G22-15 Ordinance No. G22-15
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A PACKAGE LIQUOR
SALES ESTABLISHMENT IN THE NB NEIGHBORHOOD BUSINESS DISTRICT
(920 South McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a planned
development at 920 South McLean Boulevard, which lot is legally described herein (the "Subject
Property"), to permit certain departures from the Elgin Zoning Ordinance; and
WHEREAS, the Subject Property is located within the NB Neighborhood Business
District and package liquor sales is a listed conditional use within the NB district; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing
concerning said application on May 4, 2015 following due notice by publication; and
WHEREAS, the Community Development and the Planning and Zoning Commission
have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development and the Planning and Zoning Commission
recommend approval of said application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional
use for planned development in the NB Neighborhood Business District and to permit certain
departures from the Elgin Zoning Ordinance, pertain to the government and affairs of the city.
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 May 4, 2015, and the recommendations made by the Community Development
Department and the Planning and 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 for a planned development for a package liquor
sales establishment is hereby granted for the property commonly known as 920 South McLean
Boulevard, commonly identified by Kane County Property Identification Number (PIN) 06-27-
101-011, and legally described as follows:
That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows:
Commencing at the most Easterly Northeast corner of College Green Unit 1, being a
subdivision of part of said Northwest Quarter; thence North 85 degrees 27 minutes 26
seconds West along a Northerly line of said Unit 1, a distance of 50.0 feet to the Westerly
right of way line of McLean Boulevard for the point of beginning, (said point also being
the Northeast corner of Lot 15, of said College Green Unit 1); thence continuing North 85
degrees 27 minutes 26 seconds West along said North line of Unit 1, a distance of 340.14
feet to a jog in said subdivision; thence North 04 degrees 58 minutes 47 seconds East
along an East line of said subdivision 223.83 feet to the South line of Torrey Pines Drive
(also being the Northeast corner of Lot 7 in said Unit 1); thence South 85 degrees 01
minutes 54 seconds East along the South line of Torrey Pines Drive a distance of 339.14
feet to the West line of McLean Boulevard; thence Southerly along said West line being
on a curve to the left having a radius of 34,427.50 feet, an arc length of 221.31 feet to the
point of beginning; (the chord of the last described bearing South 04 degrees 43 minutes
29 seconds West 221.31 feet), in the City of Elgin, Kane County, Illinois.
Section 3. That the conditional use for a planned development for the redevelopment
of the Subject Property as authorized by this ordinance shall be subject to the following
additional conditions:
1. Substantial conformance to the Development Application, Statement of Purpose and
Attachments, submitted by AMI Properties, Inc. as applicant and B2 Investments as
owner, dated received March 23, 2015. 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 Plat of Survey, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, dated received March 23, 2015.
3. Substantial conformance to Site Plan, submitted by AMI Properties, Inc. as applicant and
B2 as owner, prepared by Robert Lizzo, dated received March 23, 2015.
4. Substantial conformance to Interior Floor Plan, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, prepared by Purohit Architects, dated received
March 23, 2015.
5. Substantial conformance to the Concept Parking Site Plan, submitted by AMI Properties,
Inc. as applicant and B2 Investments as owner, prepared by V3 Companies dated March
18, 2015, dated received March 23, 2015.
6. Substantial conformance to the Sign Exhibits, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, prepared by A-Plus Sign Source, dated received
March 23, 2015.
7. Substantial conformance to the Concept Landscape Plan, submitted by AMI Properties,
Inc. as applicant and B2 Investments as owner, prepared by V3 Companies, dated
received April 3, 2015.
2
8. All improvements, including the installation of plant materials depicted upon the
aforementioned Concept Landscape Plan within these conditions of approval shall be
completed no later than 24 months from the date of this conditional use approval.
9. Compliance with all applicable codes and ordinances.
Section 4. That the conditional use for planned development for the redevelopment
of the Subject Property is hereby granted the following departures from the Elgin Zoning
Ordinance:
1. The required number of off street parking stalls for "Retail" EMC Section
19.45.070 shall be 1 stall per 250 square feet of floor area. The subject property
consists of a single story building that contains approximately 16,200 square feet
of space, thus requiring 65 parking stalls. The applicant is requesting to install 63
parking stalls. Therefore, a departure of 2 parking stalls is requested.
Section 5. In the event of any conflict between this ordinance, which expressly
includes those documents detailed within Section 3 and the allowances and departures described
or depicted thereon, and the provisions of the Elgin Zoning Ordinance, this ordinance and
associated documents shall control and prevail.
Section 6. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
/ �/ �. A
�.
Davis J. Ka.•°n, M./or
Presented: June 10, 2015
Passed: June 10, 2015
Omnibus Vote: Yeas: 9 Nays: 0 OF°E�..
Recorded: June 10, 2015
Published: June 12, 2015 r
Attest:
'017,X
.0�. • .OY i.\ \ . .,
Kimberly Dewis, Ci Clerk
3
May 4, 2015
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, ILLINOIS
SUBJECT
Recommendation and findings of fact for Petition 09-15, an application by AMI Properties, Inc.,
for a conditional use for planned development at 920 South McLean Boulevard. The applicant is
requesting a conditional use for a planned development to allow for a package liquor sales
establishment.
GENERAL INFORMATION
Petition Number: 09-15
Requested Action: Approval of a Conditional Use for Planned Development
Current Zoning: NB Neighborhood Business District
ARC Arterial Road Corridor
Existing Use: Vacant, single story commercial building
Property Location: 920 South McLean Boulevard
Applicant: AMI Properties, Inc.
Owner: B2 Investments
Staff Coordinator: Dave Waden, Senior Planner
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
E. Development Application and Statement of Purpose and Conformance and exhibits; and
F. Public Hearing Transcripts from May 4, 2015
G. Draft Conditional Use for a Planned Development Ordinance
H. Related Correspondence
Exhibit A
Findings of Fact
Petition 09-15
May 4, 2015
BACKGROUND
The applicant proposes to acquire the approximate 1.73 acre parcel which contains a vacant
single story commercial building and surface parking lot located at 920 South McLean
Boulevard, and requests permission to establish a package liquor sales establishment within a
portion of the building. The remaining portion of the building would be leased to another tenant
or tenants. Package liquor sales establishments are listed as a conditional use in the NB
Neighborhood Business District, and require a public hearing and City Council approval.
Payless Tobacco and Liquor Store which is currently located at 824 South McLean would
acquire the property and re-locate to the site and occupy approximately 7,000 sq. ft. of the
building in order to operate their liquor store. The remaining 9,200 sq. ft. of the building would
be leased to another tenant or tenants when applicable. The proposed hours of operation would
be from 8:00 a.m. to 10:00 p.m. Monday through Saturday, and 9:00 a.m. to 8:00 p.m. on
Sunday. No changes to the exterior of the building except for new wall graphics are proposed by
the applicant.
There are currently 31 designated off-street parking spaces on-site, which is slightly above the
required number of spaces (28) for the proposed retail liquor store. There are, however an
insufficient number of spaces for any other potential tenants for the balance of the building. A
total of 65 spaces are required for the subject property. For this reason, the applicant has
proposed to modify the surface parking lot to accommodate the required parking (see Concept
Site Plan Parking Exhibit within your packet.) However, as you will see in the Concept Site
Plan Parking Exhibit no more than 63 spaces are possible based on site and building constraints,
which is less than what is required by ordinance. The applicant will be requesting a departure
amounting to 2 parking spaces, a request of a total of 63 parking spaces instead of the required
65.
With the proposed modifications to the surface parking lot the applicant is proposing to add
additional landscaping within several islands to offset the additional asphalt that is being
installed. The applicant will also remove and replace any dead or decayed landscaping materials.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 09-15 on May 4, 2015. Testimony was presented at the
public hearing in support of the application. The Community Development Department
submitted a Conditional Use for Planned Development Review to the Planning & Zoning
Commission dated May 4, 2015.
The Community Development Department and the Planning & Zoning Commission have made
the following general findings against the standards for a conditional use for planned
development as outlined within § 19.60.040:
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Findings of Fact
Petition 09-15
May 4, 2015
A. Site Characteristics Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to its size, shape, and any existing
improvements.
Findings. The conditional use for a planned development meets the site characteristic
standard as no site characteristic would impede locating the package liquor sales
establishment. The site is approximately 1.73 acres in size and is improved with a 16,200
sq. ft. single story building and surface parking lot.
B. Sewer and Water Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to the availability of adequate
water, sanitary treatment, and storm water control facilities.
Findings. The conditional use for a planned development meets the sewer and water
standard as the subject property is currently served by municipal water, sanitary sewer,
and storm water systems. Stormwater management is provided in conformance with the
standards and regulations of the City of Elgin and Kane County Stormwater Management
Ordinances.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
planned development as a 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 conditional use for a planned development meets the traffic standard. The
subject property is located at the southwest corner of South McLean Boulevard and
Torrey Pines Drive. South McLean Boulevard is an arterial street that serves the west
side of Elgin. Torrey Pines Drive is a local street and is one of two entrances into College
green Subdivision from South McLean Boulevard. Access into the subject property is
from Torrey Pines Drive.
The applicant is requesting a departure from the required number of parking stalls for the
site. The subject property requires 65 parking stalls and the applicant are proposing 63
parking stalls as shown on the Concept Site Plan Parking exhibit which is attached as part
of the staff report.
D. Zoning History. The suitability of the subject property for the intended planned
development as a conditional use with respect to the length of time the property has
remained undeveloped or unused in its current zoning district.
Findings. The conditional use for a planned development meets the zoning history
standard with respect to the length of time the existing building has remained
underutilized, if not completely unused. The building has been vacant since May 2012.
3
Findings of Fact
Petition 09-15
May 4, 2015
Originally, the subject property was annexed and zoned B3 Service Business District in
1974. The property was rezoned to B1 Retail Business District in 1988. This B1 zoning
classification of the property was associated with the preliminary platting and zoning for
College Green Subdivision. The subject property was rezoned to NB Neighborhood
Business District in 1992 as part of a comprehensive amendment to the zoning ordinance.
E. Surrounding Land Use and Zoning. The suitability of the subject property for the
intended planned development as a conditional use with respect to consistency and
compatibility with surrounding land use and zoning.
Findings. The conditional use for a planned development meets the surrounding land use
and zoning standard. The area to the north of the subject property is zoned PNB Planned
Neighborhood Business District and is developed with a retail center that includes such
uses as the Bunge Auto Center, New Life Books and Gifts, LifeSource, and Trendsetter
Spa.
The areas south and west of the subject property are zoned RC1 Residence Conservation
District. These areas are developed with single family residences that are part of the
College Green Subdivision.
The area to the east of the subject property is zoned PORI Planned Office Research
Industrial District and is developed with a commercial subdivision.
F. Trend of Development. The suitability of the subject property for the intended planned
development as a conditional use with respect to its consistency with an existing pattern
of development or an identifiable trend of development in the area.
Findings. The conditional use for a planned development meets the trend of development
standard. The subject property is located within an area that is developed with residential,
commercial, industrial uses
G. Conditional Use for a Planned Development. The suitability of the subject property for
the intended planned development as a conditional use with respect to conformance to
the provisions for the purpose and intent of planned developments.
The conditional use for a planned development meets the purpose and intent of planned
developments in that it demonstrates the following:
1. An opportunity to realize a development of demonstrated need with respect to the
types of environment available to the public that would not be possible under the
strict application of the other chapters of Title 19 "Zoning" of the Elgin Municipal
Code;
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Findings of Fact
Petition 09-15
May 4, 2015
2. The public benefit realized by the establishment of the planned development is
greater than if the property were to remain subject to the standard requirements of
NB Neighborhood Business District; and
3. Extraordinary conditions or limitations governing site design, function, operation,
and traffic are imposed on the planned development as previously recited within
the entirety of these proposed findings of fact.
Finally, the conditional use for a planned development is not requested for the sole
purpose of introducing a land use not otherwise permitted on the subject property, rather
the conditional use for a planned development would simply allow the applicant to
improve the property with a package liquor sales establishment within a portion of the
building and provide opportunities for other commercial/retail uses that are permitted
within the NB Neighborhood Business District within the remainder of the building.
H. Comprehensive Plan. The suitability of the subject property for the intended planned
development as a conditional use with respect to conformance to the goals, objectives,
and policies of the official comprehensive plan.
The conditional use for a planned development meets the comprehensive plan standard.
The subject property is designated "Low Density Residential" (2.1 dwelling units to 4
dwelling units per net acre) and "Transportation Corridor" by the City's Comprehensive
Plan and Design Guidelines dated 2005. In the low density residential land category,
neighborhood commercial centers are listed under other uses that are allowed.
Transportation corridors connect mixed-use centers and provide part of the guiding
framework for growth and development within designated areas. Transportation corridor
designations are intended to optimize public transit and to move people in a timely and
efficient manner.
The proposed land use is in keeping with the goals, objectives, and policies of these
comprehensive plan designations.
I. Natural Preservation Standard: The suitability of the subject property for the intended
planned development as a conditional use with respect to the preservation of all
significant natural features including topography, watercourses, wetlands, and
vegetation.
Findings: The conditional use for a planned development meets the natural preservation
standard. There are no significant natural features including topography, watercourses,
wetlands, and vegetation. The applicant will add additional landscaping within several
islands within the parking lot and is proposing to replace any dead or decaying plant
material on the site.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development as a conditional use with respect to the land uses permitted within
5
Findings of Fact
Petition 09-15
May 4, 2015
the development being located, designed, and operated so as to exercise no undue
detrimental influence on each other or on surrounding property.
Findings. The conditional use for a planned development meets the internal land
standard in that no evidence has been submitted or found that the proposed conditional
use for a planned development will be located, designed, or operated in a manner that
will exercise undue detrimental influence on itself or surrounding property. Finally, a
package liquor sales establishment is consistent and compatible with the land uses of the
properties immediately surrounding the subject property.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,
regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision
Ordinance. The applicant is requesting the following departures;
• Section 19.45.070 — Required Number of Parking Stalls. The required number of off
street parking stalls for "Retail" shall be 1 stall per 250 square feet of floor area. The
subject property consists of a single story building that contains approximately 16,200
square feet of space, thus requiring 65 parking stalls. The applicant is proposing to
modify and improve the existing parking lot and can only accommodate 63 parking stalls
based on site and building constraints. Therefore, the applicant is requesting a departure
of 2 parking stalls.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 09-15, subject to the following conditions:
1. Substantial conformance to the Development Application, Statement of Purpose and
Attachments, submitted by AMI Properties, Inc. as applicant and B2 Investments as
owner, dated received March 23, 2015.
2. Substantial conformance to the Plat of Survey, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, dated received March 23, 2015.
3. Substantial conformance to Site Plan, submitted by AMI Properties, Inc. as applicant and
B2 as owner,prepared by Robert Lizzo, dated received March 23, 2015.
4. Substantial conformance to Interior Floor Plan, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, prepared by Purohit Architects, dated received
March 23, 2015.
6
Findings of Fact
Petition 09-15
May 4, 2015
5. Substantial conformance to the Concept Parking Site Plan, submitted by AMI Properties,
Inc. as applicant and B2 Investments as owner, prepared by V3 Companies dated March
18, 2015, dated received March 23, 2015.
6. Substantial conformance to the Sign Exhibits, submitted by AMI Properties, Inc. as
applicant and B2 Investments as owner, prepared by A-Plus Sign Source, dated received
March 23, 2015.
7. Substantial conformance to the Concept Landscape Plan, submitted by AMI Properties,
Inc. as applicant and B2 Investments as owner, prepared by V3 Companies, dated
received April 3, 2015.
8. All improvements, including the installation of plant materials depicted upon the
aforementioned Concept Landscape Plan within these conditions of approval shall be
completed no later than 24 months from the date of this conditional use approval.
9. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning&Zoning Commission
7
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SITE LOCATION EXHIBIT
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Petition 09-15
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