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Home My WebLink AboutG9-04 Ordinance No. G9-04 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1024 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the NB Neighborhood 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 January 7, 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 convenience food store in the NB Neighborhood Business District at 1024 South McLean Boulevard and legally described as follows: Lot 17 in Pine Meadows Subdivision, being a subdivision of part of the southwest quarter, and part of the northwest quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 19, 1990 as Document No. 90K55267, in the City and Township of Elgin, Kane County, Illinois (property commonly known as 1024 South McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Michael and Donna DeAngeles, dated November 17, 2003. 2. Substantial conformance with the floor plan, prepared by Michael and Donna DeAngeles, dated December 4, 2003. 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. n► Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. E Schock, Mayor Presented: February 11, 2004 Passed: February 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: February 12, 2004 Published: Attest: A`,, Dolonna Mecum, City Clerk 1 January 7, 2004 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 61-03 Requesting Conditional Use Approval for Accessory Package Liquor Sales in the NB Neighborhood Business District, Property Located at 1024 South McLean Boulevard; by DMR Associates, Incorporated, d/b/a White Hen Pantry as Applicant, and Sentry Construction, Incorporated, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District Existing Use: Convenience Store Property Location: 1024 South McLean Boulevard Applicant: DMR Associates, Incorporated, d/b/a White Hen Pantry Owner: Sentry Construction Staff Coordinator: Diana McNeil, 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) tow F. Statement of Purpose and Conformance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board epik Petition 63-03 January 7, 2004 G. Public Response Forms (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by DMR Associates,Incorporated,d/b/a White Hen Pantry,requesting conditional use approval for package liquor sales in the NB Neighborhood Business District. The subject property is located at 1024 South McLean Boulevard(reference Exhibits A,B,C,D,and E). The subject property is a tenant space in a shopping center located at the northwest corner of Bowes Road and South McLean Boulevard. The space is currently occupied by a White Hen Pantry 24 hour convenience store. Accessory package liquor sales establishments require conditional use approval in the NB District.The applicant proposes to add package beer and wine sales as an accessory use to the existing convenience store (reference 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 61-03 on January 7,2004. 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 G). The Community Development Group submitted a Conditional Use Review dated December 23, 2003. 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 1990: Property was annexed and zoned B-3 Service Business District 1992: NB Neighborhood Business District Present: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District The White Hen Pantry was established in the shopping center in 1996, at a time when convenience stores were a permitted use in the NB District. In 1998, convenience stores -2 - Findings of Fact Zoning and Subdivision Hearing Board "" Petition 63-03 January 7, 2004 were reclassified to conditional uses in the NB District As such, the existing White Hen Pantry is considered to be a lawful, existing conditional use in the NB District. B. Surrounding Land Use and Zoning Findings. The subject property is located at the northwest corner of South McLean Boulevard and Bowes Road. South McLean Boulevard is located in the NB and ARC Overlay Districts,and Bowes Road is located in the NB District. The area located to the north and west of the subject property is zoned PRC Planned Residence Conservation District. The area is developed with town homes(Pine Meadows). The area located to the east of the subject property is zoned ORI Office,Research,Industrial District. The area is developed with manufacturing uses (Fox Bluff Corporate Center). The area located to the south of the subject property is located in the Village of South Elgin and is developed with residences. C. Trend of Development Findings. The subject property is located at the northwest corner of South McLean Boulevard and Bowes Road. The area has developed with a mix of residential, commercial and industrial uses. D. Zoning District Findings: The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB Zoning District is limited by the applicable site design regulations due to its function and resulting close proximity to residences. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives,polices and strategies of the City of Elgin "Comprehensive Plan". The ARC zoning district is a zoning overlay district, and accordingly,the 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 2.53 acres. The property is improved with a 21,000 square foot shopping center,of which the White Hen Pantry occupies a 2,525 square foot tenant space. - 3 - Findings of Fact Zoning and Subdivision Hearing Board '` Petition 63-03 January 7, 2004 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. 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 northwest corner of South McLean Boulevard and Bowes Road. McLean Boulevard and Bowes Road serve as regional arterial streets serving the southwest side of Elgin. 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 White Hen Pantry,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 un property, the limited nature of the proposed land use should help to limit the ellbk possibility of any detrimental effects. - 4 - • Findings of Fact Zoning and Subdivision Hearing Board ("*" Petition 63-03 January 7, 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 NB Neighborhood 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 are allowed to sell liquor. The proposed use will fill a need for liquor sales in that area. The applicant submits that the package liquor sales will be limited to less than 10 percent of the floor area of the establishment B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. elikk 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 61-03. On a motion to recommend approval of the conditional use,subject to the following conditions,the vote was seven (7) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Michael and Donna DeAngeles, dated November 17, 2003. 2. Substantial conformance with the floor plan, prepared by Michael and Donna DeAngeles, dated December 4, 2003. 3. Compliance with all other codes and ordinances. - 5 - • Findings of Fact Zoning and Subdivision Hearing Board "'' Petition 63-03 January 7, 2004 Therefore, the motion to recommend approval of Petition 63-03 was adopted. Respectfully submitted: gert;61(Ai Q�Ro Langloi ai /an el Zoning and Subdivision Hearing Board .' . A .A %�. . .%.� P en Pruss, Secretary Zoning and Subdivision Hearing Board E - 6-