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G39-12 Ordinance No. G39-12 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT (300 South Randall Road) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the AB Area Business District: and WHEREAS, the Planning & Zoning Commission 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 Planning & Zoning Commission. 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 June 4 2012, made by the Planning & Zoning Commission, 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 300 South Randall Road legally described as follows: Being a subdivision of Part of the Southwest Quarter of Section 16, Part of the Southeast Quarter of Section 17, Part of the Northeast Quarter of Section 20 and Part of the Northwest Quarter of Section 21. All in Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Illinois. (Property commonly known as 300 South Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Target Corporation, dated received April 16, 2012. . In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the Existing Floor Plan for the Elgin Target store, submitted by Target Corporation, dated received March 13, 2012. 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 iwithin 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. avid J. Ka in, yor Presented: July 11, 2012 Passed: July 11, 2012 Omnibus Vote: Yeas: 7 Nays: 0 ' e Recorded: July 11, 2012 Published: July 13, 2012 `\ Attest: Kimberly Dewis, " Clerk s • - 2 - June 4; 2012 FINDINGS OF FACT Planning & Zoning Commission City of Elgin,Illinois SUBJECT Consideration of Petition 18-12 Requesting a Conditional Use in the AB Area Business District, to Permit Accessory Package Liquor Sales; Property Located at 300 South Randall Road, by Target Corporation, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: AB Area Business District Existing Use: Big Box Retailer Property Location: 300 South Randall Road Applicant/Owner. Target Corporation Staff Coordinator: Dave Waden. Senior Planner LIST OF EXHIBITS A. Aerial/Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Site Photos (see attached) E. Statement of Purpose and Conformance; Application (see attached) F. Draft Conditional Use Ordinance (see attached) Exhibit A f I • Findings of Fact Planning &Zoning Commission - Petition 18-12 June 4, 2012 BACKGROUND An application has been filed by Target Corporation requesting a conditional use to permit accessory package liquor sales in the AB Area Business District. The subject property is located at 300 South Randall Road(reference Exhibits A, B, C, and D). The applicant is proposing to offer beer, wine, and/or spirits at the subject property. This offering will occupy approximately 150 square feet within the market/food section of the store, which averages approximately 10,000 square feet. The size of the store overall is 124,339 square feet. The addition of package liquor will allow a more rewarding and convenient one stop shopping experience and meet the needs of its customers. No changes will be made to the existing structure as a result of adding package liquor as a retail option. Current store hours are 8 a.m. to 10 p.m. Monday through Saturday and 8 a.m. to 9 p.m. Sunday. Package liquor sales are conditional uses in the AB Area Business District, and require a public hearing and City Council approval (reference Exhibits E, and F). GENERAL FINDINGS • After due notice, as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 18-12 on June 4, 2012. Testimony was presented at the public hearing in support of the application. No objectors were present. The Community Development Department submitted a Conditional Use Review dated May 30, 2012. The Planning &Zoning Commission 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. 1962: Out of the City 1992: B3 Service Business District Present: AB Area Business District The subject property was annexed to Elgin in 1990 as part of the Funk/Sunderland Subdivision annexation and zoned B3 Service Business District. The property was reclassified in 1992 to AB Area Business District as part of a comprehensive amendment to the zoning ordinance. • Findings of Fact Planning& Zoning Commission �• Petition 18-12 June 4, 2012 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 located to the north of the subject property is zoned AB Area Business District and is improved with multi tenant commercial uses. The areas west of the subject property are zoned SFR2 and PSFR2 Single Family Residential, and consist of undeveloped farmland. The areas south of the subject property is zoned SFR2 Single Family Residential, and consist of undeveloped farmland. The areas to the east are zoned AB Area' Business District and is improved with individual commercial outlots. 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 an area, which is developed with a mix of residential homes, and commercial uses. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the 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 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 CC center city district. Accessory package liquor sales are classified as a conditional use in the AB Area • Business District. The proposed business is in keeping with the intent of the AB district. 3 i • Findings of Fact Planning& Zoning Commission Petition 18-12 June 4, 2012 The proposed addition of package liquor will allow a more rewarding and convenient one stop shopping experience. STANDARDS FOR CONDITIONAL USES The Planning & Zoning Commission has made the following fmdings concerning the standards for conditional uses: A. Site Characteristics Standard. The suitability of the subject properly 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 12.12 acres and is part of the Otter Creek Shopping Center. The store was opened in 1993 and contains approximately 124,339 square feet of retail. The proposed package liquor sales will occupy approximately 150 square feet within the approximate 10,000 square foot market/food section of the store. • 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, and sanitary sewer. 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 commercial building is located within the Otter Creek Shopping Center bounded by South Randall Road to the east and U.S. Rt. 20 and Weld Road to the north and South Street to the south. Both Randall Road and U.S. Rt. 20 are limited access regional arterials that serve southwestern Elgin and the surrounding region. Weld Road and South Street are local roads serving the subject property and the commercial and residential properties to the west. Access to the subject property is limited to South Randall Road and South Street. • Off street parking is provided in conformance with the off street parking ordinance. 4 Findings of Fact Planning &Zoning Commission ( • Petition 18-12 June 4, 2012 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"Community Mixed Use" in the City's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Commercial Mixed Use provides focus, identity, and convenient goods and services as well as some employment, for a number of surrounding neighborhoods in a larger trade area. The ideal community mixed use center should be between 30-100 acres of commercial, office, entertainment, medium density residential, and institutional uses accessed by arterial streets and transit services. The center:would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off-street parking is shared and on-street parking helps to contribute to the intimate scale of well functioning pedestrian environments. Parking located between and behind buildings permits people too walk more safely and comfortably between uses that front sidewalks rather than large parking lots. Seating and shade along pedestrian routes promotes walking and informal gathering. (�• 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 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. F. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation standard. The subject property is not located within a designated historic district. 5 i • Findings of Fact Planning& Zoning Commission — Petition 18-12 June 4, 2012 DECISION The Planning &Zoning Commission recommends the approval of Petition 18-12. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was five(5) yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Target Corporation, dated received April 16, 2012. 2. Substantial conformance with the Darlene McDermott Subdivision Plat of Survey, submitted by Target Corporation, dated received April 16, 2012. 3. Substantial conformance with the Consent and Disclosure, submitted. by Target Corporation, dated received March 13, 2012. 4. Substantial conformance to the Existing Floor Plan for the Elgin Target store, submitted by Target Corporation, dated received March 13, 2012. 5. Substantial conformance to Sheet T2 Site Plan Exhibit C, submitted by Target • Corporation, received March 13, 2012. 6. Substantial conformance to the letter dated March 9, 2012 by Carole Helmin, submitted by Target Corporation, dated received March 13, 2012. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 18-12 was adopted. s/ Bob Siliestrom Bob Silj estrom, Chairman Planning and Zoning Commission s/Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission • 6