G3-11 Ordinance No. G3-11
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(600 Villa Street)
WHEREAS, written application has been made requesting conditional use approval for
accessory package liquor sales in the PNB Planned Neighborhood 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 PNB Planned Neighborhood Business District at 600 Villa Street legally
described as follows:
LOT 1 IN VILLA LIBERTY CORNER SUBDIVISION, ACCORDING TO THE
PLAT RECORDED AS DOCUMENT NUMBER 2006K-127348, AS
AMENDED BY CERTIFICATE OF CORRECTION RECORDED AS
DOCUMENT NUMBER 2007K-014884, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS (Property commonly known as 600 Villa Street).
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
D1), 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 600 Villa Street.
4. 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.
E Schoc , ayor
Presented: January 12, 2011 ;� ( F`F4`'"'
Passed: January 12, 2011 r G au �2
Omnibus Vote: Yeas: 7 Nays: 0 : :=
Recorded: January 12 2011 ��ot,�,
Published: "sir Oro, ao '
Attest. ..&b E D.
Diane Robertson, City Clerk
December 1, 2010
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 29-10 Requesting a Conditional Use in the PNB Planned
Neighborhood Business District, to Permit Accessory Package Liquor Sales; Property Located at
600 Villa Street; by Walgreen Company, as Applicant, and Alnilam LLC, as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PNB Planned Neighborhood Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Drug Store
Proposed Use: Drug Store & Accessory Package Liquor Sales
Property Location: 600 Villa Street
Applicant: Walgreen Company
Owners: Alnilam 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 Map (see attached)
F. Site Photos (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
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 PNB Planned Neighborhood Business District. The subject
property is located at 600 Villa Street (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 this
PNB Planned Neighborhood 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 29-10 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: "A"Residential District, and "B"Residential District
1950: "C" Residential District
1960: "C" Residential District
1961: "C"Residential District
1962: R-4 General Residence District
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
1992: R-4 General Residence District
1992: CF Community Facility District
Present: PNB Planned Neighborhood Business District
ARC Arterial Road Corridor Overlay District
The subject property was zoned for residential since 1927. In 1992, it was zoned CF
Community Facility District as part of the comprehensive amendment to the zoning
ordinance, to reflect the residential care facility land use on the property. In 2005, it was
rezoned to PNB Planned Neighborhood Business District to allow for the construction of
the existing Walgreens drug store. The drug store is a permitted use in this planned
development district.
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 area to the immediate north of the subject property is zoned CF Community Facility
District and has developed with residential uses.
The areas to the northeast, east, and west of the subject property are zoned RC3
Residence Conservation District and have developed with residential uses.
The areas to the south and southeast of the subject property are zoned NB Neighborhood
Business District, and has developed with commercial and residential 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 subject property is located at the edge of a mature residential neighborhood, at the
intersection of two arterial roads. The two southern corners of the intersection have
developed with neighborhood scale 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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
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 NB Neighborhood Business District is to provide for commercial areas
supplying daily convenience commodities and services to a neighborhood population. The
scale of development of a NB zoning district is limited by the applicable site design
regulations due to its function and resulting close proximity to residences.
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.
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 1.43 acres of land
area. The property is improved with a one story commercial building containing 13,650
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
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 northeast corner of Liberty Street and Villa Street.
Villa Street and Liberty Street are arterial roads serving the east side of Elgin.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
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: 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 29-10. 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 D1),
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 600 Villa Street.
4. Compliance with all other codes and ordinances.
Therefore, the motion to recommend approval of Petition 29-10 was adopted.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 29-10 December 1, 2010
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s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/ Dave Waden
Dave Waden, Secretary
Zoning and Subdivision Hearing Board
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