G40-04 Ordinance No. G40-04
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT
(799 Summit Street)
WHEREAS, written application has been made requesting conditional use approval for
accessory package liquor sales in the AB 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, dated March 3, 2004, 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 to permit the establishment of package liquor sales
accessory to a grocery store in the AB Area Business District at 799 Summit Street and legally
described as follows:
That part of the Southwest Y of Section 7, Township 41 North, Range 9,
East of the third principal meridian, described as follows: Beginning at a point on
the south line of said southwest 1/4 that is 2327.35 feet west of the southeast corner
of said southwest 1/4; thence north 0 degrees 00 minutes 00 seconds east along the
east line of Hiawatha Drive extended southerly and also along said east line, a
distance of 434.09 feet to the southwest corner of Lot 1 of W. R. M. N. Radio Park
subdivision, a subdivision of said southwest 1/4; thence south 89 degrees 56 minutes
23 seconds east along the south line of said Lot 1, a distance of 150.07 feet
measured (150.0 feet record) to the southeast corner thereof; thence north 0 degrees
02 minutes 53 seconds east along the east line of said lot, a distance of 150.0 feet to
the south line of State Route 58; thence north 89 degrees 59 minutes 42 seconds
east 336.41 feet; thence south 0 degrees 16 minutes 24 seconds east 566.48 feet to
the south line of said southwest 1/4; thence south 87 degrees 57 minutes 10 seconds
west along said south line 489.62 feet to the point of beginning, in Cook County,
Illinois. (property commonly known as 799 Summit Street.).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and
Conformance, prepared by Linda Olszewski, dated January 6, 2004.
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2. Substantial conformance with the floor plan, prepared by Linda
Olszewski, dated January 6, 2004.
3. Compliance with all other 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.
Ed Schock, Mayor
Presented: April 14, 2004
Passed: April 14, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: April 15, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
March 3, 2004
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 06-04 Requesting Conditional Use Approval for Accessory Package Liquor
Sales in the AB Area Business District; Property Located at 799 Summit Street; by Aldi, Inc., as
Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Grocery Store
Property Location: 799 Summit Street
Applicant/Owner: Aldi, Inc.
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Draft Conditional Use Ordinance (see attached)
H. Correspondence (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
"- Petition 06-04 March 3, 2004
BACKGROUND
An application has been filed by Aldi Inc.,requesting conditional use approval for accessory package
liquor sales in the AB Area Business District. The subject property is located at 799 Summit Street
(see exhibits A,B, C,D, and E).
The applicant's store is located in a shopping center near the southeast corner of Summit Street and
Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing grocery store.
The proposed use of accessory package liquor sales requires conditional use approval in the AB
District(see exhibits F, G, and II).
•FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 06-04 on March 3, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Public testimony was
presented at the public hearing. Written correspondence has been submitted(reference Exhibit H).
Staff submitted a Conditional Use Review dated February 24, 2004.
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The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927: Out
1950: Out
1960: Out
1962: Out
1963: Property was annexed and zoned B-3 Service Business District
1992: AB Area Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The Aldi grocery store is considered a permitted use in the AB Area Business District.
B. Surrounding Land Use and Zoning Findings. The subject property is located near the
southeast corner of Summit Street and Hiawatha Drive.
The areas located to the north and east of the subject property are zoned AB Area Business
District, and have developed with commercial uses.
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•
Findings of Fact Zoning and Subdivision Hearing Board
t Petition 06-04 March 3, 2004
The areas located to the west and south of the subject property are zoned CF Community
Facility District. The area is developed with baseball fields and the Lord's Park regional
recreational facility.
C. Trend of Development Findings. The subject property is located at the southeast corner of
Summit Street and Hiawatha Drive. The area has developed with a mix of commercial and
community facility uses.
D. Zoning District Findings: The purpose of the AB Area Business District is to provide
commodities and services to several neighborhoods,and,in some instances,to a community
wide 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 CCI Center City District.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located. As no building additions are contemplated as part of
this conditional use approval request, the requirements of the ARC District do not apply.
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 contains approximately 5.9 acres. The property is improved with a
commercial building which contains approximately 16,000 square feet of floor area.
F. 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, sanitary sewer and storm water
control services.
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Findings of Fact Zoning and Subdivision Hearing Board
en." Petition 06-04 March 3, 2004
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 near the southeast corner of Summit Street and Hiawatha
Drive. Summit Street serves as a regional arterial street serving the east side of Elgin.
Hiawatha Drive is a collector street which primarily serves the residential and community
facility uses between Summit Street and Congdon Avenue.
The applicant proposes utilizing less than 10 percent of the existing retail floor space for the
package liquor sales area. As no floor area is being added to the Aldi, per the Zoning
Ordinance,no additional off street parking stalls are required. Off street parking is currently
provided in conformance with the Zoning 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.
Ideally, accessory package liquor sales establishments should be located well within an
existing commercial center in order to limit any potential detrimental effects on the
surrounding area. While community facility land uses are located within close proximity to
the subject property, the limited scope of the proposed land use should help to limit the
possibility of any detrimental effects on the surrounding area.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-04 March 3, 2004
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes. The subject property is located in the AB Area Business District.
Approval of the proposed package liquor sales conditional use will allow the property owner
to offer for sale package beer and wine. No other establishments in the shopping center
currently sell liquor. The proposed use will fill a need for liquor sales in that area.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 06-04. 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 Statement of Purpose and Conformance,prepared by Linda
Olszewski, dated January 6, 2004.
2. Substantial conformance with the floor plan,prepared by Linda Olszewski,dated January 6,
2004.
3. Compliance with all other codes and ordinances.
Therefore,the motion to recommend approval of Petition 06-04 was adopted.
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,
Findings of Fact Zoning and Subdivision Hearing Board
be' Petition 06-04 March 3, 2004
Respectfully submitted:
A1 wit
Robert Langlois, 'hairm.-
Zoning and Subdivision Hearing Board
()Y
Lauren Pruss, Secretary
Zoning and Subdivision Hearing Board
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