The URL can be used to link to this page

Home My WebLink AboutG26-14 Ordinance No. G26-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (1817 Larkin Avenue) WHEREAS, written application has been made requesting conditional use approval for package liquor sales establishment 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 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 7, 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 a package liquor sales establishment in the AB Area Business District at 1817 Larkin Avenue and legally described as follows: PARCEL ONE: Lots 6, 7, 8 and 9 in Fox River Hills, Map No. 4 (except that part described as follows: beginning at the Southwesterly corner of said Lot 6; thence Northerly along the Westerly line of said Lot 6, 74.27 feet; thence Northeasterly 269.99 feet to a point on the Easterly line of said Lot 9, 137.52' Northerly of the Southeasterly corner of said Lot 9; thence Southerly along said Easterly line 137.52 feet to said Southeasterly corner, thence Westerly along the Southerly line of said Lots 6, 7, 8 and 9, 261.33 feet to the point of beginning), in the City of Elgin, Kane County, Illinois. PARCEL TWO: That part of Lots 6, 7, 8 and 9 in Fox River Hills, Map No. 4, described as follows: beginning at the Southwesterly corner of said Lot 6; thence Northerly along the Westerly line of said Lot 6, 74.27 feet; thence Northeasterly 269.99 feet to a point on the Easterly line of said Lot 9, 137.52' Northerly of the Southeasterly corner of said Lot 9; thence Southerly along said Easterly line 137.52 feet to said Southeasterly corner, thence Westerly along the Southerly line of said Lots 6, 7, 8 and 9 261.33 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. (Property commonly known as 1817 Larkin Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Larkin's Discount Liquor, LLC dated received February 19, 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 Plat of Survey submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 3. Substantial conformance to the interior photographic examples submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 4. Substantial conformance to "Exhibit B" aerial photograph submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 5. Substantial conformance to "Exhibit C" Area PIan — Gross Area, prepared by Allen Pepa Architects, dated January 16, 2014 and submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 6. Substantial conformance to "Exhibit D" I" Floor Plan Layout prepared by Allen Pepa Architects dated February 7, 2014 and submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. The conditional use granted herein is limited to tenant space at 1817 Larkin Avenue. 9. 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. David J. Kap n, M or Presented: May 14, 2014 Passed: May 14, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: May 14, 2014 Published: May 16, 2014 URBSFLUMIN, Attest: Kimber�Dewis, ler April 7, 2014 PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Coninitini(N Development Departiiieiit OtN of Elgin, IL OVERVIEW Larkin's Discount Liquor, LLC requests Conditional Use Approval to permit a package liquor sales establishment within an AB Area Business District. The property is located at 1817 Larkin Avenue. GENERAL INFORMATION Petition Number 08-14 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: Larkin's Discount Liquor LLC History: After due notice as required by law,the Planning&Zoning Commission held a public hearing and considered Petition 08-14 on April 7, 2014. The applicant submitted a Statement of Purpose Conformance dated received February 19, 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 G Related Correspondence BACKGROUND & PROJECT DETAIL Larkin's Discount Liquor, LLC is requesting approval for the establishment of a package liquor store; the subject property is located at 1817 Larkin Avenue. Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 08-14 April 7, 2014 The applicant proposes to establish an approximate 2,268 square foot liquor store at the east end of an existing strip commercial center which formally housed the Blockbuster Video store. The proposed store is located at the southwest corner of Larkin Avenue and 2"d Street. The former Blockbuster Video store is being divided into three commercial rental units in which the proposed Larkin's Discount Liquor is one of them. The applicant plans on offering a significant wider selection of craft beers and specialty wines not offered by other stores within the vicinity of the subject property. The display space within the store will be devoted to wine (40%), craft beer (20%), spirits (15%), beer (15%), and non- alcoholic beverages, tobacco, candy, peanuts, snacks, and lotto tickets (10%). The store will include a ten (10) door walk-in cooler with glass face reach-in doors for beer, and a six (6) door reach-in cooler for craft beer. The middle aisles will consist of new black gondola metal shelving, twenty-four (24) foot custom made wood shelving for wines, ceramic tile flooring throughout and a custom made oak front counter. The stores hours of operation will be 9:00 am to 11:00 pm, seven days per week, subject to local restrictions. The store will be designed as a destination store given the extensive selection of craft beer and specialty wines that will be offered. Employee parking will take place in the rear of the building and retail parking will take place in the surface parking lot that fronts the store and fronts Larkin Avenue. The land use is classified as a conditional use in this AB Area Business District and as such, requires conditional use approval through the public hearing process and city council approval. STANDARDS FOR CONDITIONAL USES In the review of their packet material, which is a part of the record of the April 7, 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 is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is located within an existing multiple tenant commercial building and surface parking lot. The subject property is rectangular in shape and is approximately 1.8lacres in size. 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 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 08-14 April 7, 2014 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 is located at the southwest corner of Larkin Avenue and 2nd Street. Larkin Avenue is an arterial road which serves the west side of Elgin. 2nd Street is a local street serving the surrounding neighborhoods. Access is available into the subject property from Larkin Avenue and there are two access points off of 2nd Street. 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 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. 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, 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 08-14 April 7, 2014 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 DETAIL On a motion to recommend approval of Petition 08-14, the Planning & Zoning Commission voted five (5)yes, zero (0) no. If the city council was to approve Petition 08-14,the following conditions would be appropriate: 1. Substantial conformance with the Application and Statement of Purpose and Conformance, submitted by Larkin's Discount Liquor, LLC dated received February 19, 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 Plat of Survey submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 3. Substantial conformance to the interior photographic examples submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 4. Substantial conformance to "Exhibit B" aerial photograph submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 5. Substantial conformance to "Exhibit C" Area Plan — Gross Area, prepared by Allen Pepa Architects, dated January 16, 2014 and submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 6. Substantial conformance to "Exhibit D" 1st Floor Plan Layout prepared by Allen Pepa Architects dated February 7, 2014 and submitted by Larkin's Discount Liquor, LLC dated received February 19, 2014. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. The conditional use granted herein is limited to tenant space at 1817 Larkin Avenue. 9. Compliance with all applicable codes and ordinances. s/ Bob Siljestrom 4 Recommendation & Findings of Fact Planning & Zoning Commission Petition 08-14 April 7, 2014 Bob Siljestrom, Chairman Planning&Zoning Commission s/Sarosh Saher Sarosh Saher, Secretary Planning & Zoning Commission 5 Of Gran...... vv CN �� ♦. .P � � ..� � X11 1 t rf i p y o. Ate , • • • • 1 ' �• , j i E T c • • 1 1 •1 1 :1 �1 Maple MFR CF RC1 Joseph CF CF AB Subject Property Petition 08-14 Legend QResidence Conservation 1 QResidence Conservation 2 OResidence Conservation 3 OPlanned Residence Conservation O Single Family Residence 1 QSingle Family Residence 2 MFR OPlanned Single Family Residence 2 Two Family Residence -Multiple Family Residence Aa -Planned Multiple Family Residence 4��@ OResidence Business QPlanned Residential Business V -Neighborhood Business N -Planned Neighborhood Business Area Business =Planned Area Business -Center City 1 -� iRC1 -Center City 2 -Planned Center City 1 -Office Research Industrial -Planned Office Research Industrial -General Industrial -Planned General Industrial -Commercial Industrial -Planned Community Facility CFI C -Community Facility i -Fox River Preservation .7 -Planned Center City 2 C OPlanned Single Family Residence 1 Planned Two Family Residence a EXHIBIT B Zoning Map N w ® E S City of Elgin 0 55 110 220 330 440 Feet Department of Community Development Subject Property 1817 Larkin Ave Petition 08-14 parkin 0616477041 C N EXHBIIT C Parcel Map N A City of Elgin 0 15 30 60 90 120 Department of Community Development Feet SITE LOCATION EXHIBIT • Larkin Petition 08-14 19 0 Site x 1 + x ♦ ; u I x - • - .r x � x >Q _ Location Perspective View #1 I 7 G l 6.C4 ANIL- lonw tI M • P'� i��fi,=fig-� � }'/.� r z