HomeMy WebLinkAboutG50-22 Ordinance No. G50-22
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
ESTABLISHMENT IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL
ROAD CORRIDOR OVERLAY DISTRICT
(526 Dundee Avenue, Suite B)
WHEREAS,written application has been made for a conditional use to establish accessory
package liquor sales within the convenience store at 526 Dundee Avenue, Suite B; and
WHEREAS, the zoning lot with the building containing the premises at 526 Dundee
Avenue, Suite B, is legally described herein(the"Subject Property"); and
WHEREAS,the Subject Property is located within the RB Residence 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 RB Residence Business District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on July 11, 2022, 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 pertairting to its government and affairs; and
WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use
in the RB Residence 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 July 11, 2022, 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
is hereby granted for the property commonly known as 526 Dundee Avenue, Suite B,which is part
of the property commonly identified by Kane County Property Index Number 06-12-376-026,and
legally described as follows:
Lots 8 and 9 of Knott Heirs Subdivision of Lots 1,2,3,4 and 5 of John P. Knott's
Subdivision of Lot 2 in block 26 of P.J Kimball Jr.'s third addition to Elgin, in the City of
Elgin, Kane County, Illinois.
(Commonly known as 526 Dundee Avenue)
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 Maria Zavala,
as applicant, and Maria Zavala and Eduardo Guerrero, as property owners, received
April 22, 2022 and supporting documents including:
a. Undated Statement of Purpose and Conformance, dated received May 10, 2022;
b. Plat of Survey,prepared by Hattendorf Land Surveying, dated June 25, 2014;
c. General Site Plan,prepared by United Architects Ltd.,dated January 21,2015,with
such further revisions as required by the Community Development Director; and
d. Undated Floor Plan 526 Ste B Dundee Ave Elgin IL 60120,received May 18,2022,
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 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.
4. All exterior street graphics must comply with the zoning ordinance requirements.
5. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
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Presented: August 24, 2022 x
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Passed: August 24, 2022
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 24, 2022
Published: August 24, 2022
Attest• -��Y
imberly Dewis, Cit erk
3
EXHIBIT A
July 11, 2022
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written fmdings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 19-22, an application by
Maria Zavala, as applicant, and Maria Zavala and Eduardo Guerrero, as property owners,
requesting a conditional use to permit accessory package liquor sales as part of the proposed
convenience food store at the property commonly referred to as 526 Dundee Avenue, Suite B.
GENERAL INFORMATION
Petition Number: 19-22
Property Location: 526 Dundee Avenue, Suite B
Requested Action: Conditional Use for accessory package liquor sales establishment
Current Zoning: RB Residence Business District and ARC Arterial Road Corridor
Overlay District
Proposed Zoning: No change. RB Residence Business District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant commercial tenant space
Proposed Use: Convenience food store with accessory package liquor sales
Applicant Maria Zavala
Owner: Maria Zavala and Eduardo Guerrero
Staff Coordinator: Damir Latinovic, Senior Planner
Exhibits Attached: A. Aerial/Location Map
Recommendation & Findings of Fact
Petition 19-22
July 11,2022
B. Zoning May
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Maria Zavala, as applicant, and Maria Zavala and Eduardo Guerrero, as property owners, are
requesting a conditional use to permit accessory package liquor sales as part of the proposed
convenience food store at the property commonly referred to as 526 Dundee Avenue, Suite B.
The 13,475-square foot property, zoned RB Residence Business District, is located at the
northwest corner of Dundee Avenue and Plum Court. The property is improved with an
approximate 2,500-square foot, one-story commercial building and accessory parking lot with 13
parking spaces. The commercial building includes two tenant spaces. Zavala Enterprises, a
fmancial services.office providing income tax preparation services, money transfers, and bill
payments, occupies the eastern half of the building facing Dundee Avenue. Zavala Enterprises is
also owned by the applicant, who owns the entire property. The 1,300-square foot subject tenant
space occupies the western half of the building and is currently vacant.This tenant space was most
recently occupied by a Farmers insurance office.A two-story home that includes two one-bedroom
residential units is also located on the property and is facing Plum Court. The property has a one-
way entrance driveway on Dundee Avenue with the exit driveway from the parking lot located on
Plum Court.
The properties to the north and east along Dundee Avenue are also zoned RB Residence Business
District. Those properties are improved with single-family homes. The property adjacent to the
west is zoned RC3 Residence Conservation District and is improved with a single-family residence
that was converted into three residential units. The property to the south across Plum Court is
zoned AB Area Business District and is improved with the CVS drugstore and accessory parking
lot.
-2-
Recommendation& Findings of Fact
Petition 19-22
July 11, 2022
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Figure 1:Site area map with zoning overlay
Proposal
The applicant is requesting approval to sell accessory packaged beer,wine,and hard spirits as part
of the proposed convenience food store. The convenience food store is a permitted use in the RB
District, however accessory package liquor sales is a conditional use requiring the review by the
Planning and Zoning Commission and final approval by the City Council.
The proposed convenience store would sell small household items typical for convenience stores
including but not limited to food, snacks, tobacco products, and Illinois lottery tickets. The store
would be open daily from 10 am to 10 pm. The applicant would designate less than 10% of the
convenience store floor area(approximately 96 square feet in total)for display of packaged liquor.
No consumption of alcohol on the premises is requested and it would not be permitted. Single-
serve packages of beer and malt beverages would also not be permitted.
The applicant is not proposing any changes to the existing building. Retail goods would be
rearranged to accommodate beer, wine, and hard spirits products in several coolers and several
retail racks.No changes are proposed to the exterior of the building.The applicant is not proposing
any new signage at this time.Any future exterior graphics would have to meet the zoning ordinance
requirements.
- 3 -
Recommendation & Findings of Fact
Petition 19-22
July 11,2022
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Figure 2:Proposed floor plan for the convenience store
The 1,300-square foot convenience store is required to have 5 parking spaces based on the
requirement for one parking space per 250 square feet of floor area.With the proposed convenience
store,the existing financial services office in the building, and the two residential units, the entire
property is required to have 13 parking spaces. With 13 parking spaces in the existing on-site
parking lot,the property meets the parking requirement.
If the conditional use (zoning approval) for the accessory package liquor sales is granted, the
applicant must apply for and obtain a liquor license before any sale of packaged liquor 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.
-4-
Recommendation & Findings of Fact
Petition 19-22
July 11,2022
The Community Development Department offers the following additional information:
A. Property History. The subject property was zoned E Commercial District with the first
zoning ordinance in 1927. By 1950 the property was rezoned to B Residential District. In
1962, the property was rezoned to B 1 Retail Business District. In 1992, the property was
rezoned to RB Residence 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.
Both the existing commercial building and the two-unit residence were constructed in
1960.
B. Surrounding Land Use and Zoning. The properties to the north and east along Dundee
Avenue are also zoned RB Residence Business District. Those properties are improved
with single-family homes. The property adjacent to the west is zoned RC3 Residence
Conservation District and is improved with a single-family residence that was converted
into three residential units. The property to the south across Plum Court is zoned AB Area
Business District and is improved with the CVS drugstore and accessory parking lot.
C. Comprehensive Plan. The subject property is designated as"Multi-family"by the City's
2018 Comprehensive Plan. Multi-family development consists of structures that have
multiple dwelling units that are stacked vertically and feature common entrances,
stairways,and amenities. Similar to single-family attached development,there are a variety
of multi-family residential development throughout the City including apartments,
condominiums,and senior housing.The Housing Authority of Elgin also maintains several
multi-family public housing communities. Multi-family development should be
encouraged along major corridors where it can serve as a buffer between commercial areas
and single-family neighborhoods, as with single-family attached development, properties
in and around Downtown Elgin should be targeted for multi-family development where
residents are in proximity to numerous community amenities. Multi-family infill of
appropriate scale and character should be encouraged while the conversation of single-
family homes to multi-family structures should be discouraged. Densities should range
from 8 to 140 du/ac. New development exceeding 60 dwelling units to the acre should be
within or immediately adjacent to the Downtown Mixed-Use area identified on the
Residential Areas Framework Plan and/or at rail stations. Notwithstanding this suggested
range, existing multi-family developments should proceed cautiously when considering
increasing the existing density. Minimally, factors to consider when evaluating such a
proposal include the context and character of the site and surrounding development pattern,
availability of parking and mass transit, existing natural resources and open space, and
appropriate accommodations for stormwater.
D. Zoning District. The purpose and intent of the RB Residence Business District is to
conserve the residential character of certain properties located within transportation
- 5 -
Recommendation & Findings of Fact
Petition 19-22
July 11, 2022
corridors as designated by the Official Comprehensive Plan by providing various use
alternatives,but with site design regulations in keeping with a residential environment.
E. Trend of Development. The property is located along the Dundee Avenue corridor. This
commercial corridor has historically been developed with small commercial developments
on small lots serving the surrounding neighborhoods of northeast Elgin. Typical
commercial uses include small insurance,real estate or law offices,retail service uses such
as hair salons, and fast-food restaurants. Dundee Avenue has not experienced any
significant new development in recent years. Most recent improvements to other properties
along the corridor include the renovation of the Wendy's Restaurant at 1001 Dundee
Avenue and the conversion of the former Arby's Restaurant into Dunkin'/Baskin Robbins
restaurant at 1169 Dundee Avenue. Staff anticipates the corridor will continue to see
reinvestment in existing commercial properties serving the area residents, and possible
construction of small-scale multi-family developments.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 19-22 on July 11,2022.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 July 11, 2022.
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 2,500-square foot commercial
building, a two-story home that was converted into two residential units and the accessory
parking lot with 13 parking spaces.The proposed accessory packaged sales of liquor would
be part of the new convenience store without any necessary changes to the building or the
site. The proposed conditional use for accessory package liquor sales within the
-6-
Recommendation & Findings of Fact
Petition 19-22
July 11,2022
convenience food store is similar to motor vehicle service stations that also sell packaged
liquor as part of their convenience stores. 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 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
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 access to the on-site parking lot is from Dundee Avenue,
while the exit driveway from the parking lot is located on Plum Court. Plum Court
intersects and provides access to Dundee Avenue. The property maintains a safe and
efficient on-site vehicular circulation. The proposed addition of accessory package liquor
sales will not have any negative effect on the existing on-site and off-site traffic circulation.
The 1,300-square foot convenience store is required to have 5 parking spaces based on the
requirement for one parking space per 250 square feet of floor area. With the proposed
convenience store, the existing financial services office in the building, and the two
residential units,the entire property is required to have 13 parking spaces. With 13 parking
spaces in the existing on-site parking lot,the property meets 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 property is located along Dundee Avenue corridor that has
historically been developed with a variety of retail service uses serving the residents of
surrounding neighborhoods. The proposed convenience store with accessory packaged
liquor is similar to other motor vehicle service stations with convenience stores along
- 7-
Recommendation & Findings of Fact
Petition 19-22
July 11,2022
Dundee Avenue and other arterial corridors that offer packaged liquor. No beer or malt
beverages will be offered as single-serve packages,and there would be no alcohol sales for
on-site consumption.
The sale of alcoholic beverages would be limited by the B-4 liquor license, which is
typically issued to 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—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 or
the site. No evidence has been submitted or found that the proposed conditional use for
accessory package liquor sales part of the future convenience store 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.
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 19-22, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Maria Zavala, as
applicant, and Maria Zavala and Eduardo Guerrero, as property owners,received April 22,
2022 and supporting documents including:
a. Undated Statement of Purpose and Conformance, dated received May 10,2022;
b. Plat of Survey,prepared by Hattendorf Land Surveying, dated June 25,2014;
c. General Site Plan,prepared by United Architects Ltd.,dated January 21,2015,with
such further revisions as required by the Community Development Director; and
d. Undated Floor Plan 526 Ste B Dundee Ave Elgin IL 60120,received May 18,2022,
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
- 8 -
Recommendation & Findings of Fact
Petition 19-22
July 11, 2022
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.
4. All exterior 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. 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
-9-
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Petition 19-22
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EXHIBITA Aerial/Location Map
Map prepared by City of Elgin o zo ao ao 120 6Feet
Department of Community Development
RC2
RC3
Lovell St
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Algona Ave
RC3
Subject Property NB
Petition 19-22
Jefferson Ave
Jefferson Ave
a
RB
Legend Enterprise St
QRC1 Residence Conservation 1 RC3
QRC2 Residence Conservation 2
QRC3 Residence Conservation 3 Plum
QPRC Planned Residence Conservation
QSFR1 Single Family Residence 1 d
OPSFR1 Planned Single Family Residence 1 Q,
Q SFR2 Single Family Residence 2 aQi�
OPSFR2 Planned Single Family Residence 2 JC
QTRF Two Family Residence Q
QPTRF Planned Two Family Residence
OMFR Multiple Family Residence
QPMFR Planned Multiple Family Residence
QRB Residence Business
QPRB Planned Residential Business B
NB Neighborhood Business B
PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2
v
-PCC Planned Center City CO)
-ORI Office Research Industrial O
- ont St
PORI Planned Office Research Industrial
-GI General Industrial c� RC3
®PGI Planned General Industrial Z
CI Commercial Industrial C. F
®CF Community Facility
Q-CF Planned Community Facility
EXHIBIT Zoning Map A"
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Map prepared by City of Elgin 0 55 110 220 330 440
Department of Community Development Feet
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Subject Property
- 1 - ------- --�- J 526 Dundee Ave.
Petition 19-22
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EXHIBIT Parcel Map N
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City of Elgin 0 5 10 20 30 40
Department of Community Development i Feet
EXHIBIT D
SITE LOCATION
526 Dundee Avenue, Suite B
Petition 19-22
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Bird's eye view looking north
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Bird's eye view looking south
EXHIBIT D
SITE LOCATION
526 Dundee Avenue, Suite B
Petition 19-22
Location of tht
proposed convenience
food store
View of the property from Dundee Ave looking north
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View of the property from Dundee Ave looking west