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HomeMy WebLinkAboutG7-23 Ordinance No. G7-23 AN ORDINANCE AMENDING ORDINANCE NO. G12-15 WHICH GRANTED A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT AN EXISTING GENERAL MERCHANDISE STORE (725 West Chicago Street) WHEREAS,by adopting Ordinance No. G12-15 on May 6,2015,the City Council granted a conditional use for accessory package liquor sales at an existing general merchandise store at 725 West Chicago Street, and WHEREAS, written application has been made to amend Ordinance No. G 12-15 to allow street graphics advertising the sale of alcohol on the premises, and to allow sales of package beer in either bottles or cans as a single unit; and WHEREAS,the zoning lot with the building containing the premises at 725 West Chicago Street is legally described in Section 2 of Ordinance No. G12-15; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on December 5, 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 pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to conditional use Ordinance No. G 12-15 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 December 5, 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. 1 Section 2. That condition 5. of Section 2. of Ordinance No. G12-15 is hereby deleted in its entirety. Section 3. That condition 6. of Section 2. of Ordinance No. G12-15 is hereby deleted in its entirety. Section 4. That except as amended herein, the conditional use for accessory package liquor sales at an existing general merchandise store located at 725 West Chicago Street shall be controlled pursuant to the provisions of Ordinance No. G12-15. In the event of any conflict between this ordinance and Ordinance No. G12-15,this ordinance and associated documents shall control and prevail. Section 5. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. 4/11 / crez David J. Ka in, ayor Presented: January 25, 2023 Passed: January 25, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: January 25, 2023 Published: January 25, 2023 Atte f --u ¢ URBS F, s � Kimberly Dewis,Cit ler5 , . ,, 1 EXHIBIT A December 5, 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 findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 45-22, an application by Suze Sarrazin, as applicant, and Ram Food Store LLC, as property owner, requesting an amendment to conditional use Ordinance No. G12-15, which granted a conditional use for accessory package liquor sales at an existing general merchandise store, to (1) eliminate the prohibition of street graphics advertising the sale of alcohol, and (2) eliminate the prohibition of selling single unit bottles or cans of packaged beer,all of which at the property commonly referred to as 725 W. Chicago Street, more specifically identified by the Kane County Property Index Number 06-14-331-007. GENERAL INFORMATION Petition Number: 45-22 Property Location: 725 W. Chicago Street Requested Action: Amendment to Conditional Use for accessory package liquor sales establishment Ordinance No. G12-15 Current Zoning: NB Neighborhood Business District Proposed Zoning: No change.NB Neighborhood Business District Existing Use: General merchandise store with accessory package liquor sales Proposed Use: No change. General merchandise store with accessory package liquor sales Applicant Suze Sarrazin Recommendation & Findings of Fact Petition 45-22 December 5, 2022 Owner: Ram Food Store LLC Staff Coordinator: Damir Latinovic, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Suze Sarrazin, as applicant, and Ram Food Store LLC, as property owner, are requesting an amendment to conditional use Ordinance No. G 12-15, which granted a conditional use for accessory package liquor sales at an existing general merchandise store, to (1) eliminate the prohibition of street graphics advertising the sale of alcohol, and (2) eliminate the prohibition of selling single unit bottles or cans of packaged beer,all of which at the property commonly referred to as 725 W. Chicago Street, more specifically identified by the Kane County Property Index Number 06-14-331-007. The 10,112-square foot property,zoned NB Neighborhood Business District,is located on the near west side of Elgin at the southwest corner of W. Chicago Street and Sheridan Street. The property is improved with a 1,330-square foot one-story commercial building home to Ram Foods general merchandise store. The property includes a small parking lot with seven parking spaces. The property has two full access driveways,one on W. Chicago Street and the one on Sheridan Street. The properties to the west, north, and east are all zoned NB Neighborhood Business District. The property adjacent to the west is improved with two commercial buildings and a small parking lot between the two buildings. The building immediately adjacent to Ram Foods is vacant, while the other commercial building to the west is occupied by a glass retail store and contractor shop. The property to the north across W. Chicago Street is improved with Oak Tree Plaza multi-tenant shopping center, which is home to Golden Skillet and Mel's Pizza restaurants among others. The property to the east across Sheridan Street, zoned CF Community Facility District, is improved with City of Elgin Fire Station No. 6. The properties to the south are zoned RC2 Residence Conservation District and are improved with single-family homes. -2- Recommendation & Findings of Fact Petition 45-22 December 5,2022 • �isiltii� _ - _ , — ...4i; p _ '. -. __..r_ - ..lam'"' -.-- -. _ __._ _ - .. ..j , i . - li - 14 • Subect Pro sert Figure 1:Site area map with zoning overlay Proposal In 2015, the City approved a conditional use for accessory package liquor sales (beer, wine, and liquor)as part of the general merchandise store Ram Foods at 725 W.Chicago Street by Ordinance No. G12-15. The conditional use approval per Ordinance No. G12-15 is subject to several conditions, including among others, that(1) street graphics advertising the sale of alcohol on the premises are prohibited, and(2)package beer in either bottles or cans shall not be sold as a single unit. The applicant and owner of Ram Foods is now requesting to amend the conditional use approval to eliminate those two conditions. The applicant is not proposing any other changes to the conditional use approval or the operations of the store. The hours of operation are 8 am to 9 pm Monday through Friday and 10 am to 8 pm on Saturday and Sunday. There is currently no on-premise consumption of alcohol and none is proposed. -3 - Recommendation & Findings of Fact Petition 45-22 December 5, 2022 r . 411.11 pip • 1 � 1 • _ _.... - - am__ ^ .. y` M due Figure 2:The subject property at 725 W Chicago Street Signs advertising alcohol The two conditions for the prohibition of any signs advertising alcohol sales and the prohibition of alcohol sales in single-serve containers were originally adopted to minimize the impact alcohol sales could potentially have on the adjacent residential neighborhood, more specifically any loitering around the store and any litter on and around the subject property. Since the conditional use ordinance was approved, the US Supreme Court made a ruling that invalidated a Municipal Ordinance in Gilbert, Arizona which regulated signs differently based on their content. Since then, the City has made amendments to its Municipal Code to make the sign regulations content-neutral, which means regulating the signs based on their size and location and not based on the message of the sign. Ram Foods' prohibition of signs advertising alcohol is a regulation based on the content of the sign. The store is allowed to install signs but not those that -4- Recommendation & Findings of Fact Petition 45-22 December 5,2022 advertise alcohol. Therefore, staff supports eliminating the existing restriction. The applicant has stated that they would like to install only window signs to advertise alcohol products and sale. No changes are currently proposed to the existing wall sign and the existing non-conforming pylon sign. However, if the proposed amendment to conditional use is approved, changes to those signs to include messages advertising alcohol would be allowed. Sale of beer in individual containers The conditional use condition of prohibiting alcohol sales in single-serve containers was initially implemented to eliminate potential public nuisances associated with loitering and litter surrounding the establishments selling alcohol. In 2017,the City Council amended the liquor code to prohibit the sale of beer or malt products by the single container for off premise consumption at any retail store in the downtown area. The City overall, however, has not experienced any public nuisances associated with the sale of package liquor outside of the downtown area. Therefore,the adopted liquor code amendment applies only to downtown Elgin. The downtown area was defined as the area boarded by Kimball Street on the north, Dundee Avenue and Villa Street on the east, National Street on the south and State Street on the west, and includes properties on both sides of the boundary streets. Ram Foods is located outside of the downtown area. The immediate neighborhood surrounding the store has not experienced any public nuisances due to alcohol sales at the subject property.The police department has confirmed that they have not had any service calls for public nuisances due to alcohol sales at Ram Foods in the last four years. This is evidenced by the petition signed by over 80 neighborhood residents in support of eliminating the prohibition of beer sales in single- serve containers. Several other similar food stores located outside of the downtown area, including Super Saver Foods located at 776 Walnut Avenue, and Neighborhood Food and Liquor located at 805 Walnut Avenue,do not have such a restriction,and both are located within five blocks of Ram Foods.The immediate neighborhood surrounding Ram Foods does not experience pan handling and homelessness and staff supports eliminating the prohibition of alcohol sales in single serve containers at Ram Foods which negatively disadvantages Ram Foods when compared to its competitors. The proposed amendment to Conditional Use Ordinance No. G12-15 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 originally classified as B Residential District in 1927. The property was reclassified to B3 Services Business District in 1962. In 1992, the property was reclassified to NB Neighborhood Business District as part of a comprehensive amendment to the zoning ordinance. - 5 - Recommendation & Findings of Fact Petition 45-22 December 5, 2022 The existing commercial building was built in 1951. In 2009, the owner received occupancy approval for a food store and an eating place limited to an ice cream counter and a coffee/ice tea island. In 2015, the City approved an accessory package liquor sales establishment as part of the existing food store by Ordinance No. G12-15. B. Surrounding Land Use and Zoning. The properties to the west, north, and east are all zoned NB Neighborhood Business District. The property adjacent to the west is improved with two commercial buildings and a small parking lot between the two buildings. The building immediately adjacent to Ram Foods is vacant, while the other commercial building to the west is occupied by a glass retail store and contractor shop.The property to the north across W.Chicago Street is improved with Oak Tree Plaza multi-tenant shopping center, which is home to Golden Skillet and Mel's Pizza restaurants among others. The property to the east across Sheridan Street, zoned CF Community Facility District, is improved with City of Elgin Fire Station No. 6. The properties to the south are zoned RC2 Residence Conservation District and are improved with single-family homes. C. Comprehensive Plan.The subject property is designated as"Neighborhood Commercial" by the City's 2018 Comprehensive Plan. The neighborhood commercial land uses provide goods and services to local residents and sere day-to-day needs. Uses may include grocery stores, professional offices, retail shops, and local service providers. Development within neighborhood commercial areas should be compatible with an reflect the scale and character of the surrounding neighborhood.Mixed-use development should be encouraged within neighborhood commercial areas. 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 applicable site design regulations due to its function and resulting close proximity residences. E. Trend of Development. The subject property is located on the near west side of Elgin. It is part of a commercial node located along W. Chicago Street between Woodland Avenue on the east and Union Street on the west. The properties in and around this non-residential node have historically been developed with commercial and light-industrial uses. The Oak Tree Plaza shopping center anchors the area providing small to medium size tenant spaces for various types of retail uses and services. The area also includes several smaller buildings well-suited for small light-industrial and office uses.The area is home to a Dairy Queen, Golden Skillet, and Mel's Pizza restaurants, among others, and is also home to Elgin Fire Department's Station Six. Staff anticipates the area will remain occupied by a variety of non-residential uses serving the needs of residents in surrounding neighborhoods. -6- Recommendation & Findings of Fact Petition 45-22 December 5,2022 FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 45-22 on December 5, 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 December 5,2022. 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. The subject property is a regular shaped parcel containing approximately 10,112 square feet of lot area. The property is improved with a one-story commercial building and asphalt parking lot that cover the majority of the lot. A 6-foot high solid wood fence encloses the rear area of the building,and the site contains no natural features. The applicant is not proposing any changes to the building or the site. The proposed amendment to the conditional use regarding signs advertising alcohol sales and sales of alcohol in individual containers would not have any impact on the existing site characteristics. 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 served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities as part of the proposed amendment to the conditional 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. -7- Recommendation & Findings of Fact Petition 45-22 December 5,2022 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 subject property is located at the southwest corner of W. Chicago Street and Sheridan Street.W.Chicago Street is a collector street serving the west side of Elgin. Sheridan Street is a local street serving the surrounding neighborhood. The property includes a surface parking lot with a full access driveway to W. Chicago Street and a full access driveway to Sheridan Street. The property functions with safe on-site circulation,and the neighborhood does not experience any traffic congestion.The proposed amendment to the conditional use would not have any effect on the existing on-site and off-site circulation. The existing 1,330-square foot food store is required to provide five parking spaces. With seven parking spaces on site,the property meets the zoning ordinance 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 on the near west side of Elgin.While it is located within a neighborhood business district, the property is adjacent to the single-family residential neighborhood to the south. The food store was established in 2009 and accessory package liquor sales were added in 2015. The hours of operation,which are not proposed to change, are 8 am to 9 pm Monday through Friday and 10 am to 8 pm on Saturday and Sunday.The package liquor products are located within an existing 8-foot by 2-foot cooler,and the design of the store allows the employees to easily see the cooler from the cash register. 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 sales of package liquor since its inception in 2015 have had a negative impact on the immediate neighborhood. The police department has confirmed that they have not had any service calls for public nuisances due to alcohol sales at Ram Foods in the last four years. The proposed amendment to the conditional use to install signs advertising alcohol sales and alcohol sales in individual containers will not exercise any detrimental influence on the 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. -8- Recommendation & Findings of Fact Petition 45-22 December 5,2022 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 45-22, 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 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 four (4) yes, zero (0) no, and zero(0)abstentions. Three members were absent. Respectfully Submitted, s/Jav Cox -9- Recommendation & Findings of Fact Petition 45-22 December 5,2022 Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning&Zoning Commission - 10- a . ..,4,,J..... . i gif,:: „ ,.. ... pen".. sy/van! , a ,. , 1. .,J--7 a Ave , .. / .., . .:. , , r0 0 Subject Property , : . " Petition 45-22 � it ,,� is ' N _._, ..- 1 a isoit ; *' 4 -Ai _I T I* Chicago St r a i T` . ~ JIB ; - : 1. . )' .. 11 1 L0 { 1 `, 1 • r v_ , i p Cl) C V $ \- 4 d s. d 4. if- . IR.r J aill -. Ivan St -, t ... • .1611Al",.,. --------. -------- 1.- . . . EXHIBIT Aerial/Location Map N V 010- E S Map prepared by City of Elgin 0 30 60 120 180 240Feet Department of Community Development Ave �/ I ,� Larkin ti .....1., St fa a (§3 ..t.)111, te 0114 4 .,4.9/ 1 '_ eElm 2,,al,ft,21 y�9h/a!_ .4w / h0�'4 we Nr ' RB Ilik o Ci ■ 2. m CCa h � il NE 0 a _ Subject Property _ _ ga o 1,0 Petition 45-22 II 111 NB Chicago St11 t Legend �` _ QRC1 Residence Conservation 1 C ORC2 Residence Conservation 2 •C . C ORC3 Residence Conservation 3 , tti0 *aN.� O a PRC Planned Residence Conservation 1.. (I) � . OSFR1 Single Family Residence 1 0 — ++ Q PSFR1 Planned Single Family Residence 1 ( —� W Q SFR2 Single Family Residence 2 y Q PSFR2 Planned Single Family Residence 2it QTRF Two Family Residence V O PTRF Planned Two Family Residence Van St iiii MFR Multiple Family Residence -PMFR Planned Multiple Family Residence ORB Residence Business OPRB Planned Residential Business RC3 MINB Neighborhood Business , PNB Planned Neighborhood Business ili AB Area Business fr PAB Planned Area BusinessCCt Center City 1 CC2 Center City 2 f‘ PCC Planned Center CityORI Office Research Industrial PORI Planned Office Research IndustrialGI General IndustrialPGI Planned General Industrialill CI Commercial Industrial CF Community Facility -PCF Planned Community Facility . EXHIBIT B Zoning Map N W+E S Map prepared by City of Elgin 0 60 120 240 360 480 Feet Department of Community Development Subject Property Chicago St 725 W. Chicago St. Petition 45-22 0614331007 y c fa i Q) EXHBIIT C Parcel Map N City of Elgin 0 5 10 20 30 40 Department of Community Development Feet EXHIBIT D SITE LOCATION 725 W. Chicago Street Pet 45-22 ro.r.,,,iiii• ,fig ; - a,: „„WItg., oti I I, l'''S ' •' z . is _ .. _ ... ..,,. .., •.. ._ •_ , , ,,,, .,..N. ,._,- , ,, •...... .„,7, .,,,.. li''.. i „,,.....,a ....i.i r• • 1"""*.--• 1;412 gial = • , ,,, „,,-,,,,c,AK,4,116tor-Aftt.ligiellblipb,A24‘, : - , •- •--. - ,,., , . . ,•• , .,•, - ' • gookiiiiiiir--•=... ---..r;i.......••••••tim:........01.. ..0m...........mr...4 . .,, ViaNINIEW V 't 1 ;ItiStathiCagOLLLeet , 11.3•• . \ - eir:Irk ..--- ilit. 1.,..- -... .... r \ . 119E g -- _____- h , ..,_ •:: • . .i. • ..' • \ . .41,2a. P `g.. .---,—.7i•_! r $ lc•tf:iii ft.' 1 ' % 1 2 _, _. 4.1 k • ,--•r‘-•'`''''' ' ‘ I t m . /' . `,.,' 1,, A,..,„,„:,,I iir.,,i • . t....t. . 4 .. ..- • .jit. ,, ..A,,,, LT,. ... . . 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OM Arf„.„......,1%._,..„*„.„.„__„, . • . , Bird s eye view looking south EXHIBIT D SITE LOCATION 725 W. Chicago Street Pet 45-22 2 r,,, s +y "t• 'x"rf 1k. • �- b • vim.�` '. Tom. ` •� 1 .,f i: itry,,,ce...t.,..-iiitte- , , . . . -e,4 ' .v ,.' f47-, 1 ''' ..... .41, ,....-..- - '''''",. _ _ . •` Front elevation of the existing building home to Ram Foods general store I. - '- _ . \ T , -. 1 •''- . . t v .4 ova ..1 --- I Street view of the existing building looking southwest