Loading...
HomeMy WebLinkAboutG21-13 Ordinance No. G21-13 AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW FOR THE EXPANSION OF PACKAGE LIQUOR SALES IN THE PAB PLANNED AREA BUSINESS DISTRICT (571 North McLean Boulevard and 1363 Manor Court within the shopping center at 551-587 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the PAB Area Business District; and WHEREAS, the Planning & Zoning Commission 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 Planning &Zoning 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 April 1, 2013, made by the Planning & Zoning Commission, a copy of which is rattached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit a package liquor sales establishment currently located and operating within the tenant space at 571 North McLean Boulevard to expand into the tenant space located at 1363 Manor Court, these properties located within in the PAB Planned Area Business District encompassing the commercial property located at 551-587 North McLean Boulevard and legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in Block 4 of Wing Park Manor to Elgin, (except that part of Lots 1 and 23 dedicated for Public Highway as shown on Plat of Dedication recorded July 14, 1976 as Document Number 1370262), in the City of Elgin, Kane County, Illinois (Property commonly known as 551-587 North McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Mr. Vijay Desai d/b/a Wing Park Liquor, dated December 18, 2012, and revised on January 3, 2013. 2. Substantial conformance with the following documentation: a. Final Plat of Subdivision for Wing Park Manor Addition - Resubdivision No. 1, ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as Document No. 2012K038712. • b. ALTA/ACSM Land Title Survey for the property prepared by Jacob & Hefner Associates, Inc., dated March 12, 2012. c. Exhibit depicting the location of the "original" and "additional" premises entitled "Exhibit A — Additional Premises" dated received January 4, 2013. d. Floor Plan of proposed expansion tenant space entitled "1363 Manor Ct" dated received January 4, 2013. 3. The liquor store and its expanded premises will be restricted to the tenant spaces at 571 North McLean Boulevard and 1363 Manor Court located within the Wing Park Shopping Center. 4. All merchandise stored on site will be limited to be sold at "retail" on the premises. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. 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. ,> l/ ; . David J. K`"ain, „!yor Presented: May 8, 2013 Passed: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 8, 2013 Published: May 10, 2013 Attest: Kimberly Dewis, C. y Clerk r April 1, 2013 FINDINGS OF FACT Planning and Zoning Commission City of Elgin,Illinois SUBJECT Consideration of Petition 01-13 Requesting a Conditional Use to Expand an Existing Package Liquor Store within a PAB Planned Area Business District, at the Property Commonly Referred to as 551-587 North McLean Boulevard; By Mr. Vijay Desai d/b/a Wing Park Liquor, Inc. as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: PAB Planned Area Business District Existing Use: Package Liquor Store Property Location: 551-587 North McLean Boulevard Tenant Spaces at 571 North McLean Boulevard and 1363 Manor Court Applicant/Owner: Mr. Vijay Desai d/b/a Wing Park Liquor Staff Coordinator: Sarosh B. Saher, AICP, Senior Planner LIST OF EXHIBITS A. Aerial/Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Site Photos (see attached) E. Statement of Purpose and Conformance and Attachments (see attached) F. Draft Conditional Use Ordinance (see attached) G. Related Correspondence (see attached) Exhibit A Findings of Fact Planning and Zoning Commission Petition 01-13 April 1, 2013 BACKGROUND An application has been filed by Mr. Vijay Desai d/b/a Wing Park Liquor, Inc, requesting approval to expand an existing package liquor store. The subject property is commonly referred to as 551-587 North McLean Boulevard and is located within an ARC Arterial Road Corridor Overlay District(reference Exhibits A, B, C, and D). The applicant proposes to expand the 3,310 square feet retail store located within the tenant space at 571 North McLean Boulevard into the 980 square feet tenant space located at 1363 Manor Court. The expansion is intended to allow the operator of the liquor store to competitively stock inventory for sale at the store. The land use is classified as a conditional use in this PAB Planned Area Business District and as such, its expansion requires conditional use approval through the public hearing process and city council approval (reference Exhibits E, and F). GENERAL FINDINGS After due notice, as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 01-13 on April 1, 2013. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Department submitted a Conditional Use Review dated March 4, 2013. The Planning and Zoning Commission has made the following general findings: A. Zoning History. The property was annexed to the City of Elgin in 1954 as part of the Wing Park Manor annexation and was zoned D Commercial district. The property was reclassified in 1992 to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. In 2010, the property was zoned PAB Planned Area Business District, and the northern end of the shopping center has subsequently redeveloped with a new free-standing Walgreen's pharmacy building. In 2012, the city approved the establishment of an automobile windshield repair store (Safelite AutoGlass) at the southern end of the shopping center. Wing Park Liquor was first established in 1991 at 1341 Manor Court, which is the free standing tenant building at the rear of the shopping center. In 1996 the operator of the business requested and was granted permission to relocate within the shopping center to 571 North McLean Boulevard. In 2005 the current owner of the store acquired the business and continues the operation to this date. The tenant space at 1363 Manor Court was formerly occupied by a beauty salon and is currently vacant. B. Surrounding Land Use and Zoning. The area to the east of the subject property is zoned RC1 Residence Conservation District and is developed with single family residences. The areas to the north and south of the shopping center are zoned CF 2 Findings of Fact Planning and Zoning Commission Petition 01-13 April 1, 2013 Community Facility District and developed with a school to the north and a church to the south. The area west of the subject property is zoned AB Area Business District and developed with commercial buildings. C. Trend of Development. The subject property is a larger shopping center located along an arterial corridor developed with a mix of commercial, office and residential uses. These surrounding land uses depend upon this center for the retail- and service-oriented uses that it offers. D. Zoning District. This PAB Planned Area Business District is most similar in land use and site design characteristics to the AB Area Business 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 CC 1 Center City district. Accessory package liquor sales are classified as a conditional use in the AB Area Business District. The proposed business is in keeping with the intent of the AB district. The proposed expansion of the package liquor store to include the adjacent rear tenant space will allow a more competitive and convenient shopping experience. r STANDARDS FOR CONDITIONAL USES The Planning & Zoning Commission 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 that encompasses the shopping center is rectangular shaped and approximately 6.669 acres in size. It is currently improved with a free- standing commercial building at the north, two multiple tenant commercial buildings to the south, one free-standing carry-out restaurant, and two free-standing buildings at the southeast corner of the zoning lot and surface a parking lot. The tenant space currently occupied by the liquor store is 3,310 square feet, and the tenant space that is proposed to be expanded into is approximately 980 square feet. 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 served by municipal water and sanitary sewer. 3 Findings of Fact Planning and Zoning Commission Petition 01-13 April 1, 2013 r 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 located on the southeast corner of McLean Boulevard and Wing Street and is bordered by McLean Boulevard to the west, Wing Street to the north, Weston Avenue to the east, and Eagle Drive to the south. McLean Boulevard and Wing Street are arterial roads which serve the west side of Elgin. Weston Avenue and Eagle Drive are local streets serving the surrounding neighborhoods. Access is available into the subject property from all four sides of the site. Off street parking is provided in conformance with the zoning 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 located in an area designated as "Highway Commercial" in the City's 2005 Comprehensive Plan and Design Guidelines. Areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. 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. No evidence has been submitted or found that the proposed expansion of the existing conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. F. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. The subject property is not located within a designated historic district. r 4 Findings of Fact Planning and Zoning Commission Petition 01-13 April 1, 2013 RECOMMENDATION The Planning and Zoning Commission recommends the approval of Petition 01-13. 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 Application and Statement of Purpose and Conformance, submitted by Mr. Vijay Desai d/b/a Wing Park Liquor, dated December 18, 2012, and revised on January 3, 2013. 2. Substantial conformance with the following documentation: a. Final Plat of Subdivision for Wing Park Manor Addition — Resubdivision No. 1, ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as Document No. 2012K038712. b. ALTA/ACSM Land Title Survey for the property prepared by Jacob & Hefner Associated, Inc., dated March 12, 2012. c. Exhibit depicting the location of the "original" and "additional" premises entitled "Exhibit A—Additional Premises" dated received January 4, 2013. d. Floor Plan of proposed expansion tenant space entitled "1363 Manor Ct" dated received January 4, 2013. 3. The liquor store and its expanded premises will be restricted to the tenant spaces at 571 North McLean Boulevard and 1363 Manor Court located within the Wing Park Shopping Center. 4. All merchandise stored on site will be limited to be sold as "retail" on the premises. 5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 6. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 01-13 was adopted. Respectfully submitted: s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/David Waden David Waden, Secretary Planning and Zoning Commission 5