G12-15 Ordinance No. G12-15
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT
AN EXISTING GENERAL MERCHANDISE STORE
(725 W. Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for
accessory package liquor sales at Ram Food, an existing general merchandise store located at
725 W. Chicago Street, which lot is legally described herein and is hereinafter referred to as the
"Subject Property"; and
WHEREAS, the Subject Property is located within the NB Neighborhood Business
District and accessory package liquor sales is a listed conditional use within the NB district; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing
concerning said application on March 2, 2015 and April 6, 2015 following due notice by
publication; and
WHERAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommended approval of said application, subject to the conditions below; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission.
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 April 6, 2015, 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 permit accessory package liquor sales in the NB
Neighborhood Business District at 725 W. Chicago Street, legally described as follows:
Lot 1 and 2 Except the West 30.5 Feet of Said Lots in Block 4 of Oak Ridge Addition to
Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known as 725
West Chicago Street)
be and is hereby granted subject to the following conditions:
1. Substantial conformance to the Application, Statement of Purpose and Conformance,
and other attachments submitted under the cover letter from Attorney Ashley Bump
on behalf of Ram Food, dated December 11, 2014;
2. Substantial conformance to the letter from Attorney Ashley Bump on behalf of Ram
Food, dated February 16, 2015, wherein the applicant agrees to certain operational
practices;
3. Substantial conformance to the Site and Landscape Plan, dated August 4, 2013, last
revised date October 20, 2013, submitted under a cover letter from Attorney Ashley
Bump on behalf of Ram Food, dated December 11, 2014;
4. All improvements, including the installation of the plant materials but excluding the
monument sign, depicted upon the aforementioned Site and Landscape Plan within
these conditions of approval shall be completed no later than 24 months from the date
of this conditional use approval;
5. Street graphics advertising the sale of alcohol on the premises are prohibited;
6. Package beer in either bottles or cans shall not be sold as a single unit;
7. Hours of operation shall be Monday through Friday from 8:00 am to 9:00 pm and
Saturday and Sunday from 10:00 am to 8:00 pm; and
8. Compliance with all applicable codes and ordinances.
Section 3. That the conditional use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 6, 2015
Passed: May 6, 2015
Vote: Yeas: 7 Nays: 2
Recorded: May 6, 2015
Published: May 8, 2015
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
April 6, 2015
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, ILLINOIS
SUBJECT
Recommendation and findings of fact for Petition 62-14, an application by Kozar Law Office
LLC on behalf of Ram Food LLC for a conditional use to permit the sale of accessory package
liquor within the existing retail establishment located at 725 West Chicago Street.
GENERAL INFORMATION
Petition Number: 62-14
Requested Action: Conditional Use Approval
Property Location: 725 West Chicago Street
Current Zoning: NB Neighborhood Business District
Existing Use: Convenience Food Store
Applicant: Kozar Law Office LLC on behalf of Ram Food LLC
Staff Coordinator: Marc Mylott, AICP; Director of Community Development
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map;
B. Zoning Map;
C. Parcel Map;
D. Site Photos;
E. Development Application and cover letter dated December 11,
2014, including but not limited to the following attachments:
Statement of Purpose and Conformance, Site and Landscape Plan,
petitions and various letters of support, and a supplemental letter
dated February 16, 2015;
F. Email from Northwest Neighborhood Association dated February
11, 2015; and
G. Draft conditional use ordinance.
Exhibit A
Findings of Fact
Petition 62-14
April 6, 2015
BACKGROUND
This 1,300 square-foot, convenience food store is a permitted use in the NB Neighborhood
Business District, and the owner requests permission to add the retail sale of packaged beer and
wine to the inventory of goods offered to the customers. The sale of accessory package liquor is
a listed conditional use in the NB district. The owner has submitted similar conditional use
applications in the past, most recently in May 2013 (Petition 14-13). Staff recommended against
that application, but the Planning & Zoning Commission unanimously recommended that city
council approve it, subject to conditions. In November 2013, city council voted 4-4 on a motion
to approve that conditional use application, subject to conditions; however, because city council
rules require a majority of a quorum for action and because no subsequent motions were made,
the application was deemed denied.
The beer and wine would be kept inside an existing 8-foot wide by 2-foot deep cooler, occupying
less than 2% of the total floor space. The cooler is proximate to and can be seen from the cash
register providing employees with the ability to watch and control who accesses the alcoholic
beverages. The owner maintains his 2013 commitment to not sell individual servings and to
"strictly enforce" the prohibition of on-site consumption. As part of the liquor license process,
the owner and employees would be required to complete a state certified "beverage alcohol
sellers and service education and training program" (BASSET), and that certification would have
to be submitted with each annual request for liquor license renewal (Section 6.06.115 of the
Elgin Municipal Code, 1976, as amended). The store's hours of operation are Monday through
Saturday from 8:00 am to 9:00 pm and Sunday from 10:00 am to 8:00 pm.
With this application, the owner also continues the commitment to make significant
improvements to the site, including bringing the parking lot into compliance. Substantial
amounts of pavement would be removed from the property and tree bank and replaced with grass
and landscaping. Already, as part of the city's recent utility work and street repairs, the asphalt
within the tree bank located along Sheridan Street has been removed and restored with sod, and
the entrance off Sheridan Street has been relocated to the south. The owner would remove the
curb cut along Chicago Street closest to the intersection and return that area to grass too. Then,
the owner would provide an 8-foot landscape setback on private property, which would contain
the landscape materials required by the zoning ordinance(23 shrubs and 3 trees). Finally,the site
plan includes removing asphalt at the southeast corner of the property, adjacent to the single-
family home, and the owner would plant a canopy tree. The trees along Chicago and Sheridan
Streets would be understory trees to minimize future interference with the utility lines
immediately overhead. The end result will be a much more organized and efficient parking lot,
and the additional green space and landscaping will greatly enhance the aesthetics of the property
and allow stormwater infiltration where very little happens now.
The Planning & Zoning Commission did not feel it was necessary for the owner to replace the
existing free-standing pole sign with a 40 square-foot monument sign, despite that work being a
part of the application and staff recommending that that work be a condition of approval. The
existing free-standing sign and the site are shown in Figure 1.
2
Findings of Fact
Petition 62-14
April 6, 2015
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Figure 1--Non-conforming Pole Sign and Parking Lot at Ram Food,725 W.Chicago Street
Beyond the previously noted operational commitments and site improvements, the applicant has
offered additional considerations in an effort to ensure that this grant of conditional use will not
cause negative impacts on the neighborhood. In a letter dated February 16, 2015 (a copy of
which is attached to this Findings of Fact), the attorney for the applicant commits that the owner
will also:
• Place signage on the beer and wine cooler reminding customers to be respectful to the
neighbors;
• Prohibit check cashing services after 8 pm on Friday and Saturday nights;
• Refuse future service to customers who cause disturbances in the neighborhood after
purchasing beer or wine; and
• Meet with the Police Department regarding the proper placement of security recording
devices and make reasonable attempts to accommodate those suggestions.
Finally, in 2013, recall that the Planning & Zoning Commission recommended to city council
that a grant of conditional use be conditioned upon a prohibition of any liquor signs.
3
Findings of Fact
Petition 62-14
April 6, 2015
On March 2, 2015, Ram Food Store requested, and the Planning & Zoning Commission granted,
a continuance of this zoning public hearing to April 6, 2015 to allow the applicant to meet with
the Near West Neighbors Association to determine whether neighborhood concerns could be
addressed. A copy of those concerns is attached to this Finding of Fact (see email from
neighborhood president Jennifer Fukala to City Councilmembers dated February 11, 2015). At
the April 6, 2015 public hearing, the attorney for the applicant described his outreach efforts to
the Near West Neighbors Association, and no persons attended the April 6, 2015 public hearing
to oppose the application.
The Community Development Department offers the following additional information:
A. Zoning 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.
The existing commercial building was built in 1951. The owner received occupancy
approval in 2009 for a food store and an eating place limited to an ice cream counter and
a coffee/ice tea island for consumable products.
B. Surrounding Land Use and Zoning. The areas to the north, west, and east of the
subject property are zoned NB Neighborhood District and developed with commercial
and retail uses,business services, and a municipal fire station. The area to the south of the
subject property is zoned RC2 Residence Conservation District and is developed with
single-family residences.
C. Comprehensive Plan. The subject property is designated as "Neighborhood Mixed-Use
Center" by the City's Comprehensive Plan and Design Guidelines dated 2005.
Neighborhood Mixed-Use Centers are designated to meet the daily "convenience" goods
and service needs of the residents in immediately adjacent neighborhoods. Their size
would not generally exceed 10 — 30 acres, and would include a mix of small scale
retail/service uses, a neighborhood park, and possible an institutional use such as a
church or elementary school. Access is generally from local and collector streets.
D. Zoning District. The purpose 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
to residences.
E. Trend of Development. The subject property is located on the edge of an established
neighborhood business center that provides convenience goods and services to the
surrounding older established residential neighborhoods.
4
Findings of Fact
Petition 62-14
April 6, 2015
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 62-14 on March 2, 2015 and April 6, 2015. Testimony was
presented at the public hearing in support of the application. The Community Development
Department submitted a Conditional Use Review and Written Findings & Recommendation to
the Planning &Zoning Commission on both March 2, 2015 and April 6, 2015.
The Planning & Zoning Commission and the Community Development Department have made
the following findings regarding this application against the standards for conditional uses
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 proposed use meets the site characteristics standard in that this standard
evaluates only the site at which the use is proposed. The subject property is a regular
shaped parcel containing approximately 10,200 square feet of lot area. The property is
improved with a one-story commercial building and asphalt vehicle use area that cover
the entire lot. A 6-foot high fence encloses the rear area of the building, and the site
contains no natural features. The applicant has proposed adding significant amounts of
green space and landscaping.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate municipal water, wastewater
treatment, and storm water control facilities.
Findings. The proposed use meets the sewer and water standard in that the subject
property is served by municipal water and sanitary sewer systems. The applicant
proposes to remove significant amounts of impervious surface which will decrease the
amount of stormwater runoff as more rain can infiltrate the ground.
C. Traffic and Parking Standard. The availability 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 proposed use meets the traffic and parking standard. The subject property
is located at the southwest corner of West Chicago Street and Sheridan Street. West
Chicago Street is a collector street serving the west side of Elgin. Sheridan Street is a
local street serving the surrounding neighborhood.
5
Findings of Fact
Petition 62-14
April 6, 2015
The applicant proposes to remove the curb cut along Chicago Street closest to the
intersection of Chicago and Sheridan Streets, and reorganize the on-site parking, ensuring
the parking aisles and stalls comply with the zoning ordinance. The applicant proposes to
bring the existing non-conforming parking lot into compliance by providing an 8-foot
vehicle use area street setback, including the required landscape materials, along the
perimeter of the parking lot. The seven parking spaces that would be provided exceed the
five parking spaces required by the zoning ordinance.
E. 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 proposed use with respect to it being
located, designed, and operated so as to promote the purpose and intent of the zoning
ordinance. The beer and wine will be located inside and 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. Operationally, the Elgin Municipal Code requires those employees to
complete a state-certified "beverage alcohol sellers and service education and training
program" (BASSET), and that certification would have to be submitted with each annual
request for liquor license renewal. Beer will not be sold in single bottles or cans, and no
exterior signs will advertise the availability of beer and wine on the premises. In addition,
the owner will put signage on the cooler reminding customers to be respectful of their
neighbors, and the owner will refuse future service to customers who cause disturbances
within the neighborhood. Finally, the owner will stop any check cashing services after 8
pm on Fridays and Saturdays and consult with the Elgin Police Department regarding the
proper placement of security recording devices. Considering the foregoing, the owner has
taken all reasonable safe guards to minimize the likelihood 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.
F. 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 as the subject property is neither designated as a
historic landmark nor is it located within a historic district.
RECOMMENDATION DETAIL
The Community Development Department recommends approval of Petition 62-14, subject to
conditions. The Planning & Zoning Commission concurs with the Community Development
6
Findings of Fact
Petition 62-14
April 6, 2015
Department and recommends approval of Petition 62-14, subject to conditions. On a motion to
recommend approval, subject to the conditions outlined by the Community Development
Department excepting that condition regarding replacing the free-standing pole sign with a
conforming monument sign, the vote was six (6) yes and one(1)no. The conditions for approval
voted on by the Planning&Zoning Commission are:
1. Substantial conformance to the Application, Statement of Purpose and Conformance, and
other attachments submitted under the cover letter from Attorney Ashley Bump on behalf
of Ram Food, dated December 11, 2014;
2. Substantial conformance to the letter from Attorney Ashley Bump dated February 16,
2015, wherein the applicant agrees to certain operational practices;
3. Substantial conformance to the Site and Landscape Plan, dated August 4, 2013, last
revised date October 20, 2013, submitted under a cover letter from Attorney Ashley
Bump on behalf of Ram Food, dated December 11, 2014;
4. All improvements, including the installation of the plant materials but excluding the
monument sign, depicted upon the aforementioned Site and Landscape Plan within these
conditions of approval shall be completed no later than 24 months from the date of this
conditional use approval;
5. Street graphics advertising the sale of alcohol on the premises are prohibited;
6. Package beer in either bottles or cans shall not be sold as a single unit; and
7. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Marc S. Mylott
Marc S. Mylott, Secretary
Planning and Zoning Commission
Director of Community Development
7
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SITE LOCATION EXHIBIT
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