HomeMy WebLinkAboutG28-10 (2) Ordinance No. G28-10
AN ORDINANCE
AMENDING ORDINANCE NUMBER G40-07
IN THE PAB PLANNED AREA BUSINESS DISTRICT
(3091 U.S. Route 20)
WHEREAS, the territory herein described has previously been classified in the PAB
Planned Area Business District pursuant to Ordinance No. G40-07; and
WHEREAS,written application has been made to amend certain provisions within Ordinance
No. G40-07; and
WHEREAS,after due notice in the manner provided by law the Planning and Development
Commission conducted public hearings concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
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 May 3,2010 made by the Planning and Development Commission,a copy of which is attached
hereto and made a part hereof by reference as Exhibit A. Ordinance No G40-07 classifying the
territory herein described in the PAB Planned Area Business District be and is hereby amended in its
entirety and is hereinafter set forth in this ordinance.
Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
Part of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18,
Township 41 North, Range 8 East of the Third Principal Meridian described as
follows:
Commencing at the Southwesterly Corner of Lot 10 of Hidden Hill Subdivision as
Recorded January 22, 1980 as Document No. 1534098;Thence South 22 Degrees 08
Minutes 55 Seconds West, Along the West Line of Aforesaid Hidden Hills
Subdivision Extended Southwesterly,a Distance of 249.51 Feet to the Center Line of
State Road (U.S. No. 20) for the Place of Beginning; Thence South 21 Degrees 59
Minutes 34 Seconds West,as Monumented,a Distance of 297.85 Feet;Thence North
66 Degrees 05 Minutes 44 Seconds West, as Monumented, a Distance of 439.79
Feet; Thence North 22 Degrees 07 Minutes 47 Seconds East, as Monumented, a
Distance of 311.39 Feet to the Center Line of Aforesaid State Road (U.S. No. 20);
Thence South 64 Degrees 18 Minutes 32 Seconds East, Along the Center Line of
Said State Road,a Distance of 236.54 Feet;Thence Southeasterly Along Said Center
Line, Being Along a Curve to the Left, Having a Radius of 3211.36 Feet and Being
Tangent to the Last Described Course, a Distance of 203.50 Feet to the Place of
Beginning, in Elgin Township, Kane County, Illinois.
Except Therefrom that Portion Described as Follows: Beginning at a P.K.Nail at
the Southwest Corner of Moeller's Subdivision per Document Number 1055792
also Being a Point on the Centerline of U.S. Route 20; Thence on an Assumed
Bearing South 20 Degrees 54 Minutes 51 Seconds West 44.80 Feet; Thence
Northwest 202.24 Feet Along a Curve to the Right,Having a Radius of 3247.35
Feet(Chord Bears North 67 Degrees 19 Minutes 41 Seconds West 202.21 Feet);
Thence North 65 Degrees 32 Minutes 38 Seconds West 237.54 Feet; Thence
North 20 Degrees 57 Minutes 21 Seconds East 44.61 Feet to Said Centerline of
U.S. Route 20; Thence South 65 Degrees 27 Minutes 12 Seconds East 211.72
Feet to a Point on Said Centerline; Thence Southeast 228.05 Feet on a Curve to
the Left, Having a Radius of 3325.00 Feet (Chord Bears South 67 Degrees 20
Minutes 05 Seconds East 228.00 Feet) on Said Centerline to the Point of
Beginning,as Deed to the State of Illinois Department of Transportation,in Kane
County, Illinois (Property Commonly Known as 3091 Route 20).
Section 3. That the City Council of the City of Elgin hereby classifies the subject property in
the PORI Planned Office Research Industrial District in accordance with the following provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide commodities and services to several neighborhoods,and in some instances to
a communitywide or regional supporting populations, subject to the provisions of
chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to,but
departs from the standard requirements of the AB zoning district.
B. Supplementary Regulations. Any word or phrase contained herein,followed by the
symbol "[SR]", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976,as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PAB zoning district,the use and development of land
and structures shall be subject to the provisions of Chapter 19.05,General Provisions,
of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts-Generally. In this PAB zoning district,the use and development
of land and structures shall be subject to the provisions of Chapter 19.07, Zoning
Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights-of-way,but
including adjoining land or land directly opposite a right of way shall not be less than
two acres.
F. Land Use. In this PAB zoning district,the use of land and structures shall be subject
to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976,as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a"permitted use" [SR] in this PAB zoning district:
Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use in the AB Area Business District:
Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use in the AB Area Business District:
1. Offices Division:
"Offices" [SR] (UNCL).
2. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
3. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Coin-operated laundries and dry cleaning (7215).
Commercial,economic,sociological and educational research(8732).
Commercial, physical, and biological research (8731).
Computer programming,data processing and other computer-related
services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting,research,management and related services
(87).
Garment pressing, and agents for laundries and dry cleaners (7212).
Home health care services (808).
Job training and vocational rehabilitation services (833).
Legal services(811).
Libraries(823).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Miscellaneous personal services not elsewhere classified (7299).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Professional sports operators and promoters (7941).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair(763).
4. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware and garden supply (52).
Carryout restaurants (5812).
Catalog and mail-order houses (5961).
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Direct selling establishments (5963).
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
"Package Liquor Sales Establishment" [SR] (5921) limited to Units
107 & 108 of 3091 U.S. Route 20.
Tobacco stores (5993).
5. Agricultural Division:
Dog grooming (0752).
Landscape counseling and planning (0781).
eimk Veterinary services for household pets (0742).
6. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
7. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
8. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
Local and suburban passenger transportation operators'offices(411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
[ Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in the AB Area Business District:
1. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less than
two (2) acres of land.
2. Public Administration Division:
Public administration(J)on a zoning lot containing less than two(2)
acres of land.
3. Services Division:
Bowling centers (7933).
Child daycare services (835).
Dance halls (7911).
"Home child daycare services" [SR] (8351).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Other schools and educational services (829).
Physical fitness facilities (7991).
4. Retail Trade Division:
Drive-in restaurants (5812).
"Package liquor sales establishments" [SR] (5921).
5. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
Courier services (4215).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings,towers,exchanges,substations,regulators" [SR]
(UNCL).
Water transportation (44).
r 6. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL)to the conditional uses allowed
in the AB Area Business District,subject to the provisions of Section
19.12.500 of this Title.
"Accessory uses" [SR] (UNCL)to the conditional uses allowed in the
AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR](UNCL)on a zoning lot containing less
than two (2)acres of land, subject to the provisions of Chapter 19.55
of this Title.
G. Site Design. In this PAB District, the use and development of land and structures
shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning
Ordinance and Chapter 19.60,Planned Developments,of the Elgin Municipal Code,
1976, as amended, and as provided in this ordinance. In this PAB District, the use
and development of land and structures shall be according to the above with the
exception as listed below:
r
Setbacks by Lot Line: In this PAB Zoning District,the minimum required "vehicle
use area setback" [SR] from the south interior lot line shall be as follows:
Interior Setback: The minimum required vehicle use area setback from the south
interior lot line shall be one (1) foot.
In this PAB District,the use and development of land and structures shall be subject
to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
submitted by Richard L. Heimberg, Esq., dated received February 13,2007.
2. Substantial conformance to the concept site plan,prepared by Jacob&Hefner
Associates, P.C., dated last revised June 4, 2007.
3. Substantial conformance to the proposed Building Elevation Plans,prepared
by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007.
The color tones of the building must be approved by the Community
Development Group.
4. Substantial conformance to the proposed Floor Plans,prepared by W. Lloyd
Christoph& Associates, LTD., dated received June 8, 2007.
5. Substantial conformance to the proposed Landscape Plan,prepared by David
McCallium Associates, INC., dated last revised June 6, 2007.
6. The color and design of the 8 foot transition fence along the east lot line must
be approved by the Development Administrator.
7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of
the Elgin Municipal Code.
8. Access easement and parking lot easement must be provided to allow shared
access and parking lot interconnections between the subject property and the
property to the west. Copies of these easement agreements will need to be
submitted to the Community Development Department prior to the issuance
of building permits.
9. Compliance with the Kane County and City of Elgin storm water control
ordinances.
10. Compliance with all applicable codes and ordinances.
Additional Conditions.
1. Substantial conformance with the Statement of Purpose and
Conformance dated March 23, 2010 submitted by Tushar Suvagia.
2. Substantial Conformance to the following exhibits submitted by
Tushar Suvagia.
a. ATS store fixtures and equipment plan dated March 23,2010;
b. Galleria of Elgin shopping center site plan dated March 23,
2010;
c. Interior site plan layout dated March 23, 2010;
d. Sign proposal exhibits, dated April 13, 2010;
e. Interior photographs from other stores owned by applicant,
dated March 23, 2010;
3. The package liquor establishment shall be limited to the tenant space
3091 U.S. Route 20, Units 107 and 108.
4. The one hundred feet necessary to maintain the appropriate distance
shall be measured in a straight line from the exterior structure wall of
the church to the exterior structure wall of the tenant space of the
proposed "package liquor sales establishment".
5. Compliance with all applicable codes and ordinances.
H. Off-street Parking. In this PAB zoning district,off street parking shall be subject to
the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code,
1976, as amended.
Off-street Loading. In this PAB zoning district,off-street loading shall be subject to
the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code,
1976, as amended.
J. Graphics. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB zoning district,application for text and map amendments
shall be subject to the provisions of Chapter 19.55, Amendments. A text and map
amendment may be requested by an individual lot or property owner for a zoning lot
without necessitating that all other property owners in this PAB zoning district
authorize such an application.
L. Planned Developments. In this PAB zoning district,the use and development of the
land and structures shall be subject to the provisions of Chapter 19.60, Planned
Developments, as may be amended from time to time. A conditional use for a
planned development may be requested by an individual lot or property owner for a
zoning lot without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners authorize such an application.
M. Conditional Uses. In this PAB zoning district,application for conditional uses shall
be subject to the provisions of Chapter 19.65, Conditional Uses,as may be amended
from time to time. A conditional use may be requested by an individual property
owner for a zoning lot without requiring an amendment to this PCF zoning district
and without necessitating that all other property owners authorize such an
application.
N. Variations. In this PAB zoning district,application for variation shall be subject to
the provisions of Chapter 19.70, Variations, as may be amended from time to time.
A variation may be requested by an individual property owner for a zoning lot
without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners authorize such an application.
O. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code,
1976, as amended.
P. Subdivisions—Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city,as amended,and the
Plat Act of the State of Illinois. Prior to building permit issuance, for each building
or structure proposed to be built within the planned development, a soils suitability
and bearing capacity test shall be performed as required by the City Engineer and the
Development Administrator, and the provisions of the Annexation Agreement.
Q. Buildings—Required Improvements. In addition to those building improvements
required by Title 16 of the Elgin Municipal Code, the following building
improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the
contrary in this ordinance,the use and the development of the subject property in this
PAB zoning district shall also be subject to the regulations of the ARC Arterial Road
Corridor Overlay District. In the event of any conflict between the regulations in the
ARC Arterial Road Corridor Overlay District and other provisions of this ordinance,
the regulations of the ARC Arterial Road Corridor Overlay District shall control.
r
Section 3. That this ordinance shall be in full force and effect immediately after the passage
in the manner provided by law.
Ed Schock, Mayor
Presented: June 9, 2010 _"
Passed: June 9, 2010 ~`•
Omnibus Vote: Yeas: 5 Nays: 0 `'t
Recorded: June 10, 2010
•
Published: June 11, 2010
Attest:
Diane Robertson, City lerk
r
May 3, 2010
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 06-10 Requesting an Amendment to Planned Development Ordinance No.
G40-07 and a Conditional Use in the PAB Planned Area Business District, to Permit the
Establishment of a Package Liquor Sales Establishment; Property Located at 3091 U.S. Route 20,
Units 107 and 108; by Tushar Suvagia, as Applicant, and Ron DeRosa, as Owner.
BACKGROUND
Amendment to Planned Development Ordinance
Requested Action: G40-07 and Conditional Use Approval
Current Zoning: PAB Planned Area Business District
Existing Use: Vacant Commercial
Proposed Use: Package Liquor Sales Establishment
Property Location: 3091 U.S. Route 20, Units 107 & 108
Applicant: Tushar Suvagia
Owner: Ron DeRosa
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 Map (see attached)
E. Environmental Map (see attached)
rF. Site Photos (see attached)
G. Statement of Purposed and Conformance (see attached)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
rik
H. Draft PAB Ordinance (see attached)
BACKGROUND
An application has been filed by Tushar Suvagia,requesting an amendment to Planned Development
Ordinance No.G40-07 and a conditional use in the PAB Planned Area Business District to permit a
package liquor sales establishment. The property is located at 3091 U.S. Route 20,Units 107 and
108 (reference Exhibits A, B, C, D, E and F).
The applicant is requesting to open a liquor store in the multiple-tenant Galleria of Elgin Shopping
Center. The proposed business will be located in a 3,000 square foot tenant space. The applicant is
thus requesting an amendment to the planned development ordinance and conditional use approval to
allow the business to operate from the subject property. The amended planned development
ordinance will repeal ordinance No. G40-07 (reference Exhibits G, and H).
GENERAL FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
rik hearing in consideration of Petition 06-10 on May 3, 2010. The applicant testified at the public
hearing. Objectors spoke at the public hearing, and written correspondence was submitted. The
Community Development Group submitted a Map Amendment Review, dated April 26, 2010.
The Planning and Development Commission has made the following general findings:
A. Site Characteristics Standard. The suitability of the subject property for the intended
zoning district with respect to its size, shape, significant natural features (including
topography, watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is located within the Galleria of Elgin Shopping Center, a 3.53 acre
commercial property on the south side of U.S. Route 20, east of Nesler Road. The package
liquor sales establishment will occupy approximately 3,000 square feet.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate municipal water, wastewater treatment,
and storm water control facilities.
elk Findings. The subject property is suitable for the intended zoning district with respect to the
sewer and water standard.
- 2 -
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
The subject property is served with municipal water and sanitary sewer systems. Stormwater
management is provided in conformance with the standards and regulations of the City of
Elgin and Kane County Stormwater Management Ordinances.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district 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 zoning district with respect to the
traffic and parking standard.
The tenant space is located within the Galleria of Elgin shopping center and is located on the
south side of U.S. Route 20 and east of Nesler Road. U.S. Route 20 is a limited access
regional arterial that serves western portions of Elgin and the surrounding region. Nesler
Road is an arterial road providing access to the subject property and serving the commercial
and residential properties to the west and south. There is a right-in right-out access only
from U.S. Route 20 and full access from Nesler Road, via a cross access easement on the
adjacent property to the west.
Off street parking is provided in conformance with the Off Street Parking Ordinance.
ra D. Zoning History Standard. The suitability of the subject property for the intended zoning
district 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 zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property was zoned as follows for the years listed:
1927: Out of City Limits
1950: Out of City Limits
1960: Out of City Limits
1961: Out of City Limits
1962: Out of City Limits
1992: Out of City Limits
Present: PAB Planned Area Business District
The subject property was annexed to Elgin in 2007 and zoned PAB Planned Area Business
District.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
- 3 -
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
Findings. The subject property is suitable for the intended zoning district 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 consists of unimproved parcels of land.
The area west of the subject property is zoned PAB and is partially developed with a
commercial bank.
The areas to the east are zoned PCF Planned Community Facility and PSFR2 Planned Single
Family Residential and developed in single family residential uses, as part of Providence
Subdivision.
The area to the south is zoned PCF Planned Community Facility District and is developed as
a church.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to 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 zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located in an area developed with a mix of commercial, office and
service related uses.
G. Planned Development District Standard. The suitability of the subject property for the
intended zoning district with respect to conformance to the provisions for the purpose and
intent, and the location and size of a zoning district.
The applicant is requesting PAB Planned Area Business District zoning. The purpose and
intent of the provisions for planned developments is to accommodate unique development
situations. For planned development districts,the planned development should demonstrate
the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the
types of environment available to the public that would not be possible under the
strict application of the other chapters of this title.
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities.
3. The preservation of significant natural features including topography,watercourses,
wetlands, and vegetation.
elk
Planned area business districts should be located in substantial conformance to the official
comprehensive plan. The amount necessary to constitute a separate commercial district
exclusive of right of way, but including adjoining land or land directly opposite a right of
-4 -
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
way shall be less than two acres. No departure from the required minimum size of planned
development district shall be granted from the city council.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent,and the location and size of a PAB
Planned Area Business District.
The proposed map amendment is in substantial conformance with the purpose and intent of
the planned development provisions of the ordinance.
The proposed use will provide package liquor for sale to the residential subdivisions
surrounding it, as well to a larger trade area. The proposed business will include interior
elements such as a seventeen door walk in wine and beer cooler. The store will also include
custom cabinetry wine racks and appropriate liquor shelving. It will also include high end
metal shelving for liquors,a cigar humidor and walk in beer cooler. There will be decorative
ceiling lighting,hanging trellis, lattice work and Brazilian walnut flooring
The proposed package liquor sales establishment will be located,designed and operated in
accordance with the appearance, character, public health, safety and welfare of the
community, and is consistent with the other land uses of the PAB Planned Area Business
District.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended zoning district 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.
- 5 -
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
I. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the Natural Preservation Standard.
There are no significant natural features present at the subject property worthy of
preservation.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development with respect to the land uses permitted within the development being
located, designed, and operated so as to exercise no undue detrimental influence on each
other or on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the internal land use standard.
No evidence has been submitted or found that the proposed planned development will be
located,designed,or operated in a manner that will exercise undue detrimental influence on
itself or surrounding property.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the zoning ordinance. For the purposes of this section, the most
similar zoning district is the AB Area Business District. The applicant is requesting the following
departure from the standard requirements of the AB Area Business District:
Section 19.90.015.C.Alcoholic Liquor,Package Liquor Sales Establishment.Measurment. In
the AB Area Business District a package liquor sales establishment shall not be located less than one
hundred feet (100') from any church. The distance shall be measured in a straight line from the
nearest point on the nearest lot of record of the"package liquor sales establishment"to the nearest
point on the nearest exterior structure wall of any area of a church which is used for worship services
or educational programs.
The applicant is requesting that the one hundred feet necessary to maintain the appropriate distance
be measured in a straight line from the exterior structure wall of the church to the exterior structure
wall of the tenant space of the proposed "package liquor sales establishment".
r
- 6 -
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues and alternatives:
A. Summary of Findings
Positive Attributes. The use 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 business will include
interior elements such as a seventeen door walk in wine and beer cooler.The store will also
include custom cabinetry wine racks and appropriate liquor shelving.It will also include high
end metal shelving for liquors, a cigar humidor and walk in beer cooler. There will be
decorative ceiling lighting,hanging trellis, lattice work and Brazilian walnut flooring.
No evidence has been submitted or found that the proposed planned development will be
located,designed,or operated in a manner that will exercise undue detrimental influence on
itself or surrounding property. The planned district ordinance is intended to prevent undue
detrimental influence on the proposed internal land uses within the subject property and on
surrounding properties.
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.
RECOMMENDATION
The Planning and Development Commission recommends the approval of Petition 06-10. On a
motion to recommend approval,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 dated
elk March 23, 2010 submitted by Tushar Suvagia.
2. Substantial Conformance to the following exhibits submitted by Tushar Suvagia.
- 7 -
•
Findings of Fact Planning and Development Commission
Petition 06-10 May 3, 2010
a. ATS store fixtures and equipment plan dated March 23, 2010;
b. Galleria of Elgin shopping center site plan dated March 23, 2010;
c. Interior site plan layout dated March 23, 2010;
d. Sign proposal exhibits, dated April 13, 2010;
e. Interior photos from other stores owned by applicant, dated March 23,
2010;
3. The package liquor establishment shall be limited to the tenant space 3091 U.S.
Route 20,Units 107 and 108.
4. The one hundred feet necessary to maintain the appropriate distance shall be
measured in a straight line from the exterior structure wall of the church to the
exterior structure wall of the tenant space of the proposed "package liquor sales
establishment".
5. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 06-10 was adopted.
Respectfully Submitted,
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning and Development Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Development Commission
r
- 8 -