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Home My WebLink AboutG22-15 Ordinance No. G22-15 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (920 South McLean Boulevard) WHEREAS, written application has been made for a conditional use for a planned development at 920 South McLean Boulevard, which lot is legally described herein (the "Subject Property"), to permit certain departures from the Elgin Zoning Ordinance; and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and package liquor sales is a listed conditional use within the NB district; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 4, 2015 following due notice by publication; and WHEREAS, the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use for planned development in the NB Neighborhood Business District and to permit certain departures from the Elgin Zoning Ordinance, pertain to the government and affairs of the city. 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 May 4, 2015, and the recommendations made by the Community Development Department and the Planning and 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 for a planned development for a package liquor sales establishment is hereby granted for the property commonly known as 920 South McLean Boulevard, commonly identified by Kane County Property Identification Number (PIN) 06-27- 101-011, and legally described as follows: That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Easterly Northeast corner of College Green Unit 1, being a subdivision of part of said Northwest Quarter; thence North 85 degrees 27 minutes 26 seconds West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly right of way line of McLean Boulevard for the point of beginning, (said point also being the Northeast corner of Lot 15, of said College Green Unit 1); thence continuing North 85 degrees 27 minutes 26 seconds West along said North line of Unit 1, a distance of 340.14 feet to a jog in said subdivision; thence North 04 degrees 58 minutes 47 seconds East along an East line of said subdivision 223.83 feet to the South line of Torrey Pines Drive (also being the Northeast corner of Lot 7 in said Unit 1); thence South 85 degrees 01 minutes 54 seconds East along the South line of Torrey Pines Drive a distance of 339.14 feet to the West line of McLean Boulevard; thence Southerly along said West line being on a curve to the left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the point of beginning; (the chord of the last described bearing South 04 degrees 43 minutes 29 seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois. Section 3. That the conditional use for a planned development for the redevelopment of the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application, Statement of Purpose and Attachments, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. 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 AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. 3. Substantial conformance to Site Plan, submitted by AMI Properties, Inc. as applicant and B2 as owner, prepared by Robert Lizzo, dated received March 23, 2015. 4. Substantial conformance to Interior Floor Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by Purohit Architects, dated received March 23, 2015. 5. Substantial conformance to the Concept Parking Site Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies dated March 18, 2015, dated received March 23, 2015. 6. Substantial conformance to the Sign Exhibits, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by A-Plus Sign Source, dated received March 23, 2015. 7. Substantial conformance to the Concept Landscape Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies, dated received April 3, 2015. 2 8. All improvements, including the installation of plant materials depicted upon the aforementioned Concept Landscape Plan within these conditions of approval shall be completed no later than 24 months from the date of this conditional use approval. 9. Compliance with all applicable codes and ordinances. Section 4. That the conditional use for planned development for the redevelopment of the Subject Property is hereby granted the following departures from the Elgin Zoning Ordinance: 1. The required number of off street parking stalls for "Retail" EMC Section 19.45.070 shall be 1 stall per 250 square feet of floor area. The subject property consists of a single story building that contains approximately 16,200 square feet of space, thus requiring 65 parking stalls. The applicant is requesting to install 63 parking stalls. Therefore, a departure of 2 parking stalls is requested. Section 5. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 3 and the allowances and departures described or depicted thereon, and the provisions of the Elgin Zoning Ordinance, this ordinance and associated documents shall control and prevail. Section 6. That this ordinance shall be full force and effect upon its passage in the manner provided by law. / �/ �. A �. Davis J. Ka.•°n, M./or Presented: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 OF°E�.. Recorded: June 10, 2015 Published: June 12, 2015 r Attest: '017,X .0�. • .OY i.\ \ . ., Kimberly Dewis, Ci Clerk 3 May 4, 2015 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS SUBJECT Recommendation and findings of fact for Petition 09-15, an application by AMI Properties, Inc., for a conditional use for planned development at 920 South McLean Boulevard. The applicant is requesting a conditional use for a planned development to allow for a package liquor sales establishment. GENERAL INFORMATION Petition Number: 09-15 Requested Action: Approval of a Conditional Use for Planned Development Current Zoning: NB Neighborhood Business District ARC Arterial Road Corridor Existing Use: Vacant, single story commercial building Property Location: 920 South McLean Boulevard Applicant: AMI Properties, Inc. Owner: B2 Investments Staff Coordinator: Dave Waden, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Statement of Purpose and Conformance and exhibits; and F. Public Hearing Transcripts from May 4, 2015 G. Draft Conditional Use for a Planned Development Ordinance H. Related Correspondence Exhibit A Findings of Fact Petition 09-15 May 4, 2015 BACKGROUND The applicant proposes to acquire the approximate 1.73 acre parcel which contains a vacant single story commercial building and surface parking lot located at 920 South McLean Boulevard, and requests permission to establish a package liquor sales establishment within a portion of the building. The remaining portion of the building would be leased to another tenant or tenants. Package liquor sales establishments are listed as a conditional use in the NB Neighborhood Business District, and require a public hearing and City Council approval. Payless Tobacco and Liquor Store which is currently located at 824 South McLean would acquire the property and re-locate to the site and occupy approximately 7,000 sq. ft. of the building in order to operate their liquor store. The remaining 9,200 sq. ft. of the building would be leased to another tenant or tenants when applicable. The proposed hours of operation would be from 8:00 a.m. to 10:00 p.m. Monday through Saturday, and 9:00 a.m. to 8:00 p.m. on Sunday. No changes to the exterior of the building except for new wall graphics are proposed by the applicant. There are currently 31 designated off-street parking spaces on-site, which is slightly above the required number of spaces (28) for the proposed retail liquor store. There are, however an insufficient number of spaces for any other potential tenants for the balance of the building. A total of 65 spaces are required for the subject property. For this reason, the applicant has proposed to modify the surface parking lot to accommodate the required parking (see Concept Site Plan Parking Exhibit within your packet.) However, as you will see in the Concept Site Plan Parking Exhibit no more than 63 spaces are possible based on site and building constraints, which is less than what is required by ordinance. The applicant will be requesting a departure amounting to 2 parking spaces, a request of a total of 63 parking spaces instead of the required 65. With the proposed modifications to the surface parking lot the applicant is proposing to add additional landscaping within several islands to offset the additional asphalt that is being installed. The applicant will also remove and replace any dead or decayed landscaping materials. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 09-15 on May 4, 2015. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use for Planned Development Review to the Planning & Zoning Commission dated May 4, 2015. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use for planned development as outlined within § 19.60.040: 2 Findings of Fact Petition 09-15 May 4, 2015 A. Site Characteristics Standard. The suitability of the subject property for the intended planned development as a conditional use with respect to its size, shape, and any existing improvements. Findings. The conditional use for a planned development meets the site characteristic standard as no site characteristic would impede locating the package liquor sales establishment. The site is approximately 1.73 acres in size and is improved with a 16,200 sq. ft. single story building and surface parking lot. B. Sewer and Water Standard. The suitability of the subject property for the intended planned development as a conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The conditional use for a planned development meets the sewer and water standard as the subject property is currently served by municipal water, sanitary sewer, and storm water systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the intended planned development as a 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 conditional use for a planned development meets the traffic standard. The subject property is located at the southwest corner of South McLean Boulevard and Torrey Pines Drive. South McLean Boulevard is an arterial street that serves the west side of Elgin. Torrey Pines Drive is a local street and is one of two entrances into College green Subdivision from South McLean Boulevard. Access into the subject property is from Torrey Pines Drive. The applicant is requesting a departure from the required number of parking stalls for the site. The subject property requires 65 parking stalls and the applicant are proposing 63 parking stalls as shown on the Concept Site Plan Parking exhibit which is attached as part of the staff report. D. Zoning History. The suitability of the subject property for the intended planned development as a conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The conditional use for a planned development meets the zoning history standard with respect to the length of time the existing building has remained underutilized, if not completely unused. The building has been vacant since May 2012. 3 Findings of Fact Petition 09-15 May 4, 2015 Originally, the subject property was annexed and zoned B3 Service Business District in 1974. The property was rezoned to B1 Retail Business District in 1988. This B1 zoning classification of the property was associated with the preliminary platting and zoning for College Green Subdivision. The subject property was rezoned to NB Neighborhood Business District in 1992 as part of a comprehensive amendment to the zoning ordinance. E. Surrounding Land Use and Zoning. The suitability of the subject property for the intended planned development as a conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The conditional use for a planned development meets the surrounding land use and zoning standard. The area to the north of the subject property is zoned PNB Planned Neighborhood Business District and is developed with a retail center that includes such uses as the Bunge Auto Center, New Life Books and Gifts, LifeSource, and Trendsetter Spa. The areas south and west of the subject property are zoned RC1 Residence Conservation District. These areas are developed with single family residences that are part of the College Green Subdivision. The area to the east of the subject property is zoned PORI Planned Office Research Industrial District and is developed with a commercial subdivision. F. Trend of Development. The suitability of the subject property for the intended planned development as a conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The conditional use for a planned development meets the trend of development standard. The subject property is located within an area that is developed with residential, commercial, industrial uses G. Conditional Use for a Planned Development. The suitability of the subject property for the intended planned development as a conditional use with respect to conformance to the provisions for the purpose and intent of planned developments. The conditional use for a planned development meets the purpose and intent of planned developments in that it demonstrates the following: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of Title 19 "Zoning" of the Elgin Municipal Code; 4 Findings of Fact Petition 09-15 May 4, 2015 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of NB Neighborhood Business District; and 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development as previously recited within the entirety of these proposed findings of fact. Finally, the conditional use for a planned development is not requested for the sole purpose of introducing a land use not otherwise permitted on the subject property, rather the conditional use for a planned development would simply allow the applicant to improve the property with a package liquor sales establishment within a portion of the building and provide opportunities for other commercial/retail uses that are permitted within the NB Neighborhood Business District within the remainder of the building. H. Comprehensive Plan. The suitability of the subject property for the intended planned development as a conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. The conditional use for a planned development meets the comprehensive plan standard. The subject property is designated "Low Density Residential" (2.1 dwelling units to 4 dwelling units per net acre) and "Transportation Corridor" by the City's Comprehensive Plan and Design Guidelines dated 2005. In the low density residential land category, neighborhood commercial centers are listed under other uses that are allowed. Transportation corridors connect mixed-use centers and provide part of the guiding framework for growth and development within designated areas. Transportation corridor designations are intended to optimize public transit and to move people in a timely and efficient manner. The proposed land use is in keeping with the goals, objectives, and policies of these comprehensive plan designations. I. Natural Preservation Standard: The suitability of the subject property for the intended planned development as a conditional use with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings: The conditional use for a planned development meets the natural preservation standard. There are no significant natural features including topography, watercourses, wetlands, and vegetation. The applicant will add additional landscaping within several islands within the parking lot and is proposing to replace any dead or decaying plant material on the site. J. Internal Land Use Standard. The suitability of the subject property for the intended planned development as a conditional use with respect to the land uses permitted within 5 Findings of Fact Petition 09-15 May 4, 2015 the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The conditional use for a planned development meets the internal land standard in that no evidence has been submitted or found that the proposed conditional use for a planned development will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. Finally, a package liquor sales establishment is consistent and compatible with the land uses of the properties immediately surrounding the subject property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. The applicant is requesting the following departures; • Section 19.45.070 — Required Number of Parking Stalls. The required number of off street parking stalls for "Retail" shall be 1 stall per 250 square feet of floor area. The subject property consists of a single story building that contains approximately 16,200 square feet of space, thus requiring 65 parking stalls. The applicant is proposing to modify and improve the existing parking lot and can only accommodate 63 parking stalls based on site and building constraints. Therefore, the applicant is requesting a departure of 2 parking stalls. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 09-15, subject to the following conditions: 1. Substantial conformance to the Development Application, Statement of Purpose and Attachments, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. 2. Substantial conformance to the Plat of Survey, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, dated received March 23, 2015. 3. Substantial conformance to Site Plan, submitted by AMI Properties, Inc. as applicant and B2 as owner,prepared by Robert Lizzo, dated received March 23, 2015. 4. Substantial conformance to Interior Floor Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by Purohit Architects, dated received March 23, 2015. 6 Findings of Fact Petition 09-15 May 4, 2015 5. Substantial conformance to the Concept Parking Site Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies dated March 18, 2015, dated received March 23, 2015. 6. Substantial conformance to the Sign Exhibits, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by A-Plus Sign Source, dated received March 23, 2015. 7. Substantial conformance to the Concept Landscape Plan, submitted by AMI Properties, Inc. as applicant and B2 Investments as owner, prepared by V3 Companies, dated received April 3, 2015. 8. All improvements, including the installation of plant materials depicted upon the aforementioned Concept Landscape Plan within these conditions of approval shall be completed no later than 24 months from the date of this conditional use approval. 9. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning&Zoning Commission 7 Y --' 1 Subject Property , T Petition 09-15 II , iI ,........ L__ . . - ito Pebble Be ach Cir / •-- G imOlil W i i . - at , 0 i - 1111 . Torrey Pipes Dr ' r �; , 4- I*t tl citr,LI €€f to , t.;I � _.. a MUM ;• °- CO ,i If_9 it i$1 l•‘40, :. - _ - . - • - StAndr ews�Cir e }I l'-i-1 I I Sawgrass Ct _ a' al �A ... . . , , it 1� Crispin Dr -• rS!' s �- i‘ • t ,__-- F i. , . . . . -:( li : • . 1_._ .c"r Sc r,—r r r, i *..Fs 4 ' .,L t •■■ EXHIBITA Aerial/Location Map W-A,-E S 0 75 150 300 450 600 Map prepared by City of Elgin 1 'Feet Department of Community Development PNB . All lir Subject Property PO&I a _ Petition 09-15 ISO Wet:, 0 lug ,. ■0%,ecte ♦ *M1 PNB . ORI IIII 111 ,Il BIS" - 1111 - Torrey pin: Legend QResidence Conservation 1 RC1 Q Residence Conservation 2 I NB OResidence Conservation 3 t OPlanned Residence Conservation PORI Q Single Family Residence 1 rft OSingle Family Residence 2 OPlanned Single Family Residence 2 miTwo Family Residence -Multiple Family Residence 'ill".'Planned Multiple Family Residence ayygrBSS Ct OResidence Business =Planned Residential Business -Neighborhood Business -Planned Neighborhood Business -Area Business -Planned Area Business -Center City 1 -Center City 2 -Planned Center City Crispin Dr -Office Research Industrial -Planned Office Research Industrial $1111 -General Industrial -Planned General Industrial -Commercial Industrial -Planned Community Facility -Community Facility ORI -Fox River Preservation -Planned Center City 2 PRE1 I OPlanned Single Family Residence 1 Qt , EnPlanned Two Family Residence `O ', EXHIBIT B Zoning Map N W-IP-E S Map prepared by City of Elgin 0 60 120 240 360 480 Department of Community Development 1.0 1011 11. Subject Property 920 S McLean Blvd Petition 09-15 Torrey Pines Dr MI tV al 3 4. a Q 0627101011 a ti m e co m tillZ IPAlta gawgrass ct EXHBIIT C Parcel Map N A City of Elgin 0 25 50 100 150 200 Department of Community Development 1 Feet SITE LOCATION EXHIBIT 920 South McLean Blvd. Petition 09-15 4 . _ 4 it t I 1 0 R^ f b 1 . ,.- r. f*" t-B is a wer,":,,i - %.. 4 '6 I hi , f: ..<,,,..?„, . A ,.„ , Subject Property r'. ■ y I.' SIMMINAlliblninnimmi 1V- �.'_ View from south McLean Blvd. looking west SITE LOCATION EXHIBIT 920 South McLean Blvd. Petition 09-15 n . rx ' - ' a ` $ 1 v . r "`.- W ..;t a .��,. �' �. .fir e View looking southwest along Torrey Pines Drive y it° f d'' 12,(4? (4.� F t A r/mss`^a) � �"/ �,, � *. ' , , ` e r View looking southeast along Torrey Pines Drive