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HomeMy WebLinkAboutG26-26 Ordinance No. G26-26 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (968 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval to establish a package liquor sales establishment at 968 Dundee Avenue; and WHEREAS, the zoning lot with the building containing the premises at 968 Dundee Avenue is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the AB Area Business District, and a package liquor sales establishment 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 July 6, 2026, 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 July 6, 2026, 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 to establish a package liquor sales establishment is hereby granted for the property commonly known as 968 Dundee Avenue, which is part of the property commonly identified by Kane County Property Index Number 06-12-253-014 and legally described as follows: Lots 1 and 4 in Block 1 of Grand View Addition to the City of Elgin, according to the plat thereof, situated in the City of Elgin, Kane County, Illinois; (commonly known as 962-970 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 Goma Musa, as applicant, and Maria T. Cervantes, as property owner, received May 5, 2026 and supporting documents including: a. Undated letter, received June 16, 2026; b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated October 25, 2001; c. Undated site plan, received April 28, 2026, with such further revision as required by the Community Development Director; and d. Two-page architectural plans for Friday Tobacco, prepared by Antonio Fanizza, dated last revised March 30, 2026, 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. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. aiee Davi J. K• in, ayor 2 Presented: August 26, 2026 Passed: August 26, 2026 Vote: Yeas: 6 Nays: 3 Recorded: August 26, 2026 Published: August 26, 2026 • A t: , imberly ►,ewis, ity erk 3 EXHIBIT A July 6, 2026 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 10-26, an application by Goma Musa, as applicant,and Maria T. Cervantes,as property owner,are requesting approval of a conditional use to permit a package liquor sales establishment as part of the existing tobacco store at the property commonly referred to as 968 Dundee Avenue. GENERAL INFORMATION Petition Number: 10-26 Property Location: 968 Dundee Avenue 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: Tobacco store Proposed Use: Package liquor sales establishment(SIC 5921)and tobacco store Applicant: Goma Musa Owner Maria Cervantes Staff Coordinator: Damir Latinovic,AICP, Senior Planner Recommendation & Findings of Fact Petition 10-26 July 6,2026 Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Goma Musa, as applicant, and Maria T. Cervantes, as property owner, are requesting approval of a conditional use to permit a package liquor sales establishment as part of the existing tobacco store at the property commonly referred to as 968 Dundee Avenue. The applicant currently occupies a 1,281-square-foot commercial tenant space commonly known as 968-A Dundee Avenue,which is part of an 8,625-square-foot multi-tenant commercial building located at the southwest corner of Dundee and Cooper Avenues. The building is located on approximately 17,286-square foot property, zoned AB Area Business District and ARC Arterial Road Corridor Overlay District.In addition to the building,the property includes 18 parking spaces in two parking lots. The front parking lot,east of the building, includes eight parking spaces with access from Morton Avenue. The rear parking lot with access from Cooper Avenue includes ten parking spaces. The existing tenants in the building include La Tacita de Plata restaurant, Urban Wrap,a motor vehicle accessory service,JC Jewelry store,and a staffing agency office.Two tenant spaces are vacant, including 968-B Dundee Avenue which is 1,133 square feet in area, and 964 Dundee Avenue,which is 1,335 square feet in area. The properties to the east,south,and west are also zoned AB Area Business District.The property located to the east across Dundee Avenue is improved with a one-story restaurant building with accessory parking home to Los Comales restaurant.The property adjacent to the south is improved with a one-story multi-tenant commercial building home to a business marketing office. The property adjacent to the west is improved with a single-family home. The properties to the north across Cooper Avenue are zoned RC2 Residence Conservation District and are also improved with single-family homes. -2 - Recommendation & Findings of Fact Petition 10-26 July 6,2026 968 Dundee Ave " � � �"1 Tenat S.ace /44; � _! 1 % 1 ►.e 4 ..1 ,. lat .u. a i i ' ' km ow 4 wb 40,- /m ra 1• s Jr-11411. -T •a Figure 1:Area map with zoning overlay Proposal The applicant is proposing to expand his tobacco store into the adjacent vacant commercial tenant space and is requesting approval to sell beer,wine and other liquor products.The existing tobacco store sells tobacco products,vape products, cigars, and related accessories. The existing Friday Tobacco store was approved in February 2024 and occupies the 1,281-square- foot Unit 968-A within the building. The applicant is proposing to expand its store to the adjacent 1,133-square-foot Unit 968-B. Another tobacco store previously occupied both Units 968-A and 968-B, however, Unit 968-B is currently vacant. The applicant is not proposing any physical changes to the building. The two units are already connected and do not require any changes for the proposed business operations. -3 - Recommendation & Findings of Fact Petition 10-26 July 6,2026 M-o / U, fl.P Ex T + STORAGE/DACKSTOCK I('r• ^-' Y FAIS11NG OR A REIAII AREA v F. SIORAGEI BACKSTOCK OFFICE T P o �� { r -J -AJI ADA RESTROOM AOA RFSTR�)OI.1 J EXISTING NOEE AVE O PROPOSEDLIIOUORCNSPLAY SE AND POE STATION • DOSPIAP CASES — INCLUDED iN IRA SHALL BE \ 11 •THE CITY OF k "MEW ONLY XMCNS AND \ CESSIBLE !\3 ) •. CENSINO DISPLAY CASES b KL aN MUNICIPAL q P MAIN ENTRANCE FLOOR PLAN SCALE IM•1.4" Figure 2: Proposed floor plan The current hours of operation of Friday Tobacco store are Monday to Saturday from 9:30 a.m.to 9 p.m.and Sundays from 10 a.m.to 9 p.m.If the sale of alcohol products is approved,the applicant would extend the closing time to 10 p.m. daily. The hours of operation for alcohol sales would be regulated by the applicable liquor license, if approved. Similar liquor stores,such as Liberty Liquors located one block to the east at 601 Cooper Avenue,typically hold Class B liquor licenses.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.The Class B liquor license allows the alcohol sales from Monday to Thursday from 6:00 a.m. until 1:00 a.m. the following day, on Friday and Saturday from 6:00 a.m. until 2:00 a.m. the following day,and on Sunday from 9:00 a.m. until 1:00 a.m. the following day. The applicant is not proposing the addition of any other products. In addition to the proposed -4- Recommendation & Findings of Fact Petition 10-26 July 6,2026 alcohol products, the store would continue to sell only tobacco products, vape products, cigars, and related accessories with one employee. Zoning consideration A package liquor sales establishment 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. If the zoning approval of a conditional use is granted,the applicant will have to apply for and obtain a liquor license and obtain an updated business application and a certificate of occupancy prior to the start of any alcohol sales. The municipal code states that no Class B licenses shall be considered until the applicant first obtains a conditional use (Section 6.06.090.1.). The 8,625-square-foot multi-tenant commercial building is nonconforming regarding the parking requirement. The proposed tobacco store and package liquor sales establishment is required to provide one parking space per 250 square feet of floor area.The expanded 2,414-square-foot store is required to have nine parking spaces. With the existing mix of other uses in the building, and one vacant tenant space (1,335-square-foot unit 964 Dundee Avenue), the building is required to have 37 parking spaces. With 18 parking spaces on site, the property does not meet its parking requirement. However,the proposed tobacco store expansion into unit 968-B will not increase the parking non- conformity. Units 968-A and 968-B were previously occupied by a tobacco store. The current expansion would match that of the previous tobacco store. The addition of alcohol products is not expected to generate a substantially more amount of traffic to the property. In fact, the parking requirement for a package liquor sales establishment(liquor store)is the same as that for any other retail store, including a tobacco store: one parking space per 250 square feet of floor area. The Community Development Department offers the following additional information: A. Property History. The subject property was zoned E Commercial District by the City's first zoning ordinance in 1927. In 1962, the property was rezoned to 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 multi-tenant building was constructed in 1950. B. Surrounding Land Use and Zoning. The properties to the east, south, and west are also zoned AB Area Business District. The property located to the east across Dundee Avenue is improved with a one-story restaurant building with accessory parking home to Los Comales restaurant.The property adjacent to the south is improved with a one-story multi- tenant commercial building home to a business marketing office. The property adjacent to the west is improved with a single-family home. The properties to the north across Cooper - 5 - Recommendation & Findings of Fact Petition 10-26 July 6,2026 Avenue are zoned RC2 Residence Conservation District and are also improved with single- family homes. 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 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 Dundee Avenue in the northeast portion of the City. Properties along this stretch of Dundee Avenue have historically been developed with commercial, auto-oriented uses. There has been no new development in recent years in the immediate area. Since Dundee Avenue is designated as an arterial roadway and since it carries a substantial amount of vehicular traffic, the Comprehensive Plan designates the majority of the properties along Dundee Avenue for corridor commercial uses in the future. Staff anticipates commercially-zoned properties in the area will continue to be used and potentially redeveloped with auto-oriented commercial uses, such as quick service restaurants,and other retails service uses. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 10-26 on July 6,2026.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 6,2026. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: -6- Recommendation & Findings of Fact Petition 10-26 July 6,2026 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 improved with an 8,625-square-foot multi-tenant building and accessory parking with 18 parking spaces. The applicant is proposing to expand its tobacco store to the adjacent vacant tenant space and sell alcohol products in addition to tobacco products and related accessories. The applicant is not proposing any changes to the building or the site. The proposed package liquor sale establishment is similar to other commercial retail uses along Dundee Avenue corridor. 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 includes two parking lots with a total of 18 parking spaces. The front parking lot with eight parking spaces has direct access from the extension of Morton Avenue that only serves this property for vehicular access. The rear parking lot with ten parking spaces has its own full access driveway to Cooper Avenue. The property functions with safe and efficient traffic circulation with minimal impact on the surrounding traffic pattern. The 8,625-square-foot multi-tenant commercial building is nonconforming regarding the parking requirement. The proposed tobacco store with package liquor sales (liquor store) is required to have one parking space per 250 square feet of floor area.After the expansion, -7- Recommendation & Findings of Fact Petition 10-26 July 6, 2026 the store would be 2,414 square feet in area which requires nine parking spaces. With the proposed addition of package liquor sales, the existing mix of other uses in the building, and one vacant tenant space (1,335-square foot unit 964 Dundee Avenue), the building is required to have 37 parking spaces. With 18 parking spaces on site, the property does not meet its parking requirement. However, the proposed tobacco store expansion into unit 968-B will not increase the parking non-conformity. The units 968-A and 968-B were previously occupied by a tobacco store. The current expansion will match that of the previous tobacco store. The addition of alcohol products is not expected to generate a substantially more amount of traffic to the property. And the parking requirement for a package liquor sales establishment (liquor store) is the same as for any other retail store, including a tobacco store. The proposal will not result in additional parking demand and traffic that is not comparable to how the property previously operated when the former tobacco store occupied both units 968-A and 968-B. As such, the proposal will not have any negative effect on the surrounding uses and properties. 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 proposed package liquor sales establishment,part of a tobacco store, is located along an arterial road and provides retail goods not only to the immediate neighborhood,but the population from a larger area as well.The proposed sale of packaged beer, wine, and liquor is similar to other general retail stores and uses along the corridor. There would be no alcohol sales for on-site consumption. The applicant is not proposing substantial changes to the hours of operation of the tobacco store if the sale of alcohol products is approved. The tobacco store's hours operation are Monday to Saturday from 9:30 a.m. to 9 p.m. and Sundays from 10 a. m. to 9 p.m. If the sale of alcohol products is approved,the applicant would extend the closing time to 10 p.m. daily. If the zoning approval of a conditional use is approved, the applicant will have to apply for and obtain a liquor license. No evidence has been submitted or found that the proposed conditional use for 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 - 8- Recommendation & Findings of Fact Petition 10-26 July 6,2026 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 10-26, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Goma Musa, as applicant,and Maria T.Cervantes,as property owner,received May 5,2026 and supporting documents including: a. Undated letter, received June 16,2026; b. Plat of Survey,prepared by Alan J. Coulson,P.C.,dated October 25,2001; c. Undated site plan, received April 28, 2026, with such further revision as required by the Community Development Director;and d. Two-page architectural plans for Friday Tobacco, prepared by Antonio Fanizza, dated last revised March 30, 2026, 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. 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, one(1) no, and zero(0)abstentions.All members were present. Respectfully Submitted, -9- Recommendation & Findings of Fact Petition 10-26 July 6,2026 s/Jordan Wildermuth Jordan Wildermuth,Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 10- !II . il III 1.1 ... i ell .. i..4 ' 1 . 4.4 -.. '• , 43, VIP Subject Property MONO cooper(;= - ' - Petition #10-26 • 1 C! t ; 1e , 1 A — ' 111:Ce • i Ilk 'r4 1 4,.0 / • L 0 i A it , , ,_ ‘ , 1 N e , r ., . ,. . .. , \,),,,, /,, _ ___. _ _ ....„, .., . . . , . or , ¶JI44. Q / z 6 2 L cfpCy / T —jili Mi / . I i 1 I . EXHIBIT A " Aerial / Location Map A !, 0 25 50 ELGIN ' ' ' ' { Feet THE CRY IN ME.SUBURBS Zoning RC1 -RESIDENCE CONSERVATION 1 RC2 aRC2-RESIDENCE CONSERVATION 2 RC3-RESIDENCE CONSERVATION 3 -- V PRC-PLANNED RESIDENCE CONSERVATION0 SFR1 -SINGLE FAMILY RESIDENCE 1 t 0 SFR2-SINGLE FAMILY RESIDENCE 2 -. - Subject Property 2 Petition #10-26 PSFR1 -PLANNED SINGLE FAMILY RESIDENCE 1 LJPSFR2-PLANNED SINGLE FAMILY RESIDENCE 2 Cooper Ave TFR-TWO FAMILY RESIDENCE PTFR-PLANNED TWO FAMILY RESIDENCE MFR-MULTIPLE FAMILY RESIDENCE PMFR-PLANNED MULTIPLE FAMILY RESIDENCE RB-RESIDENCE BUSINESS aD PRB-PLANNED RESIDENCE BUSINESS AB PNB-PLANNED NEIGHBORHOOD BUSINESS NB-NEIGHBORHOOD BUSINESS AB-AREA BUSINESS PAB-PLANNED AREA BUSINESS CC 1 -CENTER CITY 1 CC2-CENTER CITY 2 PCC-PLANNED CENTER CITY PCC2-PLANNED CENTER CITY 2 • 0111 ORI-OFFICE RESEARCH INDUSTRIAL EllPORI-PLANNED OFFICE RESEARCH INDUSTRIAL ,ra . GI-GENERAL INDUSTRIAL PGI-PLANNED GENERAL INDUSTRIAL - CI-COMMERCIAL INDUSTRIAL CF-COMMUNITY FACILITY PCF-PLANNED COMMUNITY FACILITY EXHIBIT B Zoning Map A 0 50 100 ELGIN I Fee THE(JT INTra VU t Subject Property Petition#10-26 Cooper Ave 0 0612253014 D� • Q o' EXHIBIT C Parcel Map 0 25 50 ELGIN I THE CITY W TA SUBURBS Feet EXHIBIT D SITE LOCATION 968 Dundee Avenue Petition 10-26 j11 K t : i moriiiimw b' ct Pr• -�� WO V `, ma`y��`.,, i 'II _ f...beirwri, ir �L g Om i. tlir �. e ' ' -_L - At - _ s *� ■- .►, ea AI rlkait...sK.hodlewndmwwir Bird's eye view looking north I1' 1. t.. ` Sub'ect •ro•-rt 0 - - • all2 < L — 1 *:'01 , Ir,tt / 1 4.6 ,, ,. -, 7 11141 / s 11 1Viiii iii is t. . 1 • k•._ i: • , - 1- i- ,1 i•A - - _ .•,. , L ,1 1 ... 6 f rri, Bird's eye view looking south EXHIBIT D SITE LOCATION 968 Dundee Avenue Petition 10-26 ,p. - , VA M. is ,. s P t „kr cam— 4, ie iL Y 1 .....a -* 1 o _ 1 4 1 ril;' ,, n� Qaer- Morton Avenue ,• t i -- -1_1 t o Ls . .Dune/ fr d _so r 'l► e�Avenue n, Sub ect Property �t 2S) •. e' �/ 14 - Bird's eye view looking west • pro Existing ay, Proposed Tobacco store expansion as a Liquor store and Tobacco store r t:war! ifi, : FRIOnY1011.11111.111 ui • i -' r i ----0 . NI n a a.c r. .m 1 Bird's eye view looking south EXHIBIT D SITE LOCATION 968 Dundee Avenue Petition 10-26 - __ _ __imp _ ----111111101.0 . �. ' ,-..�-z ,�-.. --►-t a...�-�,.,....-ice ,� _t.. _ View of the property from Cooper Street