G76-06 (3) September 21, 2005
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 46-05 Requesting Conditional Use Approval for Accessory Package Liquor
Sales in the AB Area Business District; Property Located at 822 Summit Street; by Elgin Fruit
Market, Ltd., as Applicant and Albany Bank&Trust Company, as Trustee under Trust Agreement
dated February 21, 1997 and known as Trust# 11-5290, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Grocery Store
Proposed Use: Grocery Store &Accessory Package Liquor Sales
Property Location: 822 Summit Street
Applicant: Elgin Fruit Market, Ltd.
Owner: Albany Bank &Trust Company, Trust# 11-5290
Staff Coordinator: Denise Momodu, 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. Environmental Map (see attached)
F. Site Photos EXHIBIT (see attached
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
411)
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Elgin Fruit Market, Ltd., requesting conditional use approval for
accessory package liquor sales in the AB Area Business District. The subject property is located at
822 Summit Street (see exhibits A, B, C, D, E, and F).
The applicant's store is located in a shopping center near the northeast corner of Summit Street and
Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing grocery store
occupying less than a hundred square feet of the total floor area. The proposed use of accessory
package liquor sales requires conditional use approval in the AB District(see exhibits G,H,I and J).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 46-05 on September 21, 2005. The applicant testified at the
public hearing and presented documentary evidence in support of the applicant.No objectors spoke
at the public hearing. Written correspondence has been submitted (reference Exhibit J). The
Community Development submitted a Conditional Use Review dated September 16, 2005.
The Zoning and Subdivision Hearing Board has made the following findings.
A. Zoning History.The suitability of the subject property for the intended zoning district with
respect to the length of time the property has remained undeveloped or unused in the current
zoning district.
Findings: The subject property is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property was zoned as follows for the years listed:
1927: Outside of City Limits
1950: Outside of City Limits
1960: Outside of City Limits
2
Finding of Fact Zoning and Subdivision Hearing Board
rik Petition 46-05 September 2'., 2005
G. Statement of Purpose and Conformance (see at ached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
J. Related Correspondence (see at:ached)
BACKGROUND
An application ha.been filed by Elgin Fruit Market, Ltd.,requesting conditional use approval for
accessory package liquor sales in the AB Area Business District. The subject property is located at
822 Summit Street:(see exhibits A, B, C, D, E, and F).
The applicant's store is located in a shopping center near the northeast corner of Summit Street and
Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing grocery store
occupying les 3 thin a hundred square feet of the total floor area. The proposed use of ac,.essory
package liquor sales requires conditional use approval in the AB District(see exhibits G,H, and J).
GENERAL FINDINGS
After due noti,;e,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 46-05 on September 21, 2005. The applicant testified at the
public hearing and presented documentary evidence in support of the applicant.No objectors spoke
at the public hearing. Written correspondence has been submitted (reference Exhibit .1). The
• Community E evelopment submitted a Conditional Use Review dated September 16, 2005.
The Zoning and Subdivision Hearing Board has made the following findings.
A. Zoning History.The suitability of the subject property for the intended zoning distract with
respect to the length of time the property has remained undeveloped or unused in the current
zoning;district.
Findii►gs: The subject property is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property was zoned as follows for the years listed:
1927: Outside of City Limits
1950: Outside of City Limits
1960: Outside of City Limits
2
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
teak
1961: Outside of City Limits
1962: B4 General Service District
1992: B4 General Service District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The Elgin Fruit Market grocery store is a permitted use in the AB Area Business District.
B. Surrounding Land Use and Zoning. The suitability of the subject property for the intended
zoning district with respect to consistency and compatibility with surrounding land use and
zoning.
Findings: The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas located to the north, south and east of the subject property are zoned AB Area
Business District, and have developed with commercial uses.
The areas located to the west and southwest 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. The suitability of the subject property for the intended zoning
district with respect to consistency with an existing pattern of development or an identifiable
trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to
consistency with an existing pattern of development or an identifiable trend of development
in the area.
The area has developed with a mix of commercial and community facility uses.
D. Zoning District. The suitability of the subject property for the intended conditional use with
respect to conformance to the provisions for the purpose and intend,and the location and size
of a zoning district.
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
CC1 Center City District.
rik
3
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
41)
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 or exterior building
modifications are contemplated as part of this conditional use approval request, the
requirements of the ARC District do not apply.
Findings: The subject property is suitable for the intended conditional use with respect to
conformance to the provisions for the purpose and intent, and the location and size of a
zoning district.
The proposed use is a conditional use in the AB Area Business District. The site will be
brought into conformance with landscaping and sign ordinance requirements as part of the
planned development process.As no building additions or exterior building modifications are
contemplated as part of this conditional use approval request, the requirements of the ARC
District do not apply.
E. Site Characteristics.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.
411111)
Findings: The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property contains approximately 3.9 acres. The property is improved with a
commercial building which contains approximately 50,000 square feet of floor area. Elgin
Fruit Market occupies approximately 29,800 square feet of the total building floor area.
F. Sewer and Water. The suitability of the subject property for the intended conditional use
with respect to the availability of adequate 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.
G. Traffic and Parking. The suitability 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.
'at')
4
September 21, 2005
rub' FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 46-05 Requesting Conditional Use Approval for Accessory Package Liquor
Sales in the AB Area Business District; Property Located at 822 Summit Street; by Elgin Fruit
Market,Ltd., as Applicant and Albany Bank&Trust Company, as Trustee under Trust Agreement
dated February 21, 1997 and known as Trust# 11-5290, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Grocery Store
Proposed Use: Grocery Store &Accessory Package Liquor Sales
Property Location: 822 Summit Street
Applicant: Elgin Fruit Market, Ltd.
Owner: Albany Bank & Trust Company, Trust# 11-5290
Staff Coordinator: Denise Momodu, 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)
ei.., E. Environmental Map (see attached)
F. Site Photos EXHIBIT ! (see attached
I _
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
G. Statement of Purpose and Conformance ormance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Elgin Fruit Market, Ltd., requesting conditional use approval for
accessory package liquor sales in the AB Area Business District. The subject property is located at
822 Summit Street(see exhibits A, B, C, D, E, and F).
The applicant's store is located in a shopping center near the northeast corner of Summit Street and
Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing grocery store
occupying less than a hundred square feet of the total floor area. The proposed use of accessory
package liquor sales requires conditional use approval in the AB District(see exhibits G,H,I and J).
GENERAL FINDINGS 4.11)
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 46-05 on September 21, 2005. The applicant testified at the
public hearing and presented documentary evidence in support of the applicant.No objectors spoke
at the public hearing. Written correspondence has been submitted (reference Exhibit J). The
Community Development submitted a Conditional Use Review dated September 16, 2005.
The Zoning and Subdivision Hearing Board has made the following findings.
A. Zoning History.The suitability of the subject property for the intended zoning district with
respect to the length of time the property has remained undeveloped or unused in the current
zoning district.
Findings: The subject property is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The subject property was zoned as follows for the years listed:
1927: Outside of City Limits
1950: Outside of City Limits
1960: Outside of City Limits
41111)
2
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 2'., 2005
G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see attached)
J. Related Correspondence (see at:ached)
BACKGROLND
An application has been filed by Elgin Fruit Market, Ltd., requesting conditional use approval for
accessory package liquor sales in the AB Area Business District. The subject property is located at
822 Summit Street(see exhibits A,B, C, D, E, and F).
The applicant's store is located in a shopping center near the northeast corner of Summit Street and
Hiawatha Drive. The applicant is proposing to sell beer and wine within the existing gooey store
occupying les 3 than a hundred square feet of the total floor area. The proposed use of ac,.essory
package liquor•sal•,:s requires conditional use approval in the AB District(see exhibits G,H, and J).
GENERAL IINIIINGS
After due noti,;e,a.s required by law,the Zoning and Subdivision Hearing Board conducted fl public
hearing in consideration of Petition 46-05 on September 21, 2005. The applicant testified at the
public hearing and presented documentary evidence in support of the applicant.No objectors spoke
at the public hearing. Written correspondence has been submitted (reference Exhibit .l). The
• Community Development submitted a Conditional Use Review dated September 16, 2005.
The Zoning and Subdivision Hearing Board has made the following findings.
A. Zoning History.The suitability of the subject property for the intended zoning distract with
respect to the length of time the property has remained undeveloped or unused in the current
zoninl;district.
Findings: The subject property is suitable for the intended zoning district with respe t to the
length of time the property has remained undeveloped or unused in its current zoning district.
The si_bject property was zoned as follows for the years listed:
1927: Outside of City Limits
1950: Outside of City Limits
1960: Outside of City Limits
2
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
1961: Outside of City Limits
1962: B4 General Service District
1992: B4 General Service District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The Elgin Fruit Market grocery store is a permitted use in the AB Area Business District.
B. Surrounding Land Use and Zoning. The suitability of the subject property for the intended
zoning district with respect to consistency and compatibility with surrounding land use and
zoning.
Findings: The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The areas located to the north, south and east of the subject property are zoned AB Area
Business District, and have developed with commercial uses.
The areas located to the west and southwest of the subject property are zoned CF Community
Facility District. The area is developed with baseball fields and the Lord's Park regional
ruk recreational facility.
C. Trend of Development. The suitability of the subject property for the intended zoning
district with respect to consistency with an existing pattern of development or an identifiable
trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to
consistency with an existing pattern of development or an identifiable trend of development
in the area.
The area has developed with a mix of commercial and community facility uses.
D. Zoning District. The suitability of the subject property for the intended conditional use with
respect to conformance to the provisions for the purpose and intend,and the location and size
of a zoning district.
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
CC1 Center City District.
3
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
4111)
The purpose and intent of the ARC
p rp 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 or exterior building
modifications are contemplated as part of this conditional use approval request, the
requirements of the ARC District do not apply.
Findings: The subject property is suitable for the intended conditional use with respect to
conformance to the provisions for the purpose and intent, and the location and size of a
zoning district.
The proposed use is a conditional use in the AB Area Business District. The site will be
brought into conformance with landscaping and sign ordinance requirements as part of the
planned development process.As no building additions or exterior building modifications are
contemplated as part of this conditional use approval request, the requirements of the ARC
District do not apply.
E. Site Characteristics.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 3.9 acres. The property is improved with a
commercial building which contains approximately 50,000 square feet of floor area. Elgin
Fruit Market occupies approximately 29,800 square feet of the total building floor area.
F. Sewer and Water. The suitability of the subject property for the intended conditional use
with respect to the availability of adequate 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.
G. Traffic and Parking. The suitability 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.
4