G16-14 Ordinance No. G16-14
AN ORDINANCE
GRANTING A CONDITIONAL USE TO PERMIT ACCESSORY PACKAGE LIQUOR
SALES IN THE AB AREA BUSINESS DISTRICT
(20 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
permit 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 with 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 February 3, 2014, 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 accessory package liquor sales in the AB
Area Business District at 20 Tyler Creek Plaza, and legally described as follows:
PARCEL ONE:
LOT 1 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT NO. 1650586 WITH
THE RECORDER OF KANE COUNTY, ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR BENEFIT OF
PARCEL ONE AS CREATED BY AND DESCRIBED IN DECLARATION
DOCUMENT 1650587 AS AMENDED FROM TIME TO TIME ON AND OVER
LOTS 2, 3, 4, 5 AND 6 IN TYLER CREEK PLAZA SUBDIVISION AFORESAID
AND ALSO OVER THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF
NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF BIG TIMER
ROAD; THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH MCLEAN
BOULEVARD 882.12 FEET FROM THE PLACE OF BEGINNING; THENCE
EASTERLY AND PARLLEL WITH THE CENTER LINE OF BIG TIMBER ROAD
405.44 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE 395.00 FEET TO A POINT ON THE NORTH LINE OF
TYLER CREEK PLAZA SUBDIVISION THENCE WESTERLY ALONG SAID
NORTH LINE 398.72 FEET TO THE CENTER LINE OF NORTH MCLEAN
BOULEVARD; THENCE NORTHERLY ALONG SAID CENTER LINE 395.05 FEET
TO THE PLACE OF BEGINNING, (EXCEPT PART IN MCLEAN BOULEVARD) IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO RIGHTS, IF ANY, FOR BENEFIT OF PARCEL ONE CREATED BY
DEVELOPMENT AGREEMENT DOCUMENT 1650591 RECORDED AUGUST 24,
1983, CREATED BY PARTY WALL DECLARATION RECORDED AUGUST 24,
1983 AS DOCUMENT 1650594 AND BY INSTRUMENT AS TO CONVENANTS
RECORDED AUGUST 24, 1983 AS DOCUMENT 1650595 (Property commonly known
as 20 Tyler Creek Plaza).
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance and
Attachments, submitted by Butera Finer Foods, Inc. dated received January 14,
2014. 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 Interior Fixture Plan, submitted by, Butera Finer
Foods, Inc. dated received January 14, 2014.
3. The conditional use granted herein is limited to tenant space of 20 Tyler Creek Plaza.
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.
- , / .
L l�/.. 1 i, e;(itx,
David J. Kaptain, Iayor
Presented: March 19, 2014 '"Of EL Gi
Passed: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0 V� 'osso
Recorded: March 19, 2014 -'
Published: March 21, 2014 = ' 4'
Attes :
imberly Dewis, Cit Clerk
February 3, 2014
PLANNING & ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Conununit■ DcN elopment Department Cite of Elgin, IL
OVERVIEW
Butera Finer Foods, Inc. requests Conditional Use Approval to permit accessory package liquor
sales. The property is located at 20 Tyler Creek Plaza.
GENERAL INFORMATION
Petition Number 01-14
Recommendation: APPROVE, subject to conditions outlined at the conclusion of this
Report(See Recommendation Detail).
Applicant: Butera Finer Foods, Inc.
History: After due notice as required by law,the Planning&Zoning
Commission held a public hearing and considered Petition 01-14
on February 3, 2014. The applicant submitted a Statement of Purpose
Conformance dated received January 14, 2014 and testified at the
public hearing.
Staff Coordinator: Dave Waden, Senior Planner
List of Exhibits: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Statement of Purpose and Conformance,Application
F. Draft Conditional Use Ordinance
BACKGROUND & PROJECT DETAIL
The proposed Butera Finer Foods Supermarket, a 37,786 square foot building with surface
parking lot is situated at the northeast corner of Big Timber Road and McLean Boulevard, and is
part of the Tyler Creek Shopping Plaza. The supermarket sits on a 3.36 acre parcel of land.
Besides the sales of groceries and associated items the applicant is proposing the sales of various
alcoholic beverages which include beer, wine, spirits and liqueurs. The liquor department which
Exhibit A
Recommendation & Findings of Fact Planning& Zoning Commission
Petition 01-14 February 3, 2014
is proposed to occupy approximately 2,000 square feet of retail space will be located in the
northwest corner of the building. Within the liquor department a 9-door reach-in refrigerated
cooler with a 12' x 28' section for display and storage would be installed. The liquor department
will be overseen by store managers and the shelves within the department would be stocked by
direct vendors, a store manager, and/or another member of the Butera staff. The purchase of
alcoholic beverages would take place at any of the 7 checkout locations within the supermarket.
The hours of operation for the store will be Monday through Friday from 7:00 am to 10:00 pm
and Saturday and Sunday from 7:00 am to 9:00 pm. The liquor department would be open during
regular stores hours, to the extent permitted, and in the manner required, by local city ordinances
and State law.
STANDARDS FOR CONDITIONAL USES
In the review of their packet material,which is a part of the record of the February 3, 2014 public
hearing, and during their discussion during the same public hearing, Planning & Zoning
Commission members considered the following 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 irregular shaped parcel
containing approximately 3.36 acres of land. There are no significant features at the site.
The subject property consists of a vacant 37,786 square foot building and a large surface
parking lot.
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 subject property has a shared access point off of
North McLean Boulevard into the subject property and 3 access points off of Big Timber
Road into the property. Both streets are classified as arterials serving the west side of
Elgin.
2
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 01-14 February 3, 2014
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 proposed use meets the comprehensive plan standard. The subject property is
designated "Highway Commercial" in 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 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 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 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. This standard is not applicable. The subject property is not located within a
historic district nor is it a historic landmark.
RECOMMENDATION
On a motion to recommend approval of Petition 01-14, the Planning & Zoning Commission
voted five (5)yes, zero (0)no.
If the city council was to approve Petition 01-14,the following conditions would be appropriate:
3
Recommendation & Findings of Fact Planning & Zoning Commission
Petition 01-14 February 3, 2014
1. Substantial conformance to the Statement of Purpose and Conformance, and
Attachments, submitted by, Butera Finer Foods, Inc. dated received January 14, 2014.
2. Substantial conformance to the Fixture Plan, submitted by, Butera Finer Foods, Inc.
dated received January 14, 2014.
3. The conditional use granted herein is limited to tenant space 20 Tyler Creek Plaza.
4. Compliance with all applicable codes and ordinances.
s/ Bob Siljestrom
Bob Siljestrom, Chairman
Planning & Zoning Commission
s/Dave Waden
Dave Waden, Secretary
Planning&Zoning Commission
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