G84-06 Ordinance No. G84-06
rik AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT AND THE ARC
ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(822 Summit Street)
WHEREAS, written application has been made requesting conditional use approval for
accessory package liquor sales in the AB Area Business District and the ARC Arterial Road
Corridor Overlay District at 822 Summit Street; 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 September 21, 2005, 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 and the ARC Arterial Road
Corridor Overlay District at 822 Summit Street and legally described as follows:
Part of the Southwest quarter of Section 7, Township 41 North,
range 9, East of the Third Principal Meridian, described as follows:
Beginning at the intersection of the North line of Route 58 as
dedicated by document number 11045054, and the East line of
property conveyed in deed filed for record June 28, 1950 as
document number 14837621 in Cook County, Illinois; thence
North 1 degree 14 minutes East along the East line thereof 400.07
feet; thence North 89 degrees 15 minutes 30 seconds West, a
distance of 424.50 feet to a line 101.00 feet East of and parallel
with the West line of property conveyed in deed recorded as
document number 14837621, aforesaid; thence South 0 degrees 37
minutes West along said parallel line a distance of 100.00 feet;
thence North 89 degrees 15 minutes 30 seconds West, a distance of
101.00 feet to the West line of property conveyed in deed recorded
as document number 14837621, aforesaid; thence South 0 degrees
37 minutes West along said West line a distance of 125.00 feet to a
point 175.00 feet North of the North line of Route 58 hereinbefore
mentioned: thence South 89 degrees 15 minutes 30 seconds East a
distance of 116.00 feet; thence South 0 degrees 37 minutes West a
distance of 176.24 feet to the North line of route 58,
aforementioned; thence easterly along the North line of route 58
aforesaid, being a curve convex southerly having a radius of
19048.60 feet, for a distance of 393.20 feet to a point of tangent;
thence continuing East along said tangent, a distance of 12.00 feet
to the point of beginning, in the City of Elgin, Cook County,
Illinois (Property commonly known as 822 Summit Street).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by Kostas L. Cios, Law Offices of Stotis & Baird, no date.
2. Substantial conformance with the Floor Plan, prepared by Nicholas C. Karras
Architect, dated April 26, 2005.
3. The accessory package liquor sales establishment shall be located only in the
tenant space located at 822 Summit Street.
4. All dead, dying, or removed landscaping shall be replaced with comparable
materials in conformance with Section 19.12.700 Landscaping, prior to issuance
of an occupancy permit.
5. Repair ponding, drainage and ground cover issues at rear of building prior to
issuance of an occupancy permit.
6. The existing non conforming pole sign shall be replaced with a conforming
monument style sign prior to issuance of an occupancy permit.
7. 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: November 29, 2006
Passed: November 29, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 30, 2006
Published:
Attest:
Dolonna Mecum, City Cler
September 21, 2005
rik 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
ria- 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
I _
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
A")
G. Statement of Purpose and Conformance urp 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
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)
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Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 2 2005
G. Statement cif Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Standards for Conditional Uses (see at ached)
J. Related Correspondence (see at ached)
BACKGROUND
An application hay,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 S trees(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 grocey store
occupying les; then 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 FINDINGS
After due notice,a.s 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 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 respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The abject 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
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.
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Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
The purpose and intent of the ARC Arterial Road Corridor rp dor 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.
°al
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.
4.111)
4
Finding of Fact Zoning and Subdivision Hearing Board
ruk Petition 46-05 September 21,2005
The pu rpose 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 c f Elgin
Comps ehensive 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 unc.erlying
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
require:merts 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 propo5;ed use is a conditional use in the AB Area Business District. The site will be
brougt:t 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 Caamcteristics.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 si bject 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
risk designed to minimize traffic congestion.
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Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
Findings: The suitability of the subject property for the intended conditional use with
respect to the traffic and parking standard.
The subject property is located near the northeast 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.
Off street parking will be provided in conformance with the Zoning Ordinance.
H. Comprehensive Plan. 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 subject property is designated as"Highway Commercial"by the City's Comprehensive
Plan and Design Guidelines(2005).Areas designated Highway Commercial typically serve
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. The proposed conditional use is consistent with this designation.
Location,Design,and Operation. 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 intend of the zoning
ordinance.
The accessory package liquor sales establishment is to be located well within an existing
commercial center. The conditions for approval require a conforming freestanding sign and
require the parking lot to be restriped and improved with additional landscaping. The
applicant is not proposing any extraordinary operational conditions.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
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Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
1181)
A. Summary of Findings.
1. 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.
2. Comprehensive Plan. The subject property is designated as"Highway Commercial"
by the City's Comprehensive Plan and Design Guidelines (2005). The proposed
conditional use is compatible with this land use designation.
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.
DECISION
On a motion to recommend approval, 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
Kostas L. Cios, Law Offices of Stotis &Baird, no date.
2. Substantial conformance with the Floor Plan, prepared by Nicholas C. Karras Architect,
dated April 26, 2005.
3. The accessory package liquor sales establishment shall be located only in the tenant space
located at 822 Summit Street.
4. All dead, dying, or removed landscaping shall be replaced with comparable materials in
conformance with Section 19.12.700 Landscaping,prior to issuance of an occupancy permit.
5. Repair ponding, drainage and ground cover issues at rear of building prior to issuance of an
occupancy permit.
4")
6
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 2•
., 2005
A. Summary of Findings.
1. Zoning District. The proposed use is a conditional use in the AB Area Bhisiness
Dis Act. 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 no:apply.
2. Comprehensive Plan. The subject property is designated as"Highway Commercial"
by the City's Comprehensive Plan and Design Guidelines (2005). The proposed
conditional use is compatible with this land use designation.
B. Summary of Unresolved Issues.
There,ire 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.
DECISION
On a motion to recommend approval, 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
Kostas L. Cios, Law Offices of Stotts &Baird,no date.
2. Substantial conformance with the Floor Plan, prepared by Nicholas C. Karras Ar.hitect,
dated April 26, 2005.
3. The access Dry package liquor sales establishment shall be located only in the tenant space
locates. at ::22 Summit Street.
4. All dead, raying, or removed landscaping shall be replaced with comparable materials in
confor nan:,e with Section 19.12.700 Landscaping,prior to issuance of an occupancy permit.
5. Repair pon ding, drainage and ground cover issues at rear of building prior to issuance of an
occupancy permit.
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6
Finding of Fact Zoning and Subdivision Hearing Board
Petition 46-05 September 21, 2005
6. The existing non conforming pole sign shall be replaced with a conforming monument style
sign prior to issuance of an occupancy permit.
7. Compliance with all other codes and ordinances.
Therefore, the motion to recommend approval of Petition 46-05 was adopted.
Respectfully submitted,
/ v OS
Robert Langlois, Cha'r an v
Zoning and Subdivision Hearing Boar.
enise Momodu, Secretary
Zoning and Subdivision Hearing Board
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