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HomeMy WebLinkAboutG36-10 Ordinance No. G36-10 • AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (2320 North Randall Road) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the PAB Planned 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 June 2, 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 PAB Planned Area Business District at 2320 North Randall Road legally described as follows: PARCEL ONE: LOTS 70 THROUGH 75 IN THE GROVE, BEING A RESUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 19, AND IN THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 2004 AS DOCUMENT 2004K125816, EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 73 THAT IS 10.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 88 040'41" WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 73, A DISTANCE OF 25.00 FEET; THENCE NORTH 43044'16" WEST, 17.74 FEET; THENCE NORTH 01'22'20" WEST, 44.82 FEET TO THE EASTERLY LINE OF LOT 75, AFORESAID; THENCE SOUTH 45 052'38" EAST ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF LOT 74, AFORESAID, 53.18 FEET TO THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 74; THENCE SOUTH 00 025'58" EAST ALONG THE EAST • i LINES OF SAID LOT 74 AND LOT 73, A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: PRIVATE ROAD EASEMENT TO BENEFIT PARCEL ONE AS CREATED BY THE PLAT OF SUBDIVISION DOCUMENT 2004KI25816 AND ACCESS EASEMENT RIGHTS TO BENEFIT PARCEL ONE GRANTED UNDER THE DECLARATION RECORDED OCTOBER 11, 2005 AS DOCUMENT 2005KI21148 AND AS MODIFIED FROM TIME TO TIME (Property commonly known as 2320 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance dated April 27, 2010 submitted by Randall Wine and Spirits, LLC. 2. Substantial Conformance to the following exhibits submitted by Randall Wine and Spirits, LLC. Dated April 27, 2010 and prepared by Corporate Design and Development Group, LLC. a. Lot 2 Site Plan; b. Lot 2 Landscape Plan; • c. Lot 2 Lighting Plan; d. Lot 2 Signage Plan; e. Signage Elevations; f. Building Elevations; g. Interior Site Plan; h. ALTA/ACSM Title Survey The Grove Retail Parcel 2; i. Perspective Renderings 3. The package liquor sales establishment shall be limited to tenant space 2320 North Randall Road. 4. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 5. 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. • i • 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: July 28, 2010 Passed: July 28, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 29, 2010 Published: July 30, 2010 Attest: Diane Robertson, City Clerk • • i June 2, 2010 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 11-10 Requesting a Conditional Use in the PAB Planned Area Business District, to Permit a Package Liquor Sales Establishment; Property Located at 2')20 North Randall Road, by Randall Wine & Spirits, LLC., as Applicants, and Randall Property Holdings, LLC., as Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PAB Planned Area Business District Existing Use: Vacant Commercial • Property Location: 2320 North Randall Road Applicant: Randall Wine & Spirits, LLC. Owner: Randall Property Holdings. 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) E. Environmental Photo (see attached) • F. Site Photos (see attached) Exhibit A i Findings of Fact Zoning and Subdivision Hearing Board Petition I 1-10 June 2, 2010 G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by Randall Wine& Spirits, LLC., requesting a conditional use in the PAB Planned Area Business District to permit a package liquor sales establishment. The property is located at 2320 North Randall Road (reference Exhibits A, B, C, D, and E). The applicant is requesting to open a liquor store in The Grove development.The proposed business will be located in a 2,000 square foot retail space that will be part of a motor vehicle service station and convenience store. The applicant needs conditional use approval for this land use to be allowed in the PAB 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 11-10 on June 2, 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 May 27, 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 at the southwest corner of Randall Road and Technology Drive, within The Grove, a 120 acre commercial subdivision. The package liquor sales establishment will occupy approximately 2,000 square feet. • B. Sewer and Water Standard. The suitability of the subject property for the intended Findings of Fact Zoning and Subdivision Hearing Board Petition 11-10 June 2, 2010 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 commercial subdivision served by North Randall Road to the east. Randall Road is a limited access regional arterial that serves west side of Elgin and the surrounding region. • Technology Drive,a public right of way and Bushwood Drive,a private street are local roads serving the subject property and the commercial and industrial properties to the north and west.Full access to the property will be provided from Bushwood Drive and limited right-in right-out access will be provided from Technology Drive. Cross access will be provided to the commercial property to the south. 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 1992: M-2 General Manufacturing District Present: PAB Planned Area Business District J i Findings of Fact Zoning and Subdivision Hearing Board Petition 11-10 June 2, 2010 I • The subject property was annexed and zoned M-2 District in 1991 as part of a larger subdivision known as the Northwest Corporate Park. The property was reclassified in 1992 to PORI Planned Office Research Industrial District as part of a comprehensive amendment to the zoning ordinance. In 2004, the property was reclassified to PAB Planned Area Business District to allow for the Grove Subdivision. 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, south and west of the subject property is zoned PAB Planned Area Business District, and consists of commercial out lots developed with retail and restaurants. The areas east of the subject property are within the Village of Sleepy Hollow and consist of single family residential lots. • 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 in an area that is developed with a mix of commercial uses, and service related 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 the length of time the property has remained undeveloped or unused in its current zoning district. 4 i Findings of Fact Zoning and Subdivision Hearing Board Petition 11-10 June 2, 2010 • The purpose of the PAB Planned Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. PAB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business districts and the CCl Center City district. A package liquor sales establishment is classified as a conditional use in the PAB Planned Area Business District. The proposed business is.in keeping with the intent of the PAB district. It will provide package liquor for sale to the residential subdivisions in the vicinity, as well to a larger trade area. The proposed business will be built with high-quality materials. To maintain consistency with "The Grove" standards, the building will be constructed of a "Franklin Stone" kneewall, "Cherokee Blend"brick with "Butternut Velour" brick, with architectural features including soldier courses, mullions, awnings, decorative lights, brick columns and angled entrances. Parapet walls will be constructed to fully screen any roof-.top units. The store will to be stocked with sixty percent wine products and the remaining forty percent will be stocked with liquor and non-alcoholic beverages. The plan also calls for 14 cooler doors which would be designated for beer products. The proposed package liquor sales •i 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 this PAB Planned Area Business District. A package liquor sales establishment is classified as a conditional use in the PAB Planned Area Business District. The proposed business is in keeping with the intent of the PAB. district. It will provide package liquor for sale to the residential subdivisions and businesses 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 as "Employment — Office/Research/Industrial" by the City's Comprehensive Plan and Design Guidelines, dated 2005. Areas designated as Employment Centers typically allow for a variety of industrial; manufacturing, assembly, warehouse,distribution,research and development,technology,corporate and support office, and limited employee-serving retail uses. These activities typically locate in business parks. �1 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 11-10 June 2, 2010 Appropriate locations offer direct access to the arterial street system, and are in close proximity to highways,the freeway system and interchanges. The proposed land use is in keeping with the objectives and policies of the"Employment— Office/Research/Industrial" comprehensive plan designation. I. 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: A. Summary of Findings. Positive Attributes. A package liquor sales establishment is classified as a conditional use in the PAB Planned Area Business District. The proposed business is in keeping with the intent of the PAB district. It will provide package liquor for sale to the residential subdivisions in the vicinity, as well to a larger trade area. The proposed business will be built with high-quality materials. To maintain consistency with "The Grove" standards, the building will be constructed of a "Franklin Stone" kneewall, "Cherokee Blend" brick with "Butternut Velour" brick, with architectural features including soldier courses, mullions, awnings, decorative lights, brick columns and angled entrances. Parapet walls will be constructed to fully screen any roof-top units. The store will to be stocked with sixty percent wine products and the remaining forty percent will be stocked with liquor and non-alcoholic beverages. The plan also calls for 14 cooler doors which would be designated for beer products. 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 6 Findings of Fact Zoning and Subdivision Hearing Board Petition 11-10 June 2, 2010 • land uses of this PAB Planned Area Business " The proposed site is located in an area of the city which is developed with a mix of commercial uses, service related uses, and industrial 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 Zoning and Subdivision Hearing Board recommends the approval of Petition 11-10. 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 dated April 27, 2010 submitted by Randall Wine and Spirits, LLC. 2. Substantial Conformance to the following exhibits submitted by Randall Wine and Spirits, LLC. dated April 27, 2010 and prepared by Corporate Design and Development Group, LLC. a. Lot 2 Site Plan: b. Lot 2 Landscape Plan; c. Lot 2 Lighting Plan; d. Lot 2 Signage Plan; e. Signage Elevations; f. Building Elevations; g. Interior Site Plan; h. ALTA/ACSM Title Survey The Grove Retail Parcel 2; i. Perspective Renderings 3. The package liquor sales establishment shall be limited to tenant space 2320 North Randall Road. �1 7 Findings of Fact Zoning and Subdivision Bearing Board Petition 11-10 June 2, 2010 • 4. 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. s/Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Denise Momodu • Denise Momodu, Secretary Zoning and Subdivision Hearing Board 8