G02-11 AN ORDINANCE Ordinance No. G2-11
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GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT
(1700 Larkin Avenue)
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 December 1, 2010, 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 accessory package
liquor sales in the AB Area Business District at 1700 Larkin Avenue legally described as
follows:
LOT 1 AND LOT 2 OF LARKIN-WEST PROFESSIONAL PARK, INC., IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (Property commonly
known as 1700 Larkin Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted with the development applicant, prepared by Danielle Meltzer Cassel,
Vedder Price P.C., dated received October 27, 2010.
2. Substantial conformance with the Site Plan (Sheet A0.1) the Floor Plan (Sheet
DI), prepared by Walgreens Facilities, Design, & Engineering, dated received
October 27, 2010.
3. The accessory package liquor sales establishment shall be located only within the
commercial space located at 1700 Larkin Avenue.
4. Compliance with all other codes and ordinances.
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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: January 12, 2011
Passed: January 12, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 12, 2011
Published: `
Attest.
Diane Robertson; City Jerk
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December 1, 2010
• FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 28-10 Requesting a Conditional Use in the AB Area Business District,
to Permit Accessory Package Liquor Sales; Property Located at 1700 Larkin Avenue; by
Walgreen Company, as Applicant, and LRC 10`h Investors, LTD, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Drug Store
Proposed Use: Drug Store & Accessory Package Liquor Sales
• Property Location: 1700 Larkin Avenue
Applicant: Walgreen Company
Owners: LRC 10`h Investors, LTD
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 (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1, 2010
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G. Statement of Purpose and Conformance (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Walgreen Company, requesting a conditional use to permit
accessory package liquor sales in the AB Area Business District. The subject property is located
at 1700 Larkin Avenue (see exhibits A, B, C, D, E, and F).
The applicant is proposing to sell beer and wine within the existing store operating under the
trade name Walgreens. The proposed accessory package liquor sales will occupy less than 10
percent of the total floor area. Accessory package liquor sales are conditional uses within the
AB Area Business District, and require a public hearing and City Council approval (see exhibits
G, H and I).
• GENERAL FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a
public hearing in consideration of Petition 28-10 on December 1, 2010. Testimony was
presented at the public hearing in support of the application. No objectors were present. The
Community Development Group submitted a Conditional Use Review dated November 24,
2010.
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.
The subject property was zoned as follows for the years listed:
1927: Out of City
1950: Out of City
1960: Out of City
1961: Out of City
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1, 2010
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1962: B-') Service Business District
1992: B-3 Services Business District
Present: AB Area Business District
ARC Arterial Road Corridor Overlay District
The subject property was annexed into the City of Elgin in 1962, and zoned B3 Service
Business District. The property was zoned AB Area Business District as part of the
comprehensive amendment to the zoning ordinance.
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, east, and west of the subject property are zoned AB Area
Business District, and have developed with commercial uses.
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 area has developed with a mix of commercial 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
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 CC 1 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
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1, 2010
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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.
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.
The subject property is an irregularly shaped zoning lot containing 1.37 acres of land
area. The property is improved with a one story commercial building containing 14,490
square feet of floor area and related accessory off street parking. There are no natural
• features on the site that are worthy of preservation.
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 located at the northwest corner of Larkin Avenue and Lyle
Avenue, with frontage along Grandstand Place. Larkin Avenue is an arterial road serving
the west side of Elgin. Lyle Avenue is a collector and Grandstand Place is a local street
serving the surrounding neighborhood.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1. 2010
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The applicant proposes to utilize less than 10 percent of the existing retail floor space for
the accessory package liquor sales area. Since no floor area is being added to the
Walgreens store, no additional off street parking stalls are required.
Off street parking is currently provided in conformance with the Zoning 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 "Highway Commercial" by the City's Comprehensive
Plan and Design Guidelines dated 2005. Areas designated Highway Commercial Areas
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 in conformance with this 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:
i
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1, 2010
A. Summary of Findings.
Positive Attributes: Approval of the proposed conditional use for accessory package
liquor sales will allow Walgreens to offer packaged beer and wine to its customers. The
proposed accessory package liquor sales will be located within the existing commercial
building, occupying less than 10% of the total floor area, thus limiting any potential
detrimental effects on the surrounding 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.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 28-10. On a
• motion to recommend approval of the conditional use, subject to the following conditions, the
vote was five (5) yes, and one (1) no:
1. Substantial conformance with the Statement of Purpose and Conformance, submitted
with the development applicant, prepared by Danielle Meltzer Cassel, Vedder Price P.C.,
dated received October 27, 2010.
2. Substantial conformance with the Site Plan (Sheet A0.1) and the Floor Plan (Sheet Dl),
prepared by Walgreens Facilities, Design, & Engineering, dated received October 27,
2010.
3. The accessory package liquor sales establishment shall be located only within the
commercial space located at 1700 Larkin Avenue.
4. Compliance with all other codes and ordinances.
Therefore, the motion to recommend approval of Petition 28-10 was adopted.
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 28-10 December 1, 2010
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s/ Dave Waden
Dave Waden, Secretary
Zoning and Subdivision Hearing Board
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