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HomeMy WebLinkAboutG58-07 • Ordinance No. G58-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (136 Tyler Creek Plaza 2) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment 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 September 5, 2007, 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. elk Section 2. That a conditional use to permit the establishment of a package liquor sales establishment in the AB Area Business District at 136 Tyler Creek Plaza 2 and legally described as follows: Lots 2, 3, and 4 in Tyler Creek Plaza Phase 2 Subdivision, Except that Part of Lots 2 and 3 in Tyler Creek Plaza Phase 2 Subdivision, Lying in Section3, Township 41 North, Range 8, East of The Third Principal Meridian Described As Follows: Beginning at the Southwest Corner of Said Lot 3 and Running Thence North 00 Degrees 53 Minutes 19 Seconds West Along the West Lint of Said Lot 3 and Said Lot 2, a Distance of 120.00 Feet; Thence North 89 Degrees 59 Minutes 18 Seconds East, Parallel to the South Line of Said Lot 3, a Distance of 150.00 Feet to the East Line of Said Lot 2; Thence South 00 Degrees 53 Minutes 19 Seconds East Parallel to the West Line of Said Lots 2 and 3, a Distance of 120.00 Feet To The South Line of Said Lot 3; Thence South 89 Degrees 59 Minutes 18 Seconds West, a Distance of 150.00 Feet to the Place of Beginning), All in the City of Elgin, Kane County, Illinois (Property Commonly Known as 136 Tyler Creek Plaza 2). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with letter signed by Andy Patel, President of Durga, Inc., and d/b/a Mr. A's Wine& Liquor Bin, dated received July 29, 2007. r2. Substantial conformance to the Floor Plan, submitted by Andy Patel, President of Durga, Inc., and d/b/a Mr. A's Wine & Liquor Bin dated August 1, 2007. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all 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. . .—. 2_, areZ___,- Ed Schock, Mayor Presented: October 10, 2007 Passed: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 11, 2007 Published: Attest: Diane Robertson, City erk r September 5, 2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 55-07 Requesting a Conditional Use in the AB Area Business District,to Permit a Package Liquor Sales Establishment;Property Located at 136 Tyler Creek Plaza II by Durga Inc., d/b/a Mr. A's Wine and Liquor Bin, as Applicant, and 401 S. Carlton LLC., as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: Vacant Commercial Tenant Space Property Location: 136 Tyler Creek Plaza 2 rApplicant: Durga Inc. d/b/a Mr. A's Wine and Liquor Bin Owner: 401 South Carlton LLC Staff Coordinator: Denise Momodu, 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. Environmental Photo (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board Petition 55-07 September 5, 2007 H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Durga Inc., d/b/a Mr. A's Wine and Liquor Bin requesting conditional use approval in the AB Area Business District, to permit a package liquor sales establishment. The property is located at 136 Tyler Creek Plaza II(reference Exhibits A, B, C,D, and E). The applicant is requesting to open a package liquor sales establishment within the shopping center known as Tyler Creek Plaza II. The applicant needs conditional use approval for this land use to be allowed in the AB District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration (reference Exhibits F, G, and H.). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 55-07 on September 5,2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated August 30, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Outside City Limits 1950: Outside City Limits 1960: Outside City Limits 1962: Outside City Limits 1992: B3 Service Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 55-07 September 5, 2007 The subject property was annexed and zoned B3 Service Business District in 1966 as part of the Century Oaks development. The subject property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance in 1992. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The areas to the north, south,southeast, and west of the subject property are zoned AB Area Business District. These areas are developed with commercial service, business and retail uses. The areas further north and northeast are zoned PMFR Planned Multiple Family Residence and will be developed with the recently approved Woods of Elgin town home development. The area the east of the subject property is zoned PRC Planned Residence Conservation District and is developed with the Hunter Ridge apartments. ribk The package liquor sales establishment is in keeping with the land uses and zoning designation that exists in the area that surrounds it. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to its 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 with respect to the trend of development standard. The subject property is located within a commercial area that offers business services and retail uses. D. Zoning District Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The purpose of the AB Area Business district is to provide commodities and services to 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 55-07 September 5, 2007 several neighborhoods, and in some instances to a communitywide 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 proposed business will provide package liquor for sale to the immediate residential subdivisions surrounding it that currently do not have a store offering liquor sales. STANDARDS FOR CONDITIONAL USES The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional uses: A. 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. emb. The subject property is comprised of a 14 acre commercial subdivision and zoning lot commonly known as Tyler Creek Plaza I and II. The Tyler Creek Plaza II commercial subdivision is developed with commercial buildings and off-street parking. The proposed liquor sales establishment will occupy a 2,500 square foot vacant tenant space within the large size commercial building located in this subdivision. B. 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. C. 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. 4 • Findings of Fact Zoning and Subdivision Hearing Board �.. Petition 55-07 September 5, 2007 The tenant space location is within a shopping center bounded by North McLean Boulevard to the west and Big Timber Road to the south. McLean Boulevard is an arterial street serving the west side of Elgin. Big Timber Road is an arterial street which serves northwestern Elgin and unincorporated Kane County to the west. Off street parking will be provided in conformance with the off street parking ordinance. D. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use 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 with respect to the Comprehensive Plan Standard. The subject property is designated as"Highway Commercial"by the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include commercial uses to meet the daily"convenience"goods and service needs of residents in immediately adjacent neighborhoods. In addition,they typically rh include highway-serving uses. These commercial areas are generally auto dominated. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. E. 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: r 5 • Findings of Fact Zoning and Subdivision Hearing Board .,, Petition 55-07 September 5, 2007 A. Summary of Findings. Positive Attributes: Approval of the requested conditional use to establish the proposed liquor store at 136 Tyler Creek Plaza II will allow the applicant to offer package liquor for sale in an area that currently does not have a store offering this to the residents in the immediately adjacent neighborhoods. 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. DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 55-07. 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, submitted with letter signed by Andy Patel,President of Durga,Inc., and d/b/a Mr. A's Wine&Liquor Bin, dated received July 29, 2007. 2. Substantial conformance to the Floor Plan, submitted by Andy Patel, President of Durga, Inc., and d/b/a Mr. A's Wine &Liquor Bin, dated August 1, 2007. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, 6