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HomeMy WebLinkAboutG16-10 (2) Ordinance No. G16-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (250 South Randall Road) 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 March 17, 2010, 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 a package liquor sales establishment in the AB Area Business District at 250 South Randall Road legally described as follows: Parcel 1: Lots 5. 10 and 11 of Darlene McDermott Subdivision, being a subdivision of part of the Southwest Quarter of Section 16, Part of the Southeast Quarter of Section 17, part of the Northeast Quarter of Section 20 and part of the Northwest Quarter of Section 21, all in Township 41 North, Range 8 East of the Third Principal Meridian, according to said plat of recorded on July 17. 1992 as document number 92K51304 and certificate of correction recorded January 5, 1993 as document 93K00619, in Kane County, Illinois. Parcel 2: Easement for the benefit of Lot 11 in Parcel I as contained in the Slope Easement Agreement recorded September 25, 1992 as document 92K68107. Parcel 3: Easements for the benefit of Parcel I contained in the Operation and Easement Agreement recorded August 19, 1991 as document 911(45166, First Amendment thereto recorded December 28, 1992 as document 92K93622, Second Amendment thereto recorded December 28, 1992 as document 92K93623 and contained in Declaration recorded June 28, 1993 as document 93K47279 (Property commonly known as 250 South Randall Road Unit C). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Kann. Inc. dated received January 29, 2010. 2. Substantial Conformance to the following exhibits submitted by Kann. Inc. a. Proposed interior site photographs dated January 29, 2010; b. Otter Creek Shopping Center tenant map dated January 29, 2010; c. Interior site plan layout dated January 29, 20101; d. Sign proposal package, dated February 23, 2010; 3. Package liquor establishment shall be limited to tenant space 250 South Randall Road. 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. Schock. Mayor r OF Presented: April 28, 2010 Passed: April 28, 2010 v.. • o _ Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 29, 2010 4 w,. • Published: April 29, 2010 Attest: Diane Robertson, City lerk r March 17, 2010 r FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 03-10 Requesting a Conditional Use in the AB Area Business District,to Permit a Package Liquor Sales Establishment; Property located at 250 South Randall Road by Kann Inc., as Applicant, and Stelios Aktipis Otter Creek LLC, as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District f Existing Use: Vacant Commercial Property Location: 250 South Randall Road Applicant: Kann Inc. Owner: Stelios Aktipis Otter Creek LLC Staff Coordinator: Dave Waden. Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) tow E. Environmental Photo (see attached) F. Site Photos (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 03-10 March 17, 2010 G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Kann Inc., requesting a conditional use in the AB Area Business District to permit a package liquor sales establishment. The property is located at 250 South Randall Road (reference Exhibits A, B, C, D, and E). The applicant is requesting to open a package liquor sales establishment within the Otter Creek shopping center at the southwest corner of South Randall Road and U.S. Route 20. The proposed store will be located within a vacant tenant space north of the Burlington Coat Factory store. 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 03-10 on March 17, 2010. 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 March 12, 2010. The Zoning and Subdivision Hearing Board has made the following general findings: 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. The subject property is located within the Otter Creek Shopping Center, a 21 acre commercial subdivision at the southwest corner of Randall Road and US Route 20. The package liquor sales establishment will occupy approximately 3,500 square feet and is located just north of the Burlington Coat Factory store. 2 Findings of Fact Zoning and Subdivision Hearing Board rek Petition 03-10 March 17, 2010 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. The tenant space is located within a shopping center bounded by South Randall Road to the east and U.S. Rt. 20 and Weld Road to the north. Both Randall Road and U.S. Rt. 20 are limited access regional arterials that serve southwestern Elgin and the surrounding region. Weld Road is a local road serving the subject property and the commercial and residential properties to the west. Access to the subject property is limited to South Randall Road and Weld Road. Off street parking is provided in conformance with the off street parking ordinance. D. 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: Out of City 1950: Out of City 1960: Out of City 1962: Out of City r 1992: B3 Service Business District Present: AB Area Business District 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-10 March 17, 2010 The subject property was annexed to Elgin in 1990 as part of the Funk/Sunderland Subdivision annexation and zoned B3 Service Business District. The property was reclassified in 1992 to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. E. 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 area located to the north of the subject property is zoned PAB Planned Area Business District,and PCF Planned Community Facility District and consists of unimproved parcels of land. The areas west of the subject property are zoned SFR2 and PSFR2 Single Family Residential, and consist of undeveloped farmland. The areas to the east and south are zoned AB Area Business and SFR2 Single Family Residential. The package liquor sales establishment is in keeping with the land uses and zoning designation that exists in the area that surrounds it. F. 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. G. 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 o unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-10 March 17, 2010 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 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. A package liquor sales establishment is classified as a conditional use in the AB Area Business District. The proposed business is in keeping with the intent of the AB district. It will provide package liquor for sale to the residential subdivisions surrounding it,as well to a larger trade area. H. 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 "Community Mixed Use" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Commercial Mixed Use provides focus,identity, and convenient goods and services as well as some employment,for a number of surrounding neighborhoods in a larger trade area. The ideal community mixed use center should be between 30-100 acres of commercial, office, entertainment, medium density residential, and institutional uses accessed by arterial streets and transit services. The center would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off-street parking is shared and on-street parking helps to contribute to the intimate scale of well functioning pedestrian environments. Parking located between and behind buildings permits people too walk more safely and comfortably between uses that front sidewalks rather than large parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. The proposed land use is in keeping with the objectives and policies of the "Community Mixed Use" comprehensive plan designation. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-10 March 17, 2010 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: A. Summary of Findings. Positive Attributes. A package liquor sales establishment is classified as a conditional use in the AB Area Business District. The proposed business is in keeping with the intent of the AB district and with the objectives and policies of the comprehensive plan. It will provide package liquor for sale to the immediate residential subdivisions surrounding it that currently do not have a store offering liquor sales. It will also provide its retail services to a larger trade area. The proposed site is located in an area of the city which is developed with a mix of commercial uses, service related uses,and residential uses. The liquor store is to be located within a self-contained shopping center which has sufficient parking for the proposed use. 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. r 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 03-10 March 17, 2010 DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 03-10. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was four(6) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance dated January 29, 2010 submitted by Kann Inc. 2. Substantial Conformance to the following exhibits submitted by Kann Inc. a. Proposed interior site photographs dated January 29, 2010; b. Otter Creek Shopping Center tenant map dated January 29, 2008; c. Interior site plan layout dated January 29, 2010; d. Sign proposal package, dated February 23, 2010; 3. Package liquor establishment shall be limited to tenant space 250 South Randall Road. 4. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Daniel Weiler, Chairman Pro Tem Zoning and Subdivision Hearing Board Sarosh Saher, Secretary Zoning and Subdivision Hearing Board r 7