HomeMy WebLinkAboutG36-10 (2) I
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°40'41" 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 43°44'16" WEST, 17.74 FEET; THENCE NORTH 01°22'20" WEST, 44.82
FEET TO THE EASTERLY LINE OF LOT 75, AFORESAID; THENCE SOUTH
45°52'38" 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°25'58" EAST ALONG THE EAST
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 2004K125816 AND ACCESS EASEMENT
RIGHTS TO BENEFIT PARCEL ONE GRANTED UNDER THE DECLARATION
RECORDED OCTOBER 11, 2005 AS DOCUMENT 2005K121148 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.
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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
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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 2320 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
elk 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)
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F. Site Photos (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 11-10 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
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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
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 11-10 June 2, 2010
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 n
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.
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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 CC1 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
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.
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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,
echaracter,public health, safety and welfare of the community,and is consistent with the other
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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:
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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. ALTAIACSM 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.
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Findings of Fact Zoning and Subdivision Hearing 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
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