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HomeMy WebLinkAboutG9-25 Ordinance No. G9-25 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (789 Summit Street) WHEREAS, written application has been made requesting conditional use approval to establish accessory package liquor sales at 789 Summit Street; and WHEREAS,the zoning lot with the building containing the premises at 789 Summit 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 February 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 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 February 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. 1 Section 2. That a conditional use for an accessory package liquor sales establishment [SR] (UNCL), is hereby granted for the property commonly known as 789 Summit Street, which is commonly identified by the Cook County Property Index Number 06-07-302-048-0000, and legally described as follows: LOT 1 IN W.R.M.N. RADIO PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 19, 1972 AS DOCUMENT 21944118, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. (Commonly known as 789 Summit 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 Brijesh Vyas, as applicant, and Ahmed Zandan, as property owner, received January 13, 2025 and supporting documents including: a. Undated Statement of Purpose and Conformance letter, received January 9, 2025; b. Plat of Survey, prepared by R.H. Granath Surveying Service, P.C., dated January 8, 2020; c. Marked-up Plat of Survey, prepared by R.H. Granath Surveying Service, P.C., dated January 8, 2020,dated received January 30,2025, with such further revisions as required by the Community Development Director; d. Building floor plan Sheet 1, prepared by Hivan Design, dated October 24, 2024, with such further revisions as required by the Community Development Director; and e. Building elevations, Sheet 2, prepared by Hivan Design, dated October 24, 2024, 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. 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. 2 Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kap in, ayor Presented: March 12, 2025 Passed: March 12, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: March 12, 2025 Published: March 12, 2025 Map 4&‘/ 9 Kimber y Dew s, ' Clerk 3 ATTACHMENT A February 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 01-25, an application by Brijesh Vyas as applicant,and Ahmed Zandan,as property owner,are 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 789 Summit Street. GENERAL INFORMATION Petition Number: 01-25 Property Location: 789 Summit Street 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: Brijesh Vyas Owner Ahmed Zandan Staff Coordinator: Damir Latinovic, AICP, Senior Planner Recommendation& Findings of Fact Petition 01-25 February 3,2025 Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Brijesh Vyas as applicant,and Admed Zandan,as property owner,are 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 789 Summit Street. The 0.5-acre property located at the southeast corner of Summit Street and Hiawatha Drive is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District.The property is improved with an approximately 2,000-square foot convenience store building and four double- sided fuel pump islands(eight fueling stations). A canopy supported by columns covers three fuel pump islands north of the convenience store building along Summit Street.The fourth pump island is located west of the convenience store building and is not covered by a canopy. The property includes 14 striped parking stalls.The access to the property is via four full access driveways,two located on Summit Street and two located on Hiawatha Drive. To the south, east, and north, the property is surrounded by AB Area Business District or PAB Planned Area Business District commercially-zoned properties.The property adjacent to the south is improved with Aldi grocery store. The property adjacent to the east is improved with two one- story commercial buildings. One building includes a dental office and a physical therapy office, while the other building is home to Walgreens pharmacy. The property to the north across Summit Street is improved with Elgin Fresh Market grocery store and a smaller commercial building home to a veterinary clinic. The property to the west,across Hiawatha Drive, is zoned CF Community Facility District and is improved with four baseball fields. -2- Recommendation & Findings of Fact Petition 01-25 February 3, 2025 4 -„,.......0,„„„mr---lit 'N. ! \ • f toril,,, 111111, [i • .. •• r r r . . ii, 44 I *10 i 1 fV 0it 6 "Pa .r - a„,, T a 1 I " 41 ' 1 et ,"I, ilia"' ; i' `1 ‘ r trio, -: view ii,_ Ii mmisk=m) =1 WAND AVE Figure 1:Area map with zoning overlay Proposal The applicant, part of the new management team that operates the existing Mobil Gas station and convenience store at 789 Summit Street, 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 and other alcohol products on one retail shelf near the center of the store. The hard liquor products would be kept behind the sales check-out counter. All alcohol display areas total approximately 60 square feet of floor area, which is less than 10 percent of the 2,000-square foot convenience store building (200 square feet), 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 a.m. to 12 a.m. The applicant is not proposing any changes to the hours of operation. If the liquor license is approved, the applicant is proposing to make exterior improvements to the building and the site.The applicant is proposing to renovate the exterior of the building with a new - 3 - Recommendation &Findings of Fact Petition 01-25 February 3,2025 facade that would feature brick base and contemporary fiber cement panels and stucco walls on all sides. In addition, the applicant would install new landscaping throughout the site to enhance the appearance of the building. While the property is largely impervious, the applicant would install one new shade tree within the landscape island along Hiawatha Drive,and additional shrubs within the landscape islands along Summit Street. The applicant will also install a new, white, six-foot- high vinyl fence around the rear of the convenience store building with additional landscaping on the perimeter of the new fence facing Aldi grocery store. AREAS FOR DISPLAY OF ALCOHOL PRODUCTS r_ t r.1 7 ! • . � iw ura (...• r ns r e•v ' ; .IiO Q �� Ca:U KI R I .y W. ` D ,� 1 +D I NSW K. NM a•MX I ILl2 w1Y K. OM l J' Figure 2:Building floor plan The applicant is also required to modify the existing monument sign, which was installed incorrectly upon a sign permit issued in 2012. The monument sign currently encroaches onto the existing access driveway from Hiawatha Drive. The monument sign will be relocated to the existing landscape island at corner of Summit Street and Hiawatha Drive with new landscaping around the base of the sign, as was originally approved. Any future exterior graphics would have to meet the zoning ordinance requirements. -4- Recommendation & Findings of Fact Petition 01-25 February 3,2025 Existing monument sign to be relocated to landscape island A. • - a -r1 Iii: ...1 M�it - I, ✓ 1.. ` UMp7 / \ . "ow Figure 3:Existing monument sign to be corrected and relocated to the landscape island The 2,000-square-foot convenience store is required to provide eight 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 14 parking spaces on site, the property will continue to meet the parking requirement. 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 with a convenience store, 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 station at 811 E.Chicago Street,the Mobil gas station at 1520 Big Timber Road,the Circle IC/Shell gas station at 2455 South Street, 7-Eleven/Mobil gas station at 1570 N. Randall Road, Marathon -5 - Recommendation & Findings of Fact Petition 01-25 February 3,2025 gas station at 500 S. McLean Boulevard, new QuikTrip gas station at 1700 N. Randall Road, and most recently in 2023 for the new Thornton's gas station at 1630 Villa Street. In 2022, the City also approved accessory package liquor sales and a liquor license for a new convenience store at 526 Dundee Avenue. That convenience store was never established. 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 subject property was annexed to the City in 1963. 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. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing gas station and convenience store was constructed in 1975. B. Surrounding Land Use and Zoning. To the south, east, and north, the property is surrounded by AB Area Business District or PAB Planned Area Business District commercially zoned properties. The property adjacent to the south is improved with Aldi grocery store.The property adjacent to the east is improved with two one-story commercial buildings. One building includes a dental office and a physical therapy office, while the other building is home to Walgreens pharmacy. The property to the north across Summit Street is improved with Elgin Fresh Market grocery store and a smaller commercial building home to a veterinary clinic. The property to the west, across Hiawatha Drive, is zoned CF Community Facility District and is improved with four baseball fields. 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 of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population.AB zoning districts are limited by the applicable site design -6- Recommendation & Findings of Fact Petition 01-25 February 3,2025 regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC1 Center City District. E. Trend of Development. The subject property is located along Summit Street just east of Hiawatha Drive. Since the early 1980s, the Summit Street corridor between Hiawatha Drive on the west and Shady Oaks Drive on the east has developed into the main commercial area on the east side of Elgin.Anchored by two large food stores(Elgin Fresh Market and Jewel Osco), the corridor includes a variety of office, retail, and service uses, including fast food restaurants,motor vehicle repair shops,banks, and various retail goods stores. Most properties are developed with one-story commercial buildings with accessory surface parking lots. The City anticipates the corridor will continue to function as the primary commercial area on the east side of Elgin providing commercial goods and services to the surrounding neighborhoods and in some instances the larger community- wide population. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 01-25 on February 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 February 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. 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. If the liquor license is approved, the applicant is proposing to make exterior improvements to the building and install new landscaping to enhance the appearance of the property. The proposed packaged sales of beer, wine, and liquor would be part of the existing convenience store. The proposed conditional use for accessory package liquor sales at the existing convenience store is similar to other motor vehicle -7 - Recommendation & Findings of Fact Petition 01-25 February 3,2025 service stations that also sell packaged liquor. 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 four existing access driveways; two to Summit Street and two to Hiawatha Drive. 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. The applicant will relocate the existing monument graphic which encroaches into one of the existing access driveways to Hiawatha Drive to the landscape island at the northwest corner of the property.This will improve the circulation to and from the site. The 2,000-square-foot convenience store is required to provide eight 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 14 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. -8 - Recommendation& Findings of Fact Petition 01-25 February 3,2025 While the existing motor vehicle service station and the convenience store is open daily from 5 am to 12 am, 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. If the liquor license is approved, the applicant will make improvements to the exterior of the building,and will install additional landscaping throughout the site,both of which will enhance the appearance of the property.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 01-25, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Brijesh Vyas, as applicant, and Ahmed Zandan, as property owner, received January 13, 2025 and supporting documents including: a. Undated Statement of Purpose and Conformance letter, received January 9, 2025; b. Plat of Survey, prepared by R.H. Granath Surveying Service, P.C., dated January 8,2020; c. Marked-up Plat of Survey, prepared by R.H. Granath Surveying Service, P.C., dated January 8,2020,dated received January 22,2025,with such further revisions as required by the Community Development Director; d. Building floor plan Sheet 1, prepared by Hivan Design, dated October 24, 2024, with such further revisions as required by the Community Development Director; and e. Building elevations, Sheet 2, prepared by Hivan Design, dated October 24, 2024, -9- Recommendation & Findings of Fact Petition 01-25 February 3,2025 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 tenns 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 six(6)yes,zero(0)no, and zero(0)abstentions. All members were present. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 10- . 1, Ira* II' ' A ' I Ill I I r • SUMMIITST Subject Property Oh* lc Petition 01 -25 •�. ►�i - Al f. j J - i I /� , ,lit- , . , " � Lw.r. mot! 5 . _ , I • i •L�Ir L ,.i ' ` 'el _ lio'N. , : i. I i, t . j, ram. \y a4 . I _ 'N e:cf. '" *7;4 it„ Dirtl 1111 111011111L —_ • EXHIBIT A Aerial/Location Map ,,,+ , 0 5 10 20 30 40 ICCIIIMIO Feet Map prepared by City of Elgin\Department of Community Development Subject Property 1. Petition 01 -25 atzrztzul AB. Legend ZONING RC 1-Residence Conservation 1 ORC2-Residence Conservation 2 11.111 RC3-Residence Conservation 3 OPRC-Planned Residence Conservation OSFR1-Single Family Residence 1 ' OSFR2-Single Family Residence 2 QPSFR1-Planned Single Family Residence 1 OPSFR2-Planned Single Family Residence 2 QTFR-Two Family Residence - - PTFR-Planned Two Family Residence Q MFR-Multiple Family Residence QPMFR-Planned Multiple Family Residence QRB-Residence Business OPRB-Planned Residence Business QNB-Neighborhood Business PNB-Planned Neighborhood Business "NAB-Area Business PAB-Planned Area Business 4 -CC 1-Center Crty 1 CC2-Center City 2 PAB PCC-Planned Center City PCC2-Planned Canter City 2 ORI-Office Research Industrial -PORI-Planned Office Research Industrial -GI-General Industrial PGI-Planned General Industrial -CI-Commercial Industrial -CF-Community Facility PCF-Planned Community Facility EXHIBIT B Zoning Map N w ® e 0 12.5 25 50 75 100 Feet Map prepared by City of Elgin\Department of Community Development Subject Property 789 Summit St Petition 01 -25 06073020480000 z x EXHIBIT C Parcel Map A City of Elgin o 5 10 20 30 40 Department of Community Development mom Feet EXHIBIT D SITE LOCATION 789 Summit Street Petition 01-25 Sub ect pro..rt . /14 Evanston Elgin Road(IL 58) -"IIIII -...mk--- '-- —. ../, . L : r• _ _s ININst , 1 • . -, - -4 ) . J i I.. 1 . 1••••NU - • . .1 i ext .,. . . ,41,1 i 0 op ..,...i 41.r f 1. II Bird's eye view looking north -,- - - _ ,,--, ..„1„.„..... ill . ... .., .,.. . . ... a. - ; a• _ , ;Ette •• ., _fl tOP , i _-=, , ., . ,otthk , .. 40 k et klit* t.Lt. 4. 4,,Ct tIr C • ....... , 40,1 IA t a I iii , d e e t et Omar it .."1"' , jk :; e En° !. , 1:3 1 to At . •••-tit ,•at• 11 :___:k — 0 .,. ...... c =.1.1riir 4.11 Ler L. t, 6. ce - gip A - 4b•ii. il Ail IM ik,k 0 ' '• iso & fi t Ea LitIrl ikre..^) a ,A ot, ..• C - AP,' 1, v) • .i a -• ii; c 46.i. As --IP > , Hi watha Drive - -..........._......_. .. .1 i 1- .. - - -- 1 \ I Sutiect pro.erty - - • ... = ... < t' ro , C i ro -'' • Bird's eye view looking east EXHIBIT D SITE LOCATION 789 Summit Street Petition 01-25 1 • r♦ a t FOO MART a■rrr a ■ • View of the property from Summit Street. _ ' The view of the property from Hiawatha Drive