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G37-07 r Ordinance No. G37-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (1015 North Randall Road) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment 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 July 5, 2007, 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 a package liquor sales establishment in the AB Area Business District at 1015 North Randall Road and legally described as follows: The Southerly 194.50 feet of Lot 573, as measured along the Easterly Line thereof, the Southerly 194.50 feet of Lots 574 through 577, inclusive, and the Southerly 194.50 feet of the Westerly 18.30 feet of Lot 578, also part of Lots 569 thorough 572, inclusive, described as follows: beginning at the Southeast corner of Lot 572; thence North 69 degrees 26 minutes 25 seconds West, along the Southerly line of said Lot 572, a distance of 234.00 feet to a line that is parallel with the Easterly line of Lots 570 through 572, inclusive, thence North 20 degrees 33 minutes 35 seconds East, a distance of 158.50 feet to a line that is 17.20 feet, measured at right angles, Southerly and parallel with the Northerly line of said Lot 570; thence South 69 degrees 26 minutes 25 seconds East, along said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the Easterly line of said Lot 570; thence North 20 degrees 33 minutes 35 seconds East, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured at right angles, Northerly and parallel with said northerly line of Lot 570; thence South 69 degrees 26 minutes 25 seconds East, along said parallel line, a distance of 130.13 feet to the Easterly line of said Lot 569; thence South 20 degrees 33 minutes 35 seconds West, along said Easterly line of Lots 569 through 572, a distance of 177.00 feet to the point of beginning, containing 93,138.50 S.F. more or less, all being in Valley Creek Unit No. 15, being a resubdivision of Lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1015 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by William Chesbrough, dated received February 24, 2007. 2. Substantial conformance to the Building Elevation Plan and Floor Plan, prepared by John Y. Kim &Associates, Inc., dated January 24, 2007. 3. Substantial conformance to the Landscape Plan, prepared by All Seasons Landscape, Inc., dated received June 12, 2007. 4. The vehicle use area should be repaired, seal coated and striped prior to the issuance of an occupancy permit. 5. The refuse collection area must meet the requirements of the Elgin Municipal Code prior to the issuance of an occupancy permit. 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all 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. d Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: Diane Robertson, City rk June 20,2007 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 30-07 Requesting a Conditional Use in the AB Area Business District,to Permit a Package Liquor Sales Establishment;Property located at 1015 North Randall Road by Joo International Inc., as Applicant, and James and Aesoon Hong, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval AB Area Business District Current Zoning: ARC Arterial Road Corridor Overlay District Existing Use: Vacant Commercial Property Location: 1015 North Randall Road Applicant: Joo International Inc. Owner: James and Aesoon Hong Staff Coordinator: Lydia Treganza, 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 Photo (see attached) F. Site Photos =` (see attached) , off . ,b ll Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 + G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) BACKGROUND An application has been filed by James and Aesoon Hong, requesting a conditional use in the AB Area Business District to permit a package liquor sales establishment. The property is located at 1015 North Randall Road (reference Exhibits A, B, C, D, and E). The applicant is requesting to open a package liquor sales establishment within the shopping center at the northeast corner of North Randall Road and Royal Boulevard. The proposed store will be located in the vacant tenant space north of the Walmart store. The applicant needs conditional use approval for this land use to be allowed in the AB District. The purpose and intent of the provisions for conditional use approval is to recognize that there are certain uses which cannot be properly classified without individual review and consideration (reference Exhibits F, G, and H.). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 30-07 on June 20, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated June 11, 2007. The Zoning and Subdivision Hearing Board has made the following general findings: A. 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 comprised of 93,138.50 square feet of land,located within a 34 acre commercial subdivision and zoning lot(Valley Creek Unit 14). The commercial subdivision is developed with three large-sized commercial buildings,a small retail/commercial building on an outlot,customer and service access drives,and off-street parking. The proposed liquor sales establishment will occupy a 3,000 square foot vacant tenant space within the second 2 June 20, 2007 rimb FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 30-07 Requesting a Conditional Use in the AB Area Business District,to Permit a Package Liquor Sales Establishment;Property located at 1015 North Randall Road by Joo International Inc., as Applicant, and James and Aesoon Hong, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval AB Area Business District Current Zoning: ARC Arterial Road Corridor Overlay District rik. Existing Use: Vacant Commercial Property Location: 1015 North Randall Road Applicant: Joo International Inc. Owner: James and Aesoon Hong Staff Coordinator: Lydia Treganza, 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 Photo (see attached) F. Site Photos (see attached) • Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 (center)large-sized commercial building located in this subdivision. B. 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. C. 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. elk The subject property is part of Unit 14 of Valley Creek Subdivision. The tenant space location is within a shopping center bounded by Randall Road, Royal Boulevard, and Fletcher Drive., Randall Road is a limited access arterial street, Royal Boulevard is a collector street,and Fletcher Drive is a local street. Access to the subdivision unit is limited to Royal Boulevard and Fletcher Drive. Off street parking will be provided in conformance with the off street parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City teak 1992: B3 Service Business District Present: AB Area Business District ARC Arterial Road Corridor Overlay District 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 41) The subject property was annexed and zoned B3 Service Business District in 1978. The subject property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance in 1992. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The area north of the subject is zoned AB Area Business District and is developed with a retail business and a beauty culture school (The Salon Professional Academy). A restaurant is located northwest of the subject property. The area located further north of the subject property is zoned PRC Planned Residence Conservation District and is developed with townhomes (Millcreek). The areas to the south, east, and west of the subject property are zoned AB Area Business District. These areas are developed with commercial service,business and retail uses. The Harvest Bible Church campus, zoned PCF Planned Community Facility, is located further west of the property. The package liquor sales establishment is in keeping with the land uses and zoning designation that exists in the area that surrounds it. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to its 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 the trend of development standard. The subject property is located within a commercial area that offers business services and retail uses. G. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped o unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning '4") 4 Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 (center) large-sized commercial building located in this subdivision. B. 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. C. 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 part of Unit 14 of Valley Creek Subdivision. The tenant space location is within a shopping center bounded by Randall Road, Royal Boulevard, and Fletcher Drive. Randall Road is a limited access arterial street, Royal Boulevard is a collector street,and Fletcher Drive is a local street. Access to the subdivision unit is limited to Royal Boulevard and Fletcher Drive. Off street parking will be provided in conformance with the off street parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: Out of City 1962: Out of City 1992: B3 Service Business District Present: AB Area Business District rhs ARC Arterial Road Corridor Overlay District ` 3 • Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 district. The purpose of the AB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide 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. The proposed business will provide package liquor for sale to the immediate residential subdivisions surrounding it that currently do not have a store offering liquor sales. H. Comprehensive Plan Standard. 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 dated 2005. Areas designated Highway Commercial typically serve surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include commercial uses to meet the daily"convenience"goods and service needs of residents in immediately adjacent neighborhoods. In addition,they typically include highway-serving uses. These commercial areas are generally auto dominated. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board e... Petition 30-07 June 20, 2007 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. Conditional use approval is required to establish a package liquor sales business in the AB Area Business District. Approval of the requested conditional use to establish the proposed liquor store at 1015 North Randall Road will allow the applicant to offer package liquor for sale in an area that currently does not have a store offering this to the residents in the immediately adjacent neighborhoods. 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 The Zoning and Subdivision Hearing Board recommends the approval of Petition 30-07. On a motion to recommend approval of the conditional use, subject to the following conditions,the vote was four(4) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,submitted by William Chesbrough, dated received February 24, 2007. 2. Substantial conformance to the Building Elevation Plan and Floor Plan,prepared by John Y. Kim &Associates, Inc., dated January 24, 2007. 3. Substantial conformance to the Landscape Plan,prepared by All Seasons Landscape, Inc., dated received June 12, 2007. 4. The vehicle use area should be repaired, seal coated and striped. 5. The refuse collection area must meet the requirements of the Elgin Municipal Code. 'du) 6 • Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 district. The purpose of the AB Area Business district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide 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. The proposed business will provide package liquor for sale to the immediate residential subdivisions surrounding it that currently do not have a store offering liquor sales. H. Comprehensive Plan Standard. 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 dated 2005. Areas designated Highway Commercial typically serve surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include commercial uses to meet the daily"convenience"goods and service needs of residents in immediately adjacent neighborhoods. In addition,they typically include highway-serving uses. These commercial areas are generally auto dominated. The proposed land use is in keeping with the objectives and policies of this comprehensive plan designation. 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. 5 Findings of Fact Zoning and Subdivision Hearing Board Petition 30-07 June 20, 2007 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Daniel Weiler, Chairman Pro Te Zoning and Subdivision Hearing Board ("1"' Sarosh Saher, Secretary Zoning and Subdivision Hearing Board 7