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Home My WebLink AboutG16-14 Ordinance No. G16-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (20 Tyler Creek Plaza) WHEREAS, written application has been made requesting conditional use approval to permit accessory package liquor sales in the AB 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 with 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 February 3, 2014, made by the Planning & Zoning Commission, 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 accessory package liquor sales in the AB Area Business District at 20 Tyler Creek Plaza, and legally described as follows: PARCEL ONE: LOT 1 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT NO. 1650586 WITH THE RECORDER OF KANE COUNTY, ILLINOIS. PARCEL TWO: EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR BENEFIT OF PARCEL ONE AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1650587 AS AMENDED FROM TIME TO TIME ON AND OVER LOTS 2, 3, 4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMER ROAD; THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN BOULEVARD 882.12 FEET FROM THE PLACE OF BEGINNING; THENCE EASTERLY AND PARLLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 395.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA SUBDIVISION THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 395.05 FEET TO THE PLACE OF BEGINNING, (EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO RIGHTS, IF ANY, FOR BENEFIT OF PARCEL ONE CREATED BY DEVELOPMENT AGREEMENT DOCUMENT 1650591 RECORDED AUGUST 24, 1983, CREATED BY PARTY WALL DECLARATION RECORDED AUGUST 24, 1983 AS DOCUMENT 1650594 AND BY INSTRUMENT AS TO CONVENANTS RECORDED AUGUST 24, 1983 AS DOCUMENT 1650595 (Property commonly known as 20 Tyler Creek Plaza). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance and Attachments, submitted by Butera Finer Foods, Inc. dated received January 14, 2014. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Interior Fixture Plan, submitted by, Butera Finer Foods, Inc. dated received January 14, 2014. 3. The conditional use granted herein is limited to tenant space of 20 Tyler Creek Plaza. 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. - , / . L l�/.. 1 i, e;(itx, David J. Kaptain, Iayor Presented: March 19, 2014 '"Of EL Gi Passed: March 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 V� 'osso Recorded: March 19, 2014 -' Published: March 21, 2014 = ' 4' Attes : imberly Dewis, Cit Clerk February 3, 2014 PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Conununit■ DcN elopment Department Cite of Elgin, IL OVERVIEW Butera Finer Foods, Inc. requests Conditional Use Approval to permit accessory package liquor sales. The property is located at 20 Tyler Creek Plaza. GENERAL INFORMATION Petition Number 01-14 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail). Applicant: Butera Finer Foods, Inc. History: After due notice as required by law,the Planning&Zoning Commission held a public hearing and considered Petition 01-14 on February 3, 2014. The applicant submitted a Statement of Purpose Conformance dated received January 14, 2014 and testified at the public hearing. Staff Coordinator: Dave Waden, Senior Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance,Application F. Draft Conditional Use Ordinance BACKGROUND & PROJECT DETAIL The proposed Butera Finer Foods Supermarket, a 37,786 square foot building with surface parking lot is situated at the northeast corner of Big Timber Road and McLean Boulevard, and is part of the Tyler Creek Shopping Plaza. The supermarket sits on a 3.36 acre parcel of land. Besides the sales of groceries and associated items the applicant is proposing the sales of various alcoholic beverages which include beer, wine, spirits and liqueurs. The liquor department which Exhibit A Recommendation & Findings of Fact Planning& Zoning Commission Petition 01-14 February 3, 2014 is proposed to occupy approximately 2,000 square feet of retail space will be located in the northwest corner of the building. Within the liquor department a 9-door reach-in refrigerated cooler with a 12' x 28' section for display and storage would be installed. The liquor department will be overseen by store managers and the shelves within the department would be stocked by direct vendors, a store manager, and/or another member of the Butera staff. The purchase of alcoholic beverages would take place at any of the 7 checkout locations within the supermarket. The hours of operation for the store will be Monday through Friday from 7:00 am to 10:00 pm and Saturday and Sunday from 7:00 am to 9:00 pm. The liquor department would be open during regular stores hours, to the extent permitted, and in the manner required, by local city ordinances and State law. STANDARDS FOR CONDITIONAL USES In the review of their packet material,which is a part of the record of the February 3, 2014 public hearing, and during their discussion during the same public hearing, Planning & Zoning Commission members considered the following 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 is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is an irregular shaped parcel containing approximately 3.36 acres of land. There are no significant features at the site. The subject property consists of a vacant 37,786 square foot building and a large surface parking lot. 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 and sanitary sewer. 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 subject property has a shared access point off of North McLean Boulevard into the subject property and 3 access points off of Big Timber Road into the property. Both streets are classified as arterials serving the west side of Elgin. 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 01-14 February 3, 2014 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 suitable for the intended conditional use with respect to the Comprehensive Plan Standard. The proposed use meets the comprehensive plan standard. The subject property is designated "Highway Commercial" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Highway Commercial typically serves 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. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. 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 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. 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. This standard is not applicable. The subject property is not located within a historic district nor is it a historic landmark. RECOMMENDATION On a motion to recommend approval of Petition 01-14, the Planning & Zoning Commission voted five (5)yes, zero (0)no. If the city council was to approve Petition 01-14,the following conditions would be appropriate: 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 01-14 February 3, 2014 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by, Butera Finer Foods, Inc. dated received January 14, 2014. 2. Substantial conformance to the Fixture Plan, submitted by, Butera Finer Foods, Inc. dated received January 14, 2014. 3. The conditional use granted herein is limited to tenant space 20 Tyler Creek Plaza. 4. Compliance with all applicable codes and ordinances. s/ Bob Siljestrom Bob Siljestrom, Chairman Planning & Zoning Commission s/Dave Waden Dave Waden, Secretary Planning&Zoning Commission 4 I. ) 1 1 1 , 1 1 1 I t I J " ., Todd Farm • A 7 % 4 \ 0,0 g i • I 7 ititi DO Subject Property Petition 01-14 r _ Tyler Cree4 �.: . as . :1 x ..71 ,4„ x4`4 s', ca,- ` Big:Timber Timber r EXHBIITA Aerial/Location Map N A City of Elgin 0 62.5 125 250 375 500 Department of Community Development 1 Feet iV,..te'F1FN... ,.z. { <st:x&t_'k v s s Fa^k'cT3 aA-P0,11ks aXFk#044,. - , ..., "I ii • � r Y a' r„ -s. 41 y;; Vii' � z`tlx. 7 Fi C . I C Subject Property Legend Petition 01 -14 QResidence Conservation 1 ercipQ Residence Conservation 2 - QResidence Conservation 3 QPlanned Residence Conservation =Single Family Residence 1 O. QSingle Family Residence 2 QPlanned Single Family Residence 2 k QTwo Family Residence r.' rt IM Multiple Family Residence 4 r, J MIPlanned Multiple Family Residence 3.�,- QResidence Business =Planned Residential Business -Neighborhood Business -Planned Neighborhood Business -Area Business -Planned Area Business -Center City 1 -Center City 2 ftallia -Planned Center City -Office Research Industrial -Planned Office Research Industrial -General Industrial -Planned General Industrial -Commercial Industrial -Planned Community Facility -Community Facility -Fox River Preservation -Planned Center City 2 Q Planned Single Family Residence 1 000' QPlanned Two Family Residence - ■ Zoning Map w_05,0- U I s City of Elgin Department of Community Development 0 60120 240 360 480 1 Feet Subject Property 20 Tyler Creek Plaza Petition 01-14 0603376019 r- Tyler Creek r 0603376019 Big Timber Timber EXHBIIT C Parcel Map N City of Elgin 0 35 70 140 210 280 Department of Community Development Feet SITE LOCATION EXHIBIT 20 Tyler Creek Plaza Petition 01-14 Aux,CID alt64 gam. • 1 * 1 .. `,`‘ Tenant Space r f t i Y F i 1 . ae 4 A .. ,.... „. ... . Site Location , e yam,'y,' -_.. mo • sfwY s=aga. ;..• ,� .. s:. w - ,ter. sq: ,,. ,w Site Pictures