of the southeast corner of said southwest 1/4; thence north 0 degrees 00 minutes 00 seconds east along the east line of Hiawatha Drive extended southerly and also along said east line, a distance of 434.09 feet to the southwest corner of Lot 1 of W. R. M. N. Radio Park subdivision, a subdivision of said southwest 1/4; thence south 89 degrees 56 minutes 23 seconds east along the south line of said Lot 1, a distance of 150.07 feet measured (150.0 feet record) to the southeast corner thereof; thence north 0 degrees 02 minutes 53 seconds east along the east line of said lot, a distance of 150.0 feet to the south line of State Route 58; thence north 89 degrees 59 minutes 42 seconds east 336.41 feet; thence south 0 degrees 16 minutes 24 seconds east 566.48 feet to the south line of said southwest 1/4; thence south 87 degrees 57 minutes 10 seconds west along said south line 489.62 feet to the point of beginning, in Cook County, Illinois. (property commonly known as 799 Summit Street.). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Linda Olszewski, dated January 6, 2004. , s 2. Substantial conformance with the floor plan, prepared by Linda Olszewski, dated January 6, 2004. 3. Compliance with all other 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 Schock, Mayor Presented: April 14, 2004 Passed: April 14, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: April 15, 2004 Published: Attest: Dolonna Mecum, City Clerk March 3, 2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 06-04 Requesting Conditional Use Approval for Accessory Package Liquor Sales in the AB Area Business District; Property Located at 799 Summit Street; by Aldi, Inc., as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District ARC Arterial Road Corridor Overlay District Existing Use: Grocery Store Property Location: 799 Summit Street Applicant/Owner: Aldi, Inc. Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) G. Draft Conditional Use Ordinance (see attached) H. Correspondence (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board "- Petition 06-04 March 3, 2004 BACKGROUND An application has been filed by Aldi Inc.,requesting conditional use approval for accessory package liquor sales in the AB Area Business District. The subject property is located at 799 Summit Street (see exhibits A,B, C,D, and E). The applicant's store is located in a shopping center near the southeast corner of Summit Street and Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing grocery store. The proposed use of accessory package liquor sales requires conditional use approval in the AB District(see exhibits F, G, and II). •FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 06-04 on March 3, 2004. The applicant testified at the public hearing and presented documentary evidence in support of the application. Public testimony was presented at the public hearing. Written correspondence has been submitted(reference Exhibit H). Staff submitted a Conditional Use Review dated February 24, 2004. fek The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927: Out 1950: Out 1960: Out 1962: Out 1963: Property was annexed and zoned B-3 Service Business District 1992: AB Area Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District The Aldi grocery store is considered a permitted use in the AB Area Business District. B. Surrounding Land Use and Zoning Findings. The subject property is located near the southeast corner of Summit Street and Hiawatha Drive. The areas located to the north and east of the subject property are zoned AB Area Business District, and have developed with commercial uses. 2 • Findings of Fact Zoning and Subdivision Hearing Board t Petition 06-04 March 3, 2004 The areas located to the west and south of the subject property are zoned CF Community Facility District. The area is developed with baseball fields and the Lord's Park regional recreational facility. C. Trend of Development Findings. The subject property is located at the southeast corner of Summit Street and Hiawatha Drive. The area has developed with a mix of commercial and community facility uses. D. Zoning District Findings: 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 CCI Center City District. The purpose and intent of the 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. As no building additions are contemplated as part of this conditional use approval request, the requirements of the ARC District do not apply. 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 contains approximately 5.9 acres. The property is improved with a commercial building which contains approximately 16,000 square feet of floor area. F. 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 suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. 3 Findings of Fact Zoning and Subdivision Hearing Board en." Petition 06-04 March 3, 2004 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 near the southeast corner of Summit Street and Hiawatha Drive. Summit Street serves as a regional arterial street serving the east side of Elgin. Hiawatha Drive is a collector street which primarily serves the residential and community facility uses between Summit Street and Congdon Avenue. The applicant proposes utilizing less than 10 percent of the existing retail floor space for the package liquor sales area. As no floor area is being added to the Aldi, per the Zoning Ordinance,no additional off street parking stalls are required. Off street parking is currently provided in conformance with the Zoning 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. Ideally, accessory package liquor sales establishments should be located well within an existing commercial center in order to limit any potential detrimental effects on the surrounding area. While community facility land uses are located within close proximity to the subject property, the limited scope of the proposed land use should help to limit the possibility of any detrimental effects on the surrounding area. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 06-04 March 3, 2004 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. Positive Attributes. The subject property is located in the AB Area Business District. Approval of the proposed package liquor sales conditional use will allow the property owner to offer for sale package beer and wine. No other establishments in the shopping center currently sell liquor. The proposed use will fill a need for liquor sales in that area. B. Summary of Unresolved Issues. There are no unresolved issues. 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 recommends the approval of Petition 06-04. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was six (6) yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Linda Olszewski, dated January 6, 2004. 2. Substantial conformance with the floor plan,prepared by Linda Olszewski,dated January 6, 2004. 3. Compliance with all other codes and ordinances. Therefore,the motion to recommend approval of Petition 06-04 was adopted. 5 , Findings of Fact Zoning and Subdivision Hearing Board be' Petition 06-04 March 3, 2004 Respectfully submitted: A1 wit Robert Langlois, 'hairm.- Zoning and Subdivision Hearing Board ()Y Lauren Pruss, Secretary Zoning and Subdivision Hearing Board r 6