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Home My WebLink AboutG41-04 Ordinance No. G41-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (215 South Randall Road) 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. r 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 215 South Randall Road and legally described as follows: That part of Lots 6 through 9, inclusive in Randall Lake Crossing being a subdivision in part of the Southwest quarter of Section 16, and part of the Northwest quarter of Section 21, Township 41 North Range 8 East of the Third Principal Meridian, according to the plat thereof recorded as Document No. 94K086086; said part described as follows: Commencing at the Northwest corner of said Lot 6; thence South 07 degrees 14 minutes 36 seconds West 6.31 feet along the westerly line of said Lot 6 for a point of beginning; thence North 90 degrees 00 minutes 00 seconds east 236.74 feet; thence South 00 degrees 00 minutes 00 seconds West 297.00 feet to a point on a curve on the westerly line of said Lot 9 in said Randall Lake Crossing; thence Northeasterly along the arc of said curve concave westerly having a radius of 200.00 feet an arc length of 36.69 feet to a point to tangency; thence North 07 degrees 14 minutes 36 seconds East 415.02 feet along the westerly line of said lots to said point of beginning, all in Kane County, Illinois (property commonly known as 215 South Randall Road). 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. r 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: /4—e-,e—d-i--,-- Dolonna Mecum, City Clerk r • March 3, 2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 07-04 Requesting Conditional Use Approval for Accessory Package Liquor Sales in the AB Area Business District;Property Located at 215 South Randall Road;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: 215 South Randall Road elk 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 0°k Petition 07-04 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 215 South Randall Road (see exhibits A, B, C, D, and E). The applicant's store is located in the Randall Lake Crossing shopping center. 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 H). FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 07-04 on March 3, 2004. The applicant testified at the public hearing and presented documentary evidence in support of the application.No 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. elk 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 1974: 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 in the Randall Lakes Crossing commercial subdivision, on Randall Road between U.S. Route 20 and South Street. The subject property is surrounded by commercial properties which are zoned AB Area Business District. The property further to the south of the subject property is zoned MFR Multiple Family Residence, and is developed with multiple family residential use. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 07-04 March 3, 2004 C. Trend of Development Findings. The subject property is located in the Randall Lakes Crossing commercial subdivision,on Randall Road between U.S.Route 20 and South Street. The area has developed with primarily with commercial uses, with some residential 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 CC1 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 2.7 acres. The property is improved with a commercial building which contains approximately 10,354 square feet of floor area,and an accessory parking lot. 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. 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. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 07-04 March 3,2004 Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located within an established commercial shopping center which is located on Randall Road,just south of US Route 20.A signalized intersection and a private drive provide access to the shopping center. 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 residential 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. 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. 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 07-04 March 3, 2004 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 07-04. 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. elk 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 07-04 was adopted. Respectfully submitted: 111.1 /1 �_ Robert Langlois, Chi' an Zoning and Subdivision Hearing Board if4(1-Lt_ efi APA Lauren Pruss, Secretary Zoning and Subdivision Hearing Board 5