G58-07 •
Ordinance No. G58-07
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES
ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT
(136 Tyler Creek Plaza 2)
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 September 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.
elk Section 2. That a conditional use to permit the establishment of a package liquor
sales establishment in the AB Area Business District at 136 Tyler Creek Plaza 2 and legally
described as follows:
Lots 2, 3, and 4 in Tyler Creek Plaza Phase 2 Subdivision, Except that Part of
Lots 2 and 3 in Tyler Creek Plaza Phase 2 Subdivision, Lying in Section3,
Township 41 North, Range 8, East of The Third Principal Meridian Described As
Follows:
Beginning at the Southwest Corner of Said Lot 3 and Running Thence North 00
Degrees 53 Minutes 19 Seconds West Along the West Lint of Said Lot 3 and Said
Lot 2, a Distance of 120.00 Feet; Thence North 89 Degrees 59 Minutes 18 Seconds
East, Parallel to the South Line of Said Lot 3, a Distance of 150.00 Feet to the East
Line of Said Lot 2; Thence South 00 Degrees 53 Minutes 19 Seconds East Parallel
to the West Line of Said Lots 2 and 3, a Distance of 120.00 Feet To The South
Line of Said Lot 3; Thence South 89 Degrees 59 Minutes 18 Seconds West, a
Distance of 150.00 Feet to the Place of Beginning), All in the City of Elgin, Kane
County, Illinois (Property Commonly Known as 136 Tyler Creek Plaza 2).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted with letter signed by Andy Patel, President of Durga, Inc., and d/b/a
Mr. A's Wine& Liquor Bin, dated received July 29, 2007.
r2. Substantial conformance to the Floor Plan, submitted by Andy Patel, President of
Durga, Inc., and d/b/a Mr. A's Wine & Liquor Bin dated August 1, 2007.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
4. 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.
. .—. 2_, areZ___,-
Ed Schock, Mayor
Presented: October 10, 2007
Passed: October 10, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: October 11, 2007
Published:
Attest:
Diane Robertson, City erk
r
September 5, 2007
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 55-07 Requesting a Conditional Use in the AB Area Business District,to
Permit a Package Liquor Sales Establishment;Property Located at 136 Tyler Creek Plaza II by Durga
Inc., d/b/a Mr. A's Wine and Liquor Bin, as Applicant, and 401 S. Carlton LLC., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
Existing Use: Vacant Commercial Tenant Space
Property Location: 136 Tyler Creek Plaza 2
rApplicant: Durga Inc. d/b/a Mr. A's Wine and Liquor Bin
Owner: 401 South Carlton LLC
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 Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
EXHIBIT A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-07 September 5, 2007
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Durga Inc., d/b/a Mr. A's Wine and Liquor Bin requesting
conditional use approval in the AB Area Business District, to permit a package liquor sales
establishment. The property is located at 136 Tyler Creek Plaza II(reference Exhibits A, B, C,D,
and E).
The applicant is requesting to open a package liquor sales establishment within the shopping center
known as Tyler Creek Plaza II. 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 55-07 on September 5,2007. 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 August
30, 2007.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. 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: Outside City Limits
1950: Outside City Limits
1960: Outside City Limits
1962: Outside City Limits
1992: B3 Service Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-07 September 5, 2007
The subject property was annexed and zoned B3 Service Business District in 1966 as part of
the Century Oaks development. The subject property was rezoned to AB Area Business
District as part of the comprehensive amendment to the zoning ordinance in 1992.
B. 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 areas to the north, south,southeast, and west of the subject property are zoned AB Area
Business District. These areas are developed with commercial service, business and retail
uses.
The areas further north and northeast are zoned PMFR Planned Multiple Family Residence
and will be developed with the recently approved Woods of Elgin town home development.
The area the east of the subject property is zoned PRC Planned Residence Conservation
District and is developed with the Hunter Ridge apartments.
ribk
The package liquor sales establishment is in keeping with the land uses and zoning
designation that exists in the area that surrounds it.
C. 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.
D. 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 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.
The purpose of the AB Area Business district is to provide commodities and services to
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 55-07 September 5, 2007
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.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
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.
emb. The subject property is comprised of a 14 acre commercial subdivision and zoning lot
commonly known as Tyler Creek Plaza I and II. The Tyler Creek Plaza II commercial
subdivision is developed with commercial buildings and off-street parking. The proposed
liquor sales establishment will occupy a 2,500 square foot vacant tenant space within the
large size 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.
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•
Findings of Fact Zoning and Subdivision Hearing Board
�.. Petition 55-07 September 5, 2007
The tenant space location is within a shopping center bounded by North McLean Boulevard
to the west and Big Timber Road to the south. McLean Boulevard is an arterial street serving
the west side of Elgin. Big Timber Road is an arterial street which serves northwestern Elgin
and unincorporated Kane County to the west.
Off street parking will be provided in conformance with the off street parking ordinance.
D. 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
serves 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
rh 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.
E. 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:
r
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• Findings of Fact Zoning and Subdivision Hearing Board
.,, Petition 55-07 September 5, 2007
A. Summary of Findings.
Positive Attributes: Approval of the requested conditional use to establish the proposed
liquor store at 136 Tyler Creek Plaza II 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 55-07. 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, submitted with
letter signed by Andy Patel,President of Durga,Inc., and d/b/a Mr. A's Wine&Liquor Bin,
dated received July 29, 2007.
2. Substantial conformance to the Floor Plan, submitted by Andy Patel, President of Durga,
Inc., and d/b/a Mr. A's Wine &Liquor Bin, dated August 1, 2007.
3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
4. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval was adopted.
Respectfully Submitted,
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