HomeMy WebLinkAboutG18-25 Ordinance No. G18-25
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ESTABLISH A TOBACCO STORE
IN THE CC1 CENTER CITY DISTRICT
(10 North State Street)
WHEREAS, written application has been made requesting conditional use approval to
establish a tobacco store at 10 North State Street; and
WHEREAS, the zoning lot with the building containing the premises at 10 North State
Street is legally described herein (the"Subject Property"); and
WHEREAS, the Subject Property is located within the CC 1 Center City District, and a
tobacco store is listed as a conditional use within the CC I Center City District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on March 3, 2025, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated in their
Findings of Fact; 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,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning, including, but not limited to,this ordinance granting a conditional use
in the CC I Center City District pertains 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 March 3, 2025, 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 tobacco store is hereby granted for the property
commonly known as 10 North State Street, which is part of the property commonly identified by
Kane County Property Index Number: 06-14-406-010, and legally described as follows:
THE SOUTHERLY 44 FEET OF THE EASTERLY 90 FEET OF LOT 11 IN BLOCK 29
(EXCEPT THE EASTERLY 10 FEET OF THE SOUTHERLY 22 FEET THEREOF) OF THE
ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF FOX RIVER, IN KANE COUNTY,
ILLINOIS.
(commonly known as 8-10 North State Street)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Cordale E.
Abernathy, as applicant, and Excel Market Solutions, as the property owner, received
June 22, 2023 and supporting documents including:
a. Undated two-page letter from Dale Abernathy, Elgin Cigar and Art, dated received
August 6, 2024;
b. ALTA/NSPS Land Title Survey for 8-10 N. State Street Elgin, IL, prepared by
Meridian Land Surveying Co., dated April 30, 2019;
c. A drawing titled 10 N State Floor Plan, prepared by Orblue, dated received August
6, 2024, with such further revisions as required by the Community Development
Director; and
d. A drawing titled 10 N State Floor Plan, with markups, prepared by Orblue, dated
received June 22, 2023, with such further revisions as required by the Community
Development Director;
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. The proposed tobacco store shall not sell any e-cigarettes, vape products, or products
containing hemp, Delta-8 THC, or Delta-9 THC.
3. All street graphics must comply with the zoning ordinance requirements.
4. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect u n its passage in the
manner provided by law.
Wej./X,4
David J. Ka in, Mayor
2
Presented: April 9, 2025
Passed: April 9, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: April 9, 2025
Published: April 9, 2025
A es ri .
Kimberly Dewi C' y er
EXHIBIT A
March 3, 2025
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 18-23, an application by
Cordale D. Abernathy, as applicant, and Excel Market Solutions LLC, as property owner,
requesting a conditional use to establish a tobacco store at the property commonly referred to as
10 N. State Street.
GENERAL INFORMATION
Petition Number: 18-23
Property Location: 10 N. State Street
Requested Action: Conditional Use
Current Zoning: CC 1 Center City District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. CC 1 Center City District and ARC Arterial Road
Corridor Overlay District
Existing Use: Fine art and jewelry store
Proposed Use: Fine art and jewelry store,and a tobacco store
Applicant: Cordale D. Abernathy
Owner Excel Market Solutions
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Cordale D. Abernathy, as applicant, and Excel Market Solutions LLC, as property owner, are
requesting a conditional use to establish a tobacco store at the property commonly referred to as
10 N. State Street.
The subject property is a 1,400-square-foot ground floor commercial tenant space located within
an approximately 5,808-square-foot,two-story mixed-use building. The building is located on and
covers the entirety of the 3,740-square-foot property located in downtown Elgin on the west side
of N. State Street approximately mid-block between W. Highland Avenue on the north and W.
Chicago Street on the south.The mixed-use building includes one other ground floor 1,400-square-
foot commercial tenant space, which is home to the flower shop White Orchid Designs, and two
residential units on the 2"d floor. The front of the building is located on the front property line
along N. State Street with direct pedestrian access from the public sidewalk to the building. There
is no vehicular access to the property.
All surrounding properties are zoned CC 1 Center City District. The property adjacent to the north
is a two-story mixed-use building with a ground-floor commercial tenant space currently home to
a plumbing contractor's office, and a residential unit on the second floor. The property adjacent to
the south is also improved with a two-story, mixed-use building with a ground-floor commercial
space home to a financial accounting office with residential units above that.The property adjacent
to the west is improved with a one-story commercial building home to a special trade contractor
for inspections and backflow services. The properties to the east across N. State Street include
several two-story, mixed-use buildings with ground-floor commercial uses and upper-floor
residential units.
-2 -
Recommendation & Findings of Fact
Petition 18-23
March 3,2025
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Figure 1:Area map with zoning overlay
Proposal
The applicant is proposing to add cigar sales to the existing fine art and jewelry store at 10 N. State
Street.Elgin Cigar and Art,as the store is known,opened in summer of 2023.The store specializes
in selling fine art and vintage,antique Elgin watches that the applicant restores.
-3 -
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
The applicant is proposing to establish an"elegant cigar
'/
o�Ni -- store",as the application states, selling fine cigars along
' with fine art and vintage Elgin watches. Elgin Cigar and
Art would not sell regular cigarettes, e-cigarettes, and
vape products typically found in other tobacco stores.
/� • The cigar inventory would be stored in commercial
tA humidor cabinets. There would be no on-site
= consumption of cigars or other tobacco products.
' ram
i , .i
r,N e` The applicant is not proposing any interior or exterior
e changes to the building or the subject commercial tenant
1 40() k., space. The hours of operation would not change. The
f store is open from 1 1 AM to 9 PM seven days per week.
'r 1 I The applicant is the sole employee. Any future signage
, • " will meet the zoning ordinance requirements.
- . The applicant is an art collector and is looking to add the
'
1sale of cigars to expand the business.
,J`
F Land uses in the downtown CC 1 District are not required
I to provide any on-site parking spaces. Employees and
�( customers are expected to use public parking lots and
i/ t , III * on-street parking spaces. A public parking lot with 46
�r - free parking spaces is located one half block to the north
Lc .i at the northwest corner of W. Highland Avenue and
State Street. In addition,on-street parking spaces in front
1 of the store along N. State Street are free, but limited to
—. 2 hour parking from 8 AM to 5 PM Monday to Friday,
and no parking from 4 AM to 6 AM daily.
- The proposed tobacco store is listed as a conditional use
in the CC I Center City District and requires the review
' and recommendation by the Planning and Zoning
Commission and approval by the City Council.
Figure 2:Proposed floor plan for the Elgin Cigar
and Art store
The Community Development Department offers the following additional information:
A. Property History.The subject property was part of the original town of Elgin subdivision
since the City's incorporation in 1835. The property was originally zoned F Industrial
District in 1927. In 1962,the property was rezoned to M-1 Limited Manufacturing District.
In 1992,the property was rezoned to CC I Center City District as part of the comprehensive
-4-
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
amendment to the zoning ordinance. In 2001,the property became part of the ARC Arterial
Road Corridor Overlay District.
The existing 5,808-square foot,two-story,mixed-use building was constructed in 1891 for
Getzelman & Schmidt who sold groceries and dry goods. Getzelman's name is listed on
the building's front facade near the cornice. Over the years,the building was occupied by
a variety of businesses,including a motor and tire shop in the 1930s and a barber shop and
a beauty salon in the 1950s, among others.
B. Surrounding Land Use and Zoning. All surrounding properties are zoned CC Center
City District. The property adjacent to the north is a two-story mixed-use building with a
ground-floor commercial tenant space currently home to a plumbing contractor's office,
and a residential unit on the second floor. The property adjacent to the south is also
improved with a two-story, mixed-use building with a ground-floor commercial space
home to a financial accounting office with residential units above that. The property
adjacent to the west is improved with a one-story commercial building home to a special
trade contractor for inspections and backflow services.The properties to the east across N.
State Street include several two-story,mixed-use buildings with ground-floor commercial
uses and upper-floor residential units.
C. Comprehensive Plan.The subject property is designated as Downtown Mixed-Use by the
City's 2018 Comprehensive Plan and Design Guidelines. Elgin's historic downtown
contains mixed-use structures featuring retail, restaurant, service uses, office and
residential uses. Mixed-use structures contribute to an active street life and help foster a
unique sense of place within Elgin. A variety of uses should be encouraged throughout the
Downtown and should be located at or near the sidewalk with parking in the rear.
D. Zoning District.The purpose and intent of the CC 1 Center City District is to facilitate the
implementation of the official comprehensive plan for the city center, as focused on a
distinctive subarea of the city with a common urban fabric. The CCI zoning district
provides for a concentration of finance, service, retail, civic, office, and cultural uses in
addition to complementary uses such as hotels, entertainment and housing. The
development standards are intended to encourage a mix of activity in the area while
providing for quality development that maintains a sense of history, human scale and
pedestrian-oriented character.
E. Trend of Development. The property is located on the west side of the Fox River along
N. State Street approximately mid-block between W. Highland Avenue on the north and
W. Chicago Street on the south. The property is part of the traditional downtown area that
has historically been developed with a mix of land uses.Due to its proximity to the railroad,
this block of the downtown has included some light manufacturing uses as well.There has
been no new construction in the immediate area of downtown west of the Fox River. Staff
-5 -
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
anticipates the area will continue to see a mix of land uses, and more specifically auto-
oriented uses due to the traffic volumes of N. State Street.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 18-23 on March 3,2025.Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
Development Application Review and Written Findings & Recommendation to the Planning &
Zoning Commission dated March 3,2025.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within§ 19.65.030:
STANDARDS FOR CONDITIONAL USE
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
its size,shape,significant features including topography,watercourses,and vegetation,and
existing improvements. The subject property is a 1,400-square foot commercial tenant
space within a two-story 5,808-square-foot building. The two-story building covers the
entirety of the 3,740-square foot property. The property includes direct pedestrian access
from N. State Street. There is no vehicular access to the site. The proposed tobacco store
would occupy one of two commercial tenant spaces in the building. The other similarly
sized commercial tenant space is home to a flower shop,while the 2nd floor of the building
includes two residential units. The applicant is not proposing any exterior changes to the
building or the site. No existing site features including topography, watercourses,
vegetation, and property improvements exist that would have a negative impact on the
proposed conditional use.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property and the subject commercial space are currently served by municipal water,
sanitary sewer,and storm water systems.The applicant is not proposing any changes to the
existing sewer and water utilities. The existing sewer and water facilities can adequately
-6-
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
serve the proposed use.
C. Traffic and Parking Standard. The suitability 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 provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The existing property is fully developed with a two-story
building that covers the entirety of the subject property.The property only has a pedestrian
access from N. State Street public sidewalk. There is no vehicular access to the property.
The applicant is not proposing any changes to the existing site configuration.The proposed
facility will not have any negative effect on the existing safe and efficient traffic circulation
in the immediate area.
Land uses in the downtown CC1 District are not required to provide any on-site parking
spaces. Employees and customers are expected to use public parking lots and on-street
parking spaces. A public parking lot with 46 free parking spaces is located one half block
to the north at the northwest corner of W. Highland Avenue and State Street. In addition,
on-street parking spaces in front of the store along N. State Street are free,but limited to 2
hour parking from 8 AM to 5 PM Monday to Friday, and no parking from 4 AM to 6 AM
daily.
D. 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. The applicant is not proposing any interior or exterior changes to the
building or the site. All business activities will be conducted on the interior of the building
without any impact on the surrounding properties. The hours of operation from 11 AM to
9 PM daily are similar to the hours of operation of other retail service uses in the downtown
area. The applicant is not proposing any on-site consumption of tobacco products.
No evidence has been submitted or found that the proposed use will be located or operated
in a manner that will exercise undue detrimental impact on surrounding properties.
E. 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.
-7 -
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
Findings. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 18-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Cordale E.
Abernathy,as applicant, and Excel Market Solutions,as the property owner,received June
22, 2023 and supporting documents including:
a. Undated two-page letter from Dale Abernathy, Elgin Cigar and Art, dated received
August 6, 2024;
b. ALTA/NSPS Land Title Survey for 8-10 N. State Street Elgin, IL, prepared by
Meridian Land Surveying Co., dated April 30, 2019;
c. A drawing titled 10 N State Floor Plan, prepared by Orblue, dated received August
6, 2024, with such further revisions as required by the Community Development
Director; and
d. A drawing titled 10 N State Floor Plan, with markups, prepared by Orblue, dated
received June 22, 2023, with such further revisions as required by the Community
Development Director;
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. The proposed tobacco store shall not sell any e-cigarettes, vape products, or products
containing hemp, Delta-8 THC,or Delta-9 THC.
3. All street graphics must comply with the zoning ordinance requirements.
4. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to
the conditions outlined by the Community Development Department, was four (4) yes, zero (0)
no, and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
- 8 -
Recommendation & Findings of Fact
Petition 18-23
March 3, 2025
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
-9-
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EXHIBIT A Aerial/Location Map
11' +E
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0 40 80 160 240 320
Map prepared by City of Elgin Feet
Department of Community Development
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Subject Property
aP''° Petition 18-23
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Legend
ORC1 Residence Conservation 1 Ao�
ORC2 Residence Conservation 2 GniGa9
ORC3 Residence Conservation 3 `•
QPRC Planned Residence Conservation
OSFR1 Single Family Residence 1
QPSFR1 Planned Single Family Residence 1
O SFR2 Single Family Residence 2
OPSFR2 Planned Single Family Residence 2
QTRF Two Famdy Residence
OrWTRF Planned Two Family Residence
O,“.R Multiple Family Residence tillillill'R
Oi MFR Planned Multiple Family ResidenceQ RB Residence BusinessO PRB Planned Residential Business
QNB Neighborhood Business
QPNB Planned Neighborhood Businessw�� '
EllAB Area Business �l`
-PAB Planned Area Business
ilfrO
-CC1 Center City 1 i /
-CC2 Center City 2 r St /'�
-PCC Planned Center City K.
1(7
EnORI Office Research Industrial \Z7
®PORI Planned Office Research Industrial
-GI General lndustnal
-PGI Planned General Industnal
-CI Commercial Industrial
-CF Community Facility111110 Cyst St
MIPCF Planned Community Facility 4.
1.0
-
EXHIBIT B Zoning Map "
W+E
S
Map prepared by City of Elgin 0 45 90 180 270 360
Department of Community Development Feet
Subject Property
10 N. State St.
Petition 18-23
cv
0614406010
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0614428007
EXHBIIT C Parcel Map
City of Elgin 0 5 10 20 30 40
Department of Community Development ►- Fee'
EXHIBIT D
SITE LOCATION
10 N. State Street
Petition 18-23
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EXHIBIT D
SITE LOCATION
10 N. State Street
Petition 18-23
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Front elevation of the existing space s ace at 10 N. State Street
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West side of N. State Street between W. Chicago Street on the
south (left) and W. Highland Avenue (right)