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Home My WebLink AboutG34-16 Ordinance No. G34-16 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT (823-825 Summit Street) WHEREAS, written application has been made requesting conditional use approval to establish a package liquor store within the building located at 823-825 Summit Street; and WHEREAS, the zoning lot with the building containing the premises at 823-825 Summit Street is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and such land use is listed as a conditional use within the AB Area Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on June 6, 2016, following due notice by publication; and WHEREAS,the Community Development and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the AB Area Business District pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 6, 2016, 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 store at 823-825 Summit Street, commonly identified by Cook County Property Index Number 06-07-302-049-0000, and legally described as follows: THE NORTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LORD'S PARK, BEING ALSO THE NORTHWEST CORNER OF THE EAST 1/2, OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES, 35 MINUTES WEST, 520 FEET; THENCE NORTH 2 DEGREES, 25 MINUTES EAST, 286 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES, 35 MINUTES EAST, 90 FEET; THENCE NORTH 2 DEGREES,25 MINUTES EAST,282 FEET TO THE SOUTH LINE OF STATE ROUTE 58;THENCE NORTH 88 DEGREES,49 MINUTES WEST ALONG THE SOUTH LINE OF SAID STATE ROUTE 58 TO A LINE DRAWN NORTH 2 DEGREES, 25 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 25 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 25 MINUTES WEST ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (Commonly known as: 823-825 Summit Street, Elgin, IL 60120) be and is hereby granted subject to the following additional conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by Pravin Patel of Bajirao Mastani, Inc. d/b/a"Total Liquors," as applicant and Emin Tuluce on behalf of 823 Summit LLC, as owner and consisting of the following exhibits: a. Owners and Applicant's Consent and Disclosure of Identity both documents dated April 20, 2016 b. Statement of Purpose prepared by Thomas Budzik,AIA, (prepared on behalf of the Applicant,Pravin Patel, Bajirao Mastani, Inc.), dated April 19, 2016 c. Architectural exhibits consisting of the following drawings prepared by Thomas Architects dated April 13, 2016: a. Site Plan Sheet CU-1 b. Landscape Plan Sheet CU-2 c. Floor Plan Sheet CU-3 d. Elevations Sheet CU-4, CU-5 d. Plat of Survey prepared by Nekola Survey, Inc. dated December 17, 2015. In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. - 2 - 2. The conditional use granted herein is limited to commercial building located at 823-825 Summit Street. 3. Graphics shall be constructed and installed in conformance with the requirements of the zoning ordinance. All free standing graphics shall be constructed as monument graphics. 4. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be full force and effect upon its passage and publication in the manner provided by law. /1.4 ArAll 0A-J avid J. Kap in, .yor Presented: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016re Published: August 12, 2016 t Attest: ; --414r r {r -� fit\ ��'- �y`♦,Qb, ,�; , . imberly Dewis, • Clerk �' ., A'11 Lt)k„ - 3 - June 6, 2016 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 15-16, an application by Pravin Patel of Bajirao Mastani, Inc. d/b/a "Total Liquors" for approval of a conditional use to establish package liquor sales within the existing building at 823-825 Summit Street, located within the AB Area Business District. GENERAL INFORMATION Petition Number: 15-16 Requested Action: Approval of a Conditional Use Current Zoning: AB Area Business District ARC Arterial Road Corridor Overlay District Existing Use: Commercial Retail Building Property Location: 823-825 Summit Street Applicant: Pravin Patel of Bajirao Mastani, Inc. Owner: Emin Tuluce on behalf of 823 Summit LLC Staff Coordinator: Marc Mylott, AICP, Community Development Director LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft Conditional Use Ordinance Exhibit A Recommendation & Findings of Fact Petition 15-16 June 6, 2016 BACKGROUND "Total Liquors" is proposing to establish a package liquor store within the existing, 2,400 square- foot commercial building located at 823-825 Summit Street.No structural changes to the building are proposed at this time. The applicant plans on offering packaged liquor for sale in its original package and not for consumption on the premises. Items for sale will primarily include alcohol-related products such as beer and wine, hard alcoholic liquor, spirits, wine coolers, mixes, and non-alcoholic beverages such as juices, pop, water, and energy drinks. Additionally, cigarettes, cigars, tobacco products, soft drinks, and a small selection of chips, candies, and other snacks are proposed to be sold. The applicant intends this business to be a liquor store, not a convenience store. All items are proposed to be stored/displayed on shelves or cooler units within the store. The front counter and cash register will be located closer to the primary entrance and within view of the secondary front entrance to allow employees a clear view of these entrances to the store. The rear entrances to the store are for emergency purposes and will not be allowed to provide general access to customers. No food preparation is proposed on the premises. The proposed hours of operation are Monday through Saturday 10:00 a.m. to 12:00 a.m., and Sundays from 11:00 a.m. to 10:00 p.m. The store will have one(1) full-time and one(1)part-time employee on a daily basis. All employees will be Basset certified to ensure compliance with all State and local liquor guidelines and requirements. The property includes 12 parking spaces, and that number of spaces exceeds the zoning ordinance requirement of one(1) space for every 250 square feet of floor area or ten(10)total. The applicant expects to have approximately three deliveries a week during normal working hours between 10:00 a.m. and 5:00 p.m. Both the zoning ordinance and the State of Illinois Liquor Control Act of 1934 prohibit the issuance of a liquor license to a business within 100 feet of a church, school,hospital,home for the aged or veterans, or a military or naval station. In this case, no such institution is within 100 feet of 823- 825 Summit Street. The parcel occupied by AutoZone,which is between 823-825 Summit and the Learning Tree Child Care Center, is more than 150 feet wide. The land use is classified as a conditional use within the AB Area Business District and as such requires approval through a public hearing process of the Planning & Zoning Commission and final approval of the city council. The Community Development Department offers the following additional information: A. Zoning History.The subject property was originally annexed to Elgin in 1969 and platted as part of the Cook County Route 58 annexation. The property was classified B3 Service 2 Recommendation & Findings of Fact Petition 15-16 June 6, 2016 Business District in 1969. In 1992,the property was classified within the AB Area Business District as part of a comprehensive amendment to the zoning ordinance The existing 2,400 square foot commercial building was built in 1977 as a two-tenant building and was occupied by a number of retail land uses up until 2014. The building is currently vacant. B. Surrounding Land Use and Zoning. The areas surrounding the subject property are zoned AB Area Business District and are developed with a mix of commercial and retail uses as part of the Summit Street commercial strip. C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations,auto parts stores,and other stand-alone retail uses.These commercial areas are generally auto dominated with few pedestrian amenities. 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 CC1 Center City district. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the city of Elgin"Comprehensive Plan"as they relate to establishment of certain land uses. The ARC overlay district is a zoning overlay district, and accordingly, the property located within the district shall be subject to the regulations of the underlying zoning district in which it is located. C. Trend of Development. The subject property is located within a regional commercial district along Summit Street serving the residential uses to the north and southeast, as well as the east side of the community on a regional basis. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 15-16 on June 6, 2016. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a 3 Recommendation & Findings of Fact Petition 15-16 June 6, 2016 Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning Commission dated June 6, 2016. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use as outlined within § 19.65.030: 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, vegetation, and existing improvements. The site is approximately 13,500 square feet in land area(0.3 acre) and is improved with an approximate 2,400 square foot one-story building and surface parking lot. The building was originally constructed as a two-tenant commercial building. The property currently contains established landscape material within the street, side, and rear yards. 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 subject property is currently served by municipal water, sanitary sewer, and storm water systems. 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 subject property is located on the south side of Summit Street. Summit Street(Golf Road) is a regional arterial street serving the east side of Elgin connecting the community to the northwestern communities in the Chicago region. There are two points of access into the subject property from Summit Street—the westerly being designated as an ingress and the easterly being designated as an egress for vehicular access. The applicant intends to maintain this traffic configuration. The property was originally constructed with 12 vehicle parking spaces and, based on the floor area of the existing building, only 10 parking spaces are required. 4 Recommendation & Findings of Fact Petition 15-16 June 6, 2016 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. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The subject property is located in a well- established commercial area. All functions of the retail land use are proposed to be conducted within the enclosed building. 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 properly 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 as 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 15-16, subject to the following conditions: 1. Substantial conformance to the Development Application and Attachments, submitted by Pravin Patel of Bajirao Mastani, Inc. d/b/a"Total Liquors," as applicant and Emin Tuluce on behalf of 823 Summit LLC, as owner and consisting of the following exhibits: a. Owners and Applicant's Consent and Disclosure of Identity both documents dated April 20, 2016 b. Statement of Purpose prepared by Thomas Budzik,AIA, (prepared on behalf of the Applicant, Pravin Patel, Bajirao Mastani, Inc.), dated April 19, 2016 c. Architectural exhibits consisting of the following drawings prepared by Thomas Architects dated April 13, 2016: a. Site Plan Sheet CU-1 b. Landscape Plan Sheet CU-2 c. Floor Plan Sheet CU-3 d. Elevations Sheet CU-4, CU-5 d. Plat of Survey prepared by Nekola Survey, Inc. dated December 17, 2015. 5 Recommendation & Findings of Fact Petition 15-16 June 6, 2016 In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 2. The conditional use granted herein is limited to commercial building located at 823-825 Summit Street. 3. Graphics shall be constructed and/or installed in conformance with the requirements of the zoning ordinance. All free-standing graphics shall be constructed as monument graphics. Street graphics advertising the sale of alcohol on the premises are prohibited. 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. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Marc S. Mylott, AICP Marc S. Mylott, Secretary Planning&Zoning Commission Director of Community Development 6 s 49 .. - , I' II N - p. - - 5 Q - u Subject Property Petition C.. •. _..• ... .. lA .. III W I. 1. `1 --i--.. — — 1 _ . 4 aisiv illigrAN _ r .. _U ... << 1 1 .I 0 II Ual _. i . i GRAND AVE ,.1 li CARL AVE ... GRAND BLVD EXHIBITA Aerial/Location Map N W-•.-E S 0 40 80 160 240 320 Map prepared by City of Elgin 1 1Feet Department of Community Development UMW 111 11111111-sr r 111,11004 CA 1 II (%111111 COLUMBIA AVE qfr., 114P. Emir�• 1111___ z RC1� a , off_•1111 P W .. ■ W ALGONAAVE m , 1.1---'''' '' , -.-.,:::..:;.:.:,:,:r,,,i,-:.:.:i':T i.l:r i:t-.a.-:. ,V r „ 3. i•1 . JEFFERSON AVE X111 Subject Property OEPetition 15-16 IIIPAB Legend AB ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation O SFR1 Single Family Residence 1 O PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 O PSFR2 Planned Single Family Residence 2 ESITRF Two Family Residence PTRF Planned Two Family Residence /� 1.1 MFR Multiple Family Residence 2AB (i 7 I PMFR Planned Multiple Family Residence `ZS NM ORB Residence Business OPRB Planned Residential Business GRAND AVE iiMUP :::==B :ss / � I (`(�`Zf SJ -AB Area Business CARL AVE -PAB Planned Area Business •1111 CC1 Center City 1 al IIP . , City ti ' CC2 Center 2 • Iii r -PCC Planned Center City Q-� -ORI Office Research Industrial RCl c r 2 SNILOH- -,r -PORI Planned Office Research Industrial Z "Tail -GI General Industrial . -PGI Planned General Industrial I' -CI Commercial Industrial . Q• iFRP Fox River Preservation .,,,,,,,n EXHIBIT B Zoning Map N W-t.-E 5 Map prepared by City of Elgin 0 80 160 320 480 640 Department of Community Development 1 Feet i Subject Property 823-825 Summit St. Petition 15-16 - SUMMIT ST - 06073020490000 K : _' ► D - EXHBIIT C Parcel Map N A City of Elgin 0 30 60 120 180 240 Department of Community Development [Feet SITE LOCATION EXHIBIT 823 Summit Street Petition 15-16 -W, .• _f ..,.,.,_ -�• . 1 - I • 4- - ;,. _ _ 1. it : an ,m`• °��x 1a _` r/ • -,..• ' A .. „ ...... . . .. ..„ .. . . „.. . . ... . .: . ,, -- . -1t,,.w....-,,,, 1 , ... . Site Location 1 _ - -- 1 1— - — �, �,_ - ,. , Perspective View SITE LOCATION EXHIBIT 823 Summit Street Petition 15-16 _ tr , y ; �. _ , �. 4 .., , .,, , t-, 1,,,_ c TEASE ;` :. - . laq View of Building View of Property from Street 40.,t4-.,414# a ''',N. "' i a ftiv- G , it Er*1K sue• '-:"Ta Ai SOW 4 ."', alir . Al ae" , View of property to the East View of Property to the West if .: 1 ,,gyp A p- +i�f� R + f -w .mow -. View from Property Looking View from Property Looking Northeast Northwest