HomeMy WebLinkAboutG34-21 Ordinance No. G34-21
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN
THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT
(2455 South Street)
WHEREAS, written application has been made requesting conditional use approval to
establish accessory package liquor sales at 2455 South Street; and
WHEREAS, the zoning lot with the building containing the premises at 2455 South Street
is legally described herein(the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area 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 AB Area Business District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on June 7, 2021 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 AB Area 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 June 7, 2021, 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.
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Section 2. That a conditional use for an accessory package liquor sales establishment
[SR] (UNCL), is hereby granted for the property commonly known as 2455 South Street, which is
commonly identified by the Kane County Property Index Number 06-21-151-001, and legally
described as follows:
PARCEL 1
LOT 4 OF DARLENE MCDERMOTIS SUBDIVISION BEING ASUBDIVISION OF PART OF
THE SOUTHWEST X SECTION 16, PART OF SOUTHEAST X OF SECTION 17 PART OF
THE NORTHEAST X OF SECTION 20 AND PART OF THE NORTHWEST X OF SECTION
21 ALL IN TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPLE
MERDIAN, IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS,SAID PLAT OF
SUBDIVISION BEING RECORDED ON JULY 17, 1992 AS DOCUMENT 92K51034 IN THE
OFFICE OF THE RECORDER OF DEEDS OF KANE COUNTY ILLINIOS
PARCEL 2
NON-EXCLUSIVE EASEMENT FOR PARKING AND INGRESS AND EGRESS PURSUANT
TO THAT OPERATION AND EASEMENT AGREEMANT RECORDED AUGUST 16,1991
AS DOCUMENT 91 K45166.
PARCEL 3
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURSUANT TO THAT
DECLERATION RECORDED JULY 25, 1994 AS DOCUMENT 94K058635.
(Commonly known as 2455 South Street)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
I. Substantial conformance to the Development Application submitted by RDK Ventures
LLC as applicant and property owner, received March 12, 2021 and supporting
documents including:
a. Undated narrative letter received March 22, 2021;
b. ALTA/ACSM Land Title Survey, prepared by Harrington Land Surveying, Ltd..,
dated November 5, 2009, last revised November 20, 2009;
c. As-Built floor plan, prepared by Tzveta Radeva, dated June, 24, 2019, last revised
September 3, 2020, and received March 8, 2021, with such further revisions as
requested 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 sale of any beer or malt products by the single container is not permitted. The sale
of any single container of alcoholic liquor, other than beer, with a volume of the
container less than 25.36 fluid ounces (or approximately 750 milliliters) is not
permitted.
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3. Consumption of alcoholic beverages on the premises is not permitted.
4. All street graphics must comply with the zoning ordinance requirements.
5. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect u its passage in the
manner provided by law.
David J. Kkfain,Mayor
Presented: July 14, 2021
Passed: July 14, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 14, 2021
Published: July 16, 2021 'x3 '
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Attest:
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Kimberly Dewis, City Ubferk
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EXHIBIT A
June 7, 2021
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 17-21, an application by
RDK Ventures, LLC, as applicant and 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 2455 South Street.
GENERAL INFORMATION
Petition Number: 17-21
Property Location: 2455 South Boulevard
Requested Action: Conditional Use
Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. AB Area 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: RDK Ventures LLC
Owner RDK Ventures LLC
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial/Location May
B. Zoning May
Recommendation & Findings of Fact
Petition 17-21
June 7,2021
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
RDK Ventures, LLC, as applicant and property owner, is 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 2455 South Street.
The 1.4-acre property rn located at the southwest comer of S.Randall Road and South Street is zoned
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AB Area Business District and ARC Arterial Road Corridor Overlay District. The property is
improved with a 1,989-square foot convenience store building,six double-sided fuel pump islands
(three north and three south of the building with a total of 12 fueling stations), and a 1,308-square
foot car-wash building with one car bay. A canopy supported by columns covers the convenience
store building and the fuel pump islands. The property includes 13 striped parking stalls. The
access to the property is via two access driveways,both located on South Street.
All surrounding properties are also zoned AB Area Business District due to the proximity to S.
Randall Road. The property to the north and west across South Street is the Otter Creek Shopping
Center with several buildings, outlots, and tenants, anchored by Target retail store. The property
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Figure 1:Area map with zoning overlay
Recommendation & Findings of Fact
Petition 17-21
June 7, 2021
adjacent to the south is improved with a two-tenant commercial building home to Merlin 200,000
Miles motor vehicle repair shop and Batteries+retail store. The properties to the east include the
First Federal Savings bank at the southeast corner of S. Randall Road and South Street, and the
multi-tenant commercial building where most recently a drive-through service window was
approved for a Dunkin' restaurant.
RDK Ventures LLC,who owns and operates the Circle K/Shell gas station and convenience store
is requesting approval for accessory package liquor sales at the existing convenience store. The
applicant is proposing to sell only beer and wine. Retail goods would be rearranged to
accommodate the beer and wine. One rack with approximately 12-18 square feet of the retail floor
area, and approximately 30 square feet of the existing refrigerator storage (4 doors) would be
devoted to beer and wine display items. The area devoted to retail display of alcoholic beverages
is far less than the 10% (200 square feet)maximum permitted for accessory package liquor sales.
The consumption of alcohol on premises is not proposed and would not be permitted. As is the
case with all other convenience stores which sell alcohol,the sales of beer by one container would
also be prohibited.
The existing gas station and the convenience store is open 24 hours and the applicant is not
proposing any changes to its 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 2,000-square foot convenience store is required to provide 8 parking spaces, based on the
requirement for one parking space per 250 square feet of floor area. The existing car wash is
required two parking spaces per car wash bay, plus one parking space per employee. As an
automated car wash with no employees, the car wash is required to have two parking spaces. As
such the entire property is required to have a total of ten parking spaces. The proposed sales of
beer and wine would not change the parking requirement. With 13 parking spaces on site, the
property will continue to meet the parking requirement.
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Recommendation & Findings of Fact
Petition 17-21
June 7, 2021
FUEL PUMPS
PROPOSED WINE
AND BEER
DISPLAY AREA
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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
Speedway at 1570 Big Timber Road, the Shell at 2320 N. Randall Road, the 7-Eleven/Mobil gas
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Recommendation & Findings of Fact
Petition 17-21
June 7,2021
station at 811 E. Chicago Street, and most recently in 2019 for Mobil gas station at 1520 Big
Timber Road.
Accessory package liquor sales is listed as a conditional use in the AB Area 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 where the property is located was annexed to the city in 1990.
Upon annexation, the property was zoned B3 Service Business District. In 1992, the
property was rezoned to AB Area Business District as part of the comprehensive
amendment to the zoning ordinance. The subject property was established as Lot 4 part of
the Darlene McDermott Subdivision recorded in 1992. The existing gas station was
constructed in 1996.
B. Surrounding Land Use and Zoning. All surrounding properties are also zoned AB Area
Business District due to the proximity to S. Randall Road. The property to the north and
west across South Street is the Otter Creek Shopping Center with several buildings,outlots,
and tenants,anchored by Target retail store.The property adjacent to the south is improved
with a two-tenant commercial building home to Merlin 200,000 Miles motor vehicle repair
shop and Batteries+retail store.The properties to the east include the First Federal Savings
bank at the southeast corner of S. Randall Road and South Street, and the multi-tenant
commercial building where most recently a drive-through service window was approved
for a Dunkin' restaurant.
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.
D. Zoning District. The purpose and intent of the AB Area Business District is to provide
commodities and services to several neighborhoods,and in some instances to a community-
wide 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.
E. Trend of Development. The subject property is located along Randall Road commercial
corridor. Over the last 20 years, Randall Road has developed into City's primary
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Recommendation & Findings of Fact
Petition 17-21
June 7,2021
commercial retail corridor with wide range of retail and service uses serving city residents.
Due to its high volume of traffic as Kane County's primary arterial road, the uses along
Randall Road also provide services to residents from other surrounding communities.Most
developments along Randall Road are auto-oriented with surface parking lots in front of
small and large one-story commercial buildings. Typical uses include fast-food, fast-
casual, and sit-down restaurants, general retail stores, and motor-vehicles service stations
and repair shops.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 17-21 on June 7,2021.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 June 7, 2021.
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. 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, and includes a one-bay automatic car wash building. The
proposed packaged sales of beer and wine 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
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Recommendation & Findings of Fact
Petition 17-21
June 7, 2021
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 to South Street.There
is no direct access to Randall Road.The property maintains a safe and efficient on-site and
off-site vehicular circulation. The proposed use will not have any negative effect on the
existing on-site and off-site traffic circulation.
Per the zoning ordinance,the existing Circle K convenience food store with the automated
car wash is required to provide a total of 10 parking spaces (one parking space per 250
square feet of floor area for the convenience store, and two parking spaces per car wash
bay plus one parking space per employee). With a total of 13 parking spaces on site, the
property meets the parking requirement.
The addition of accessory package liquor sales would not significantly alter the parking
demand. The property would continue to have adequate parking and traffic configuration.
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 a busy arterial
road and services not only the immediate neighborhood,but a population from a larger area
as well. The proposed sales of packaged beer and wine at the convenience store is similar
to other motor vehicle service stations that offer packaged liquor. No alcoholic beverages
will be offered as single-serve packages, and there would be no alcohol sales for on-site
consumption.
While the existing motor vehicle service station and the convenience store are open 24
hours, 7 days a week, 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 typical 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-
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Recommendation & Findings of Fact
Petition 17-21
June 7, 2021
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 17-211, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by RDK Ventures
LLC as applicant and property owner,received March 12,2021 and supporting documents
including:
a. Undated narrative letter received March 22,2021;
b. ALTA/ACSM Land Title Survey, prepared by Harrington Land Surveying, Ltd..,
dated November 5, 2009, last revised November 20,2009;
c. As-Built floor plan, prepared by Tzveta Radeva, dated June, 24, 2019, last revised
September 3, 2020, and received March 8, 2021, with such further revisions as
requested 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 sale of any beer or malt products by the single container is not permitted. The sale of
any single container of alcoholic liquor, other than beer, with a volume of the container
less than 25.36 fluid ounces(or approximately 750 milliliters) is not permitted.
3. Consumption of alcoholic beverages on the premises is not permitted.
- 8 -
Recommendation & Findings of Fact
Petition 17-21
June 7, 2021
4. All street graphics must comply with the zoning ordinance requirements.
5. 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. One member was 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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Subject Property
Petition 17-21
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EXHIBITA Aerial/Location Map
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Map prepared by City of Elgin o so 120 240 sso aSFeet
Department of Community Development
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Subject Property
Petition 17-21
AB
MFR
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Legend m `
QRC Residence Conservation 1 Q
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation PMFR RC1
Q SFR1 Single Family Residence 1
PSFR1 Planned Single Family Residence 1
O SFR2 Single Family Residence 2
O PSFR2 Planned Single Family Residence 2
OTRF Two Family Residence
QPTRF Planned Two Family Residence
O MFR Multiple Family Residence
O PMFR Planned Multiple Family Residence
ORB Residence Business
O PRB Planned Residential Business PCF
®NB Neighborhood Business
-PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2 L
-PCC Planned Center City I
-ORI Office Research Industrial i
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-PORI Planned Office Research Industrial N
-GI General Industral 4)
-PGI Planned General Industrial
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-Cl Commercial Industrial a
-CIF Community Facility Cr1
-PCF Planned Community Facility
GIS.DBO.FoxRiver RC1 PAB
EXHIBIT Zoning Map "
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Map prepared by City of Elgin 0 80 160 320 480 64Feet
Department of Community Development
Subject Property
2455 South St. -- - - --
Petition 17-21
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EXHIBIT Parcel Map N
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City of Elgin o 15 30 60 90 120
Department of Community Development i Feet
EXHIBIT D
SITE LOCATION
2455 South Street
Petition 17-21
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Bird's eye view looking west
EXHIBIT D
SITE LOCATION
2455 South Street
Petition 17-21
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West side of the gas station convenience store
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Gas pump islands north of the convenience store