G82-02 top, Ordinance No. G82-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR AN
ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT
(891 SOUTH RANDALL ROAD)
WHEREAS, written application has been made for a conditional
use for an accessory 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 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 for an accessory package
liquor sales establishment in the PAB Planned Area Business
District at 891 South Randall Road and legally described as
follows :
PARCEL 1 :
LOT 4 OF PLAT OF LOT 2 OF WOODBRIDGE NORTH
COMMERCIAL SUBDIVISION, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 13 , 1999 AS DOCUMENT 1999KO794433 ; AND
PARCEL 2 :
EASEMENTS FOR THE BENEFIT OF PARCEL ONE CREATED BY
THE INSTRUMENT RECORDED JUNE 16, 1999 AS DOCUMENT
1999KO59670 AND CREATED BY THE INSTRUMENT RECORDED ON
AUGUST 30, 1999 AS DOCUMENT 1999KO84251 AND AMENDED BY
DOCUMENTS 2000KO22775, 2000KO70286 AND 20011K112248 AND
CREATED BY INSTRUMENT RECORDED MARCH 15 , 1994 AS DOCUMENT
94KO22927 AND RERECORDED JUNE 14 , 1994 AS DOCUMENT
94KO48547 AND AMENDED BY DOCUMENT 1999KO59669 (PROPERTY
COMMONLY KNOWN AS 891 SOUTH RANDALL ROAD) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance submitted by Kimberly Sutter,
undated.
2 . Hours of operation limited to 8 : 00 am to
9 : 00 pm.
3 . Sale of package liquor limited to wine
associated with the sale of entrees offered by the
gourmet take-out portion of the operation.
4 . Compliance with all other 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.
00m.
Ed Schock, Mayor
Presented: November 20 , 2002
Adopted: November 20 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
'14.4014-4"-C /244 —
Dolonna Mecum, City Clerk
rft.
October 16,2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 50-02 Requesting a Conditional Use Approval for a Package
Liquor Sales Establishment Located Within the PAB Planned Area Business District;
Property Located at 891 South Randall Road, Elgin, By Kimberly Sutter (DBA Gourmet
On The Go, Inc.) as Applicant, and Randall Bowes, LLC, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PAB Planned Area Business District
Proposed Use Grocery Store and Package Liquor Sales Establishment
Property Location: 891 South Randall Road
Applicant: Kimberly Sutter
Owner: Randall Bowes, LLC
Staff Coordinator: Jennifer Becker, Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photograph (see attached)
E. Site Photographs (see attached)
rik F. Statement of Purpose and Conformance (see attached)
G. Site Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
• Petition 50-02 October 16, 2002
BACKGROUND
An application has been filed by Kimberly Sutter, DBA Gourmet On the Go, Inc.
requesting conditional use approval for a package liquor sales establishment in the PAB
Planned Area Business District. The subject property is located at 891 South Randall
Road(reference Exhibits A, B,C, D, and E).
The applicant is proposing to occupy an 800 square foot tenant space in an existing
multiple tenant building with a gourmet food shop. The proposed shop will consist of a
butcher shop, display of gourmet foods and chef's supplies and sales of pre-prepared
gourmet dinners for carry-out. The applicant is also proposing to offer bottles of wine for
sale with the carry-out dinners. The applicant plans to have no more than 30 bottles of
wine for sale at any one time. No dining will be offered on the premises (reference
Exhibits F, G, and H).
The proposed sale of packaged liquor requires conditional use approval in the PAB
Planned Area Business District.
GENERAL FINDINGS
"" After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 50-02 on October 16, 2002. The
applicant testified at the public hearing and presented documentary evidence in support of
the application. Written correspondence has been submitted. The Community
Development Group submitted a Conditional Use Review dated September 25, 2002.
The Zoning and Subdivision Hearing Board has made the following findings:
A. Zoning History Findings. The subject property was zoned as follows for the
years listed:
1927 Out of City
1950 Out of City
1962 Out of City
1992 B-3 Service Business District
Present: PAB Planned Area Business District
The subject property was annexed and zoned B-3 Service Business District, with
a special use for a commercial planned development in 1989. In 1992, the
property was reclassified to PAB Planned Area Business District as part of a
comprehensive amendment to the zoning ordinance. The existing commercial
center, which now contains Meijer's, Menards and two strip retail centers, was
approved by the City Council as a planned development in 1999. Earlier this
year, the City Council approved an amendment to the existing planned
development to allow construction of a new building on the last remaining outlot
of the commercial center. The subject tenant space is located in this building.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 50-02 October 16, 2002
B. Surrounding Land Use and Zoning Findings. The area located to the north and
east of the subject property is zoned PAB Planned Area Business District, and is
developed with the Meijer's and Menard's commercial center. Further east of the
commercial center is the Sierra Ridge townhouse subdivision, zoned PMFR
Planned Multiple Residence District. Just north of the commercial center is the
Woodbridge townhome development, also zoned PMFR Planned Multiple
Residence District.
The area located to the west of the subject property across Randall Road is in
unincorporated Kane County and is developed with a single family residence, a
church, and a veterinary clinic.
The area to the south of the site is zoned PAB Planned Area Business District.
This area is developed with a bank and a child day care center.
C. Trend of Development Findings. The subject property is suitable for the
intended zoning district with respect to consistency with an existing pattern of
development or identifiable trend within the area. The subject property is located
within the Randall Road corridor which is developing with a variety of
commercial and residential uses.
D. Zoning District Findings. The subject property is suitable for the zoning district
with respect to conformance to the provision for the purpose and intent, and the
location and size of a PAB Planned Area Business District. The proposed use in
the existing tenant space is consistent with the established trend of development in
the area.
E. 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 irregularly shaped parcel containing 2.2 acres of land
area and is located at the southwest corner of the 49 acre Woodbridge Commons
Commercial center. This existing commercial center is developed with a variety
of commercial buildings and accessory vehicle use areas. There are no natural
features on the site worthy of preservation.
F. Sewer and Water Standard. The suitability of the subject property for the
intended conditional use with respect to the availability of adequate municipal
r`" 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 50-02 October 16, 2002
rok
The subject property is served by municipal water, sanitary sewer and storm water
control services.
G. 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 northeast corner of South Randall and
Bowes Roads. Randall Road is a limited access arterial street serving the greater
Fox Valley area. Bowes Road is an arterial street serving Elgin, South Elgin, and
unincorporated areas further west.
The existing Woodbridge Commons commercial center is served by four points of
access located at Bowes Road, Randall Road, and College Green Drive. The
subject property does not obtain direct access from any public right of way, but
accesses the existing service drives provided within the commercial center.
e' Off street parking is provided in conformance with the off street parking
ordinance.
H. 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:
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Findings of Fact Zoning and Subdivision Hearing Board
' /�► Petition 50-02 October 16, 2002
A. Summary of Findings.
1. Positive Attributes. The addition of this retail and service use will blend -
well with the existing mix of uses already established in the commercial
center.
2. Location, Design, and Operation. 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.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, denial, or an approval with some combination of conditions,
there are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board hereby recommends approval of the
revocation of the existing conditional uses. On a motion to recommend approval of the
draft ordinance, the vote was six (6) yes and zero (0) no.
Therefore, the motion to recommend approval of Petition 50-02 was adopted.
fRo ert Langlois, A ing Chairman
Zoning and Subdivision Hearing Board
David Sundland, Secretary
Zoning and Subdivision Hearing Board
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