HomeMy WebLinkAboutG25-23 Ordinance No. G25-23
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN
THE NB NEIGHBORHOOD BUSINESS DISTRICT AND ARC ARTERIAL ROAD
CORRIDOR OVERLAY DISTRICT
(500 South McLean Boulevard)
WHEREAS, written application has been made requesting conditional use approval to
establish accessory package liquor sales at 500 South McLean Boulevard; and
WHEREAS,the zoning lot with the building containing the premises at 500 South McLean
Boulevard is legally described herein(the "Subject Property"); and
WHEREAS, the Subject Property is located within the NB Neighborhood Business
District, and ARC Arterial Road Corridor Overlay District, and accessory package liquor sales
establishment [SR] (UNCL) is listed as a conditional use within the NB Neighborhood Business
District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on April 3, 2023 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 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,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 NB Neighborhood Business 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 April 3, 2023, 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 an accessory package liquor sales establishment
[SR] (UNCL), is hereby granted for the property commonly known as 500 South McLean
Boulevard,which is commonly identified by the Kane County Property Index Number 06-22-301-
028, and legally described as follows:
LOT 2 OF SECOND ADDITION TO BURNIDGE BROS. INDUSTRIAL PARK BLOCK D OF
UNIT NO. 1; IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS
(Commonly known as 500 South McLean Boulevard)
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 Pragnaben Soni
as applicant, and LGP Realty Holdings LP as property owner, received February 24,
2023 and supporting documents including:
a. Undated Statement of Purpose and Conformance letter, received March 14, 2023;
b. ALTA/NSPS Land Title Survey, prepared by Bock & Clark's National Surveyors
Network, dated March 24, 2016, last revised April 5, 2016; and
c. Undated Floor Plan—OSHO SOUTHELGIN FUEL INC,received March 14,2023.
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. Consumption of alcoholic beverages on the premises is not permitted.
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 upon its passage in the
manner provided by law.
David J. Ka in, M9 or
Presented: May 24, 2023
Passed: May 24, 2023
Vote: Yeas: 7 Nays: 2 .
Recorded: May 24, 2023sF,w
Published: May 24, 2023
Att st: y C
Kimberly Dewis, 'ity Jerk
2
EXHIBIT A
April 3, 2023
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 08-23, an application by
Pragnaben Soni, as applicant, and LGP Realty Holdings LP, as property owner, requesting a
conditional use to permit accessory package liquor sales at the existing motor vehicle service
station and convenience food store at the property commonly referred to as 500 S. McLean
Boulevard.
GENERAL INFORMATION
Petition Number: 08-23
Property Location: 500 S. McLean Boulevard
Requested Action: Conditional Use
Current Zoning: NB Neighborhood Business District and ARC Arterial Road
Corridor Overlay District
Proposed Zoning: No change. NB Neighborhood Business District and ARC Arterial
Road Corridor Overlay District
Existing Use: Motor vehicle service station and convenience store
Proposed Use: Accessory package liquor sales part of the existing convenience
store
Applicant: Pragnaben Soni
Owner LGP Realty Holdings LP
Staff Coordinator: Damir Latinovic, AICP. Senior Planner
Recommendation & Findings of Fact
Petition 08-23
April 3,2023
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel May
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
By Pragnaben Soni, as applicant, and LGP Realty Holdings LP, as property owner, requesting a
conditional use to permit accessory package liquor sales at the existing motor vehicle service
station and convenience food store at the property commonly referred to as 500 S. McLean
Boulevard.
The 0.7-acre property located at the southwest corner of S. McLean Boulevard and Fleetwood
Drive is zoned NB Neighborhood Business District and ARC Arterial Road Corridor Overlay
District. The property is improved with a 2,400-square foot convenience store building and four
double-sided fuel pump islands (eight fueling stations). A canopy supported by columns covers
the fuel pump islands. The property includes 10 striped parking stalls. The access to the property
is via two access driveways, one located on S. McLean Boulevard and the second located on
Fleetwood Drive.
The property to the north is zoned PGI Planned General Industrial District Ordinance No. G28-12
and is improved with a Circle K/Shell gas station and convenience store.The properties to the west
are zoned GI General Industrial District and are part of the Burnidge Bros. Industrial Park. The
property adjacent to the west is a one-story commercial warehouse building that was most recently
occupied by a floor/carpet retail store. The building is currently vacant. The property adjacent to
the south is zoned NB Neighborhood Business District and is improved with a one-story restaurant
D Hangout Bar and Grill. And the property across S. McLean Boulevard to the east is wooded
open space zoned PRC Planned Residence District part of Buena Vista affordable housing
apartment complex.
-2-
Recommendation &Findings of Fact
Petition 08-23
April 3,2023
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The applicant, part of the new management team OSHO Southelgin Fuel, Inc. that operates the
existing Marathon Gas station and convenience store,is requesting approval for accessory package
liquor sales at the existing convenience store. The applicant is proposing to sell beer, wine, and
hard liquor. Retail goods would be rearranged to accommodate the beer in several coolers at the
back of the store, and wine on one retail shelf. The hard liquor products would be kept behind and
under the salesclerk check-out counter. All alcohol display areas total approximately 156 square
feet of floor area, which is less than 10 per cent of the 2,400-square foot convenience store
building, which is the maximum permitted for accessory package liquor sales. The consumption
of alcohol on premises is not proposed and would not be permitted.
The existing gas station and the convenience store is open daily from 5 am to 11 pm.The applicant
is not proposing any changes to the hours of operation. Similarly, no changes are proposed to
exterior of the building or the site. The applicant is not proposing any new signage at this time.
Any future exterior graphics would have to meet the zoning ordinance requirements.
The 2,400-square foot convenience store is required to provide 10 parking spaces based on the
requirement for one parking space per 250 square feet of floor area. The proposed sales of
packaged liquor would not change the parking requirement. With 10 parking spaces on site, the
property will continue to meet the parking requirement.
-3 -
Recommendation& Findings of Fact
Petition 08-23
April 3, 2023
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Figure 2:Building floor plan
If the conditional use(zoning approval)for accessory package liquor sales is granted,the applicant
must apply for and obtain a liquor license before any sale of packaged beer and wine is established.
The liquor license would regulate the hours for liquor sales.The hours of operation for liquor sales
allowed by the B-4 liquor license,which is typically issued to motor vehicle service stations with
convenience stores are 6:00 am— 1:00 am(the following day)Monday-Thursday, 6:00 am—2:00
am(the following day)Friday-Saturday, and 9:00 am— 1:00 am(the following day) Sunday.
Liquor Licenses at Gas Stations
From 1995 until spring 2012, the City did not issue liquor licenses for gas stations and/or their
convenience stores. Starting with the Grove Mart on N. Randall Road, the city suggested that
motor vehicle service stations could receive a liquor license under certain circumstances,including
the proximity to residential and other places selling liquor.
All liquor licenses are reviewed on a case-by-case basis.A new liquor license is created and issued
each time an application for a liquor license is approved. Since 2012, the city has issued several
liquor licenses for accessory package liquor sales at gas stations and/or their convenience stores,
including the BP at 1190 N. McLean Boulevard, the BP at Route 20 and Nesler Road, the
-4-
Recommendation & Findings of Fact
Petition 08-23
April 3,2023
Speedway at 1570 Big Timber Road, the Shell at 2320 N. Randall Road, the 7-Eleven/Mobil gas
station at 811 E.Chicago Street,the Mobil gas station at 1520 Big Timber Road,the Circle K/Shell
gas station at 2455 South Street, and most recently in 2021 for the 7-Eleven/Mobil gas station at
1570 N.Randall Road. In 2022,the City also approved accessory package liquor sales and a liquor
license for a new convenience store at 526 Dundee Avenue.
Accessory package liquor sales is listed as a conditional use in the NB Neighborhood Business
District and requires the review and recommendation by the Planning and Zoning Commission
and approval by the City Council.
The Community Development Department offers the following additional information:
A. Property History. The area south of US Highway 20 and west of S. McLean Boulevard
where the property is located was annexed to the city in 1962 for the establishment of
Burndige Bros. Industrial Park. Upon annexation, the area was zoned M1 Limited
Manufacturing. By 1992,the subject property and several other properties to the north and
south along S. McLean Boulevard were rezoned to B3 Service Business District. In 1992,
the property was rezoned to NB Neighborhood Business District as part of the
comprehensive amendment to the zoning ordinance. In 2001, the property became part of
the ARC Arterial Road Corridor Overlay District.
The existing gas station and convenience store was constructed in 1998.
B. Surrounding Land Use and Zoning. The property to the north is zoned PGI Planned
General Industrial District Ordinance No. G28-12 and is improved with a Circle K/Shell
gas station and convenience store. The properties to the west are zoned GI General
Industrial District and are part of the Burnidge Bros. Industrial Park.The property adjacent
to the west is a one-story commercial warehouse building that was most recently occupied
by a floor/carpet retail store. The building is currently vacant. The property adjacent to the
south is zoned NB Neighborhood Business District and is improved with a one-story
restaurant D Hangout Bar and Grill. And the property across S. McLean Boulevard to the
east is wooded open space zoned PRC Planned Residence District part of Buena Vista
affordable housing apartment complex.
C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection, Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
-5 -
Recommendation & Findings of Fact
Petition 08-23
April 3,2023
D. Zoning District. The purpose and intent of the NB Neighborhood Business District is to
provide for commercial areas supplying daily convenience commodities and services to a
neighborhood population. The scale of development of an NB zoning district is limited by
the appliable site design regulations due to its function and resulting close proximity to
residences.
E. Trend of Development.The subject property is located along S. McLean Boulevard south
of the interchange with US Highway 20. The property was platted and was initially zoned
for manufacturing development part of the southwest industrial park centered on Fleetwood
Drive (Burnidge Bros. Industrial Park). However, the property developed with a
commercial use due to its location along S. McLean Boulevard,an arterial road.Over time
other similar properties in the area along S. McLean Boulevard also developed with
commercial uses. The Town and Country shopping center and the majority of other
commercial uses developed along S. McLean Boulevard north of US Highway 20 because
of the proximity to surrounding residential neighborhoods north of US Highway 20.
Similarly, commercial uses also established further south along S. McLean Boulevard
North of Bowes Road in the City of Elgin,and south of Bowes Road in the Village of South
Elgin. Wendy's and D Hangout Bar and Grill restaurants, the Circle K/Shell gas station,
and Jiffy Lube motor vehicle repair shop are the only commercial uses along S. McLean
Boulevard south of US Highway 20 in the immediate proximity of the subject property.
Due to the presence of other commercial developments in the area with better locations
closer to residential neighborhoods, staff does not anticipate any new commercial
development along S. McLean Boulevard between US Highway 20 and Spartan Drive.
However, the existing commercial properties will likely remain commercial providing
auto-oriented service uses due to their proximity to the US Highway 20 and McLean
Boulevard interchange and the Burndige Bros. Industrial Park.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 08-23 on April 3,2023.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 April 3,2023.
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:
-6-
Recommendation & Findings of Fact
Petition 08-23
April 3, 2023
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. No existing site features including topography, watercourses,
vegetation, and property improvements exist that would have a negative impact on the
proposed conditional use. The property is developed with a motor vehicle service station
and a convenience food store.The proposed packaged sales of beer,wine,and liquor would
be part of the existing convenience store without any changes to the building or the site.
The proposed conditional use for accessory package liquor sales at the existing
convenience store is similar to other motor vehicle service stations that also sell packaged
liquor. The applicant is not proposing to make any interior or exterior changes to the
building.
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 is 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 serve the property.
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 property has two access driveways; one to Fleetwood
Drive on the north and the second to S. McLean Boulevard on the east side of the property.
The property maintains a safe and efficient on-site and off-site vehicular circulation. The
proposed addition of accessory packaged alcohol sales will not have any negative effect on
the existing on-site and off-site traffic circulation.
Per the zoning ordinance, a 2,400-square foot convenience store is required to have 10
parking spaces based on the requirement for one parking space per 250 square feet of floor
area. The proposed sales of packaged liquor would not change the parking requirement.
- 7-
Recommendation& Findings of Fact
Petition 08-23
April 3,2023
With 10 parking spaces on site,the property will continue to meet the parking requirement.
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 existing motor vehicle service station is located along an arterial
road and services not only the immediate neighborhood,but a population from a larger area
as well. The proposed sales of packaged beer, wine, and hard liquor at the convenience
store is similar to other motor vehicle service stations that offer packaged liquor. There
would be no alcohol sales for on-site consumption.
While the existing motor vehicle service station and the convenience store is open daily
from 5 am to 11 pm, the sale of alcoholic beverages would be limited by the B-4 liquor
license, which is typically issued to motor vehicle service station convenience stores with
accessory package liquor. The hours of operation for liquor sales established by B-4 liquor
license are 6:00 am— 1:00 am (the following day) Monday-Thursday, 6:00 am—2:00 am
(the following day) Friday-Saturday, and 9:00 am — 1:00 am (the following day) on
Sunday.
The applicant is not proposing to make any interior or exterior changes to the building.No
evidence has been submitted or found that the proposed conditional use for accessory
package liquor sales will be 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.
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 08-23, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Pragnaben Soni as
applicant, and LGP Realty Holdings LP as property owner, received February 24, 2023
- 8-
Recommendation & Findings of Fact
Petition 08-23
April 3, 2023
and supporting documents including:
a. Undated Statement of Purpose and Conformance letter,received March 14, 2023;
b. ALTA/NSPS Land Title Survey, prepared by Bock& Clark's National Surveyors
Network,dated March 24,2016,last revised April 5,2016; and
c. Undated Floor Plan—OSHO SOUTHELGIN FUEL INC,received March 14,2023.
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. Consumption of alcoholic beverages on the premises is not permitted.
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 five(5)yes,zero(0)no,
and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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EXHIBITA Aerial/Location Map N
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Map prepared by City of Elgin o 37.5 75 iso 225 30Feet
Department of Community Development
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Petition 08-23 PGI
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Legend
ORC Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation
OSFR1 Single Family Residence 1
OPSFR1 Planned Single Family Residence
QSFR2 Single Family Residence 2
QPSFR2 Planned Single Family Residence �T
EMTRF Two Family Residence !r B
QPTRF Planned Two Family Residence
O MFR Multiple Family Residence PRC
Q PMFR Planned Multiple Family Residence - RC3
ORB Residence Business
OPRB Planned Residential Business
®NB Neighborhood Business _
-PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
1
-CC1 Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial `F
-PGI Planned General Industrial
-Cl Commercial Industrial
-CF Community Facility
-PCF Planned Community Facility Sports Way
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EXHIBITS Zoning Map "
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Map prepared by City of Elgin 0 37.5 75 150 225 300eet
Department of Community Development
Subject Property
500 S. McLean Blvd.
Petition 08-23
Fleetwood Dr
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EXHBIIT C Parcel Map N
City of Elgin
Department of Community Development o 12 s 25 so 75 too
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EXHIBIT D
SITE LOCATION
500 S. McLean Boulevard
Petition 08-23
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Fleetwood Drive
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Bird's eye view looking north
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Bird's eye view looking south
EXHIBIT D
SITE LOCATION
500 S. McLean Boulevard
Petition 08-23
Existing Marathon Gas station as seen from S. McLean Blvd.
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- 4
Existing Marathon Gas station as seen from Fleetwood Drive