G21-13 Ordinance No. G21-13
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ALLOW FOR
THE EXPANSION OF PACKAGE LIQUOR SALES
IN THE PAB PLANNED AREA BUSINESS DISTRICT
(571 North McLean Boulevard and 1363 Manor Court
within the shopping center at 551-587 North McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval for
accessory package liquor sales in the PAB 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 April 1, 2013, made by the Planning & Zoning Commission, a copy of which is
rattached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use to permit a package liquor sales establishment
currently located and operating within the tenant space at 571 North McLean Boulevard to
expand into the tenant space located at 1363 Manor Court, these properties located within in the
PAB Planned Area Business District encompassing the commercial property located at 551-587
North McLean Boulevard and legally described as follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 in
Block 4 of Wing Park Manor to Elgin, (except that part of Lots 1 and 23 dedicated for
Public Highway as shown on Plat of Dedication recorded July 14, 1976 as Document
Number 1370262), in the City of Elgin, Kane County, Illinois (Property commonly
known as 551-587 North McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Application and Statement of Purpose and
Conformance, submitted by Mr. Vijay Desai d/b/a Wing Park Liquor, dated
December 18, 2012, and revised on January 3, 2013.
2. Substantial conformance with the following documentation:
a. Final Plat of Subdivision for Wing Park Manor Addition - Resubdivision
No. 1, ordered by DLC Management, prepared by Jacob & Hefner
Associates, Inc., dated January 12, 2012 and recorded on June 14, 2012 as
Document No. 2012K038712.
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b. ALTA/ACSM Land Title Survey for the property prepared by Jacob &
Hefner Associates, Inc., dated March 12, 2012.
c. Exhibit depicting the location of the "original" and "additional" premises
entitled "Exhibit A — Additional Premises" dated received January 4,
2013.
d. Floor Plan of proposed expansion tenant space entitled "1363 Manor Ct"
dated received January 4, 2013.
3. The liquor store and its expanded premises will be restricted to the tenant spaces
at 571 North McLean Boulevard and 1363 Manor Court located within the Wing
Park Shopping Center.
4. All merchandise stored on site will be limited to be sold at "retail" on the
premises.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the
Elgin Municipal Code.
6. 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.
,> l/ ; .
David J. K`"ain, „!yor
Presented: May 8, 2013
Passed: May 8, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: May 8, 2013
Published: May 10, 2013
Attest:
Kimberly Dewis, C. y Clerk
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April 1, 2013
FINDINGS OF FACT
Planning and Zoning Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 01-13 Requesting a Conditional Use to Expand an Existing Package
Liquor Store within a PAB Planned Area Business District, at the Property Commonly Referred
to as 551-587 North McLean Boulevard; By Mr. Vijay Desai d/b/a Wing Park Liquor, Inc. as
Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: PAB Planned Area Business District
Existing Use: Package Liquor Store
Property Location: 551-587 North McLean Boulevard
Tenant Spaces at 571 North McLean Boulevard and
1363 Manor Court
Applicant/Owner: Mr. Vijay Desai d/b/a Wing Park Liquor
Staff Coordinator: Sarosh B. Saher, AICP, 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 and Attachments (see attached)
F. Draft Conditional Use Ordinance (see attached)
G. Related Correspondence (see attached)
Exhibit A
Findings of Fact Planning and Zoning Commission
Petition 01-13 April 1, 2013
BACKGROUND
An application has been filed by Mr. Vijay Desai d/b/a Wing Park Liquor, Inc, requesting
approval to expand an existing package liquor store. The subject property is commonly referred
to as 551-587 North McLean Boulevard and is located within an ARC Arterial Road Corridor
Overlay District(reference Exhibits A, B, C, and D).
The applicant proposes to expand the 3,310 square feet retail store located within the tenant
space at 571 North McLean Boulevard into the 980 square feet tenant space located at 1363
Manor Court. The expansion is intended to allow the operator of the liquor store to
competitively stock inventory for sale at the store. The land use is classified as a conditional use
in this PAB Planned Area Business District and as such, its expansion requires conditional use
approval through the public hearing process and city council approval (reference Exhibits E, and
F).
GENERAL FINDINGS
After due notice, as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 01-13 on April 1, 2013. 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 March 4, 2013.
The Planning and Zoning Commission has made the following general findings:
A. Zoning History. The property was annexed to the City of Elgin in 1954 as part of the
Wing Park Manor annexation and was zoned D Commercial district. The property was
reclassified in 1992 to AB Area Business District as part of a comprehensive amendment
to the zoning ordinance. In 2010, the property was zoned PAB Planned Area Business
District, and the northern end of the shopping center has subsequently redeveloped with a
new free-standing Walgreen's pharmacy building. In 2012, the city approved the
establishment of an automobile windshield repair store (Safelite AutoGlass) at the
southern end of the shopping center.
Wing Park Liquor was first established in 1991 at 1341 Manor Court, which is the free
standing tenant building at the rear of the shopping center. In 1996 the operator of the
business requested and was granted permission to relocate within the shopping center to
571 North McLean Boulevard. In 2005 the current owner of the store acquired the
business and continues the operation to this date.
The tenant space at 1363 Manor Court was formerly occupied by a beauty salon and is
currently vacant.
B. Surrounding Land Use and Zoning. The area to the east of the subject property is
zoned RC1 Residence Conservation District and is developed with single family
residences. The areas to the north and south of the shopping center are zoned CF
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Findings of Fact Planning and Zoning Commission
Petition 01-13 April 1, 2013
Community Facility District and developed with a school to the north and a church to the
south. The area west of the subject property is zoned AB Area Business District and
developed with commercial buildings.
C. Trend of Development. The subject property is a larger shopping center located along an
arterial corridor developed with a mix of commercial, office and residential uses. These
surrounding land uses depend upon this center for the retail- and service-oriented uses
that it offers.
D. Zoning District. This PAB Planned Area Business District is most similar in land use
and site design characteristics to the AB Area Business 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 1 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.
The proposed expansion of the package liquor store to include the adjacent rear tenant
space will allow a more competitive and convenient shopping experience.
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STANDARDS FOR CONDITIONAL USES
The Planning & Zoning Commission 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 that encompasses the shopping center is rectangular
shaped and approximately 6.669 acres in size. It is currently improved with a free-
standing commercial building at the north, two multiple tenant commercial buildings to
the south, one free-standing carry-out restaurant, and two free-standing buildings at the
southeast corner of the zoning lot and surface a parking lot.
The tenant space currently occupied by the liquor store is 3,310 square feet, and the
tenant space that is proposed to be expanded into is approximately 980 square feet.
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 served by municipal water and sanitary sewer.
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Findings of Fact Planning and Zoning Commission
Petition 01-13 April 1, 2013
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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 located on the southeast corner of McLean Boulevard
and Wing Street and is bordered by McLean Boulevard to the west, Wing Street to the
north, Weston Avenue to the east, and Eagle Drive to the south. McLean Boulevard and
Wing Street are arterial roads which serve the west side of Elgin. Weston Avenue and
Eagle Drive are local streets serving the surrounding neighborhoods. Access is available
into the subject property from all four sides of the site.
Off street parking is 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 located in an area designated as "Highway
Commercial" in the City's 2005 Comprehensive Plan and Design Guidelines. Areas
designated Highway Commercial 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.
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. No evidence has been submitted or found that the proposed expansion of the
existing 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 not located within a designated historic district.
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Findings of Fact Planning and Zoning Commission
Petition 01-13 April 1, 2013
RECOMMENDATION
The Planning and Zoning Commission recommends the approval of Petition 01-13. 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 Application and Statement of Purpose and
Conformance, submitted by Mr. Vijay Desai d/b/a Wing Park Liquor, dated December
18, 2012, and revised on January 3, 2013.
2. Substantial conformance with the following documentation:
a. Final Plat of Subdivision for Wing Park Manor Addition — Resubdivision No. 1,
ordered by DLC Management, prepared by Jacob & Hefner Associates, Inc.,
dated January 12, 2012 and recorded on June 14, 2012 as Document No.
2012K038712.
b. ALTA/ACSM Land Title Survey for the property prepared by Jacob & Hefner
Associated, Inc., dated March 12, 2012.
c. Exhibit depicting the location of the "original" and "additional" premises entitled
"Exhibit A—Additional Premises" dated received January 4, 2013.
d. Floor Plan of proposed expansion tenant space entitled "1363 Manor Ct" dated
received January 4, 2013.
3. The liquor store and its expanded premises will be restricted to the tenant spaces at 571
North McLean Boulevard and 1363 Manor Court located within the Wing Park Shopping
Center.
4. All merchandise stored on site will be limited to be sold as "retail" on the premises.
5. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin
Municipal Code.
6. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 01-13 was adopted.
Respectfully submitted:
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning and Zoning Commission
s/David Waden
David Waden, Secretary
Planning and Zoning Commission
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