G24-16Ordinance No. 024-16
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ESTABLISH A
PACKAGE LIQUOR STORE IN THE AB AREA BUSINESS DISTRICT
(333 South McLean Boulevard, Suite A)
WHEREAS, written application has been made requesting conditional use approval to
establish a package liquor store within a portion of the building located at 333 South McLean
Boulevard; and
WHEREAS, the zoning lot with the building containing the premises at 333 South McLean
Boulevard 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 April 4 , 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 affai rs ; and
WHEREAS, zoning, including, but not lim ited 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 April 4 , 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 333 South
McLean Boulevard , Suite A, commonly identified by Kane County Property Index Number 06-
22-251-042, and legally described as follows:
The north 25 feet of Lot 20 and all of Lots 21 and 22 in block six of the Plat of
South Washington Heights of Lot 2 in the northeast ¼ of Section 22 , township 41
north, Range 8, east of the Third Principal Meridian, ( except that part conveyed to
the City of Elgin by Documents 1778884 described as follows :
Beginning at the northwest comer of the above -described property:
Thence southerly 125.38 feet along the westerly line of said property on an assumed
nearing of south 3 degrees, 28 minutes, 58 seconds west to the southwest comer of
said property; Thence north 89 degrees, 55 minutes, 54 seconds east 9.37 feet
thence north 2 degrees, 27 minutes, 09 seconds east, 125.26 feet to a point north
the north line of said property; thence south 89 degrees, 56 minutes, 25 seconds
west, 7.12 feet to the point of beginning)
(Also except parts dedicated for roadway purposes by instruments recorded
November 9, 1932 as document 360852, recorded November 9, 1932 as document
360855, recorded January 13, 1955 as documents 769855 and recorded May 23,
1955 as document 780568) in the City of Elgin, Kane County , Illinois.
(Commonly known as: 333 McLean Boulevard, Elgin, IL 60123)
be and is hereby approved subject to the following additional conditions:
1. Substantial conformance to the Development Application and Attachments ,
submitted by J&N Liquors, Inc. an Illinois corporation as applicant and BP Realty
Partnership, an Illinois partnership and consisting of the following exhibits:
a . Statement of Purpose & Conformance prepared by Bazos, Freeman,
Kramer, Schuster & Braithwaite, LLC, dated received February 29 , 2016.
b . Street view and aerial photo of 333 South McLean Boulevard with tenant
locations identified prepared by Bazos, Freeman, Kramer, Schuster &
Braithwaite, LLC, dated received February 29, 2016.
c. Floor Plan for J&N Liquors prepared by Mr. Nick Garris dated received on
March 28, 2016.
d. Specifications of shelving and display units submitted by the applicant
dated received on March 29, 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 tenant space 333 South McLean
Boulevard Suite A .
-2-
3 . The applicant or property owner shall install all required landscape material within
the street yard on completion of the roadway and intersection improvements.
Landscape material shall consist of a combination of trees and shrubs.
4. 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. Street graphics advertising the sale of alcohol on the premises
are prohibited.
5. Compliance with all applicable codes and ordinances.
Section 3. That this ordinance shall be full force and effect upon its passage in the
manner provided by law. ~
David J. Kap ain, ayor
Presented : May 4 , 2016
Passed : May 4, 2016
Vote: Yeas : 7 Nays: 1 Abstain: 1
Recorded: May 4 , 2016
Published : May 6 , 2016
Attest:
~e/~
-3 -
April 4, 2016
RECOMMENDATION & FINDINGS OF FACT
SUBJECT
Recommendation and findings of fact for Petition 11-16 , an application by J&N Liquors, Inc., an
Illinois Corporation as applicant and BP Realty Partnership, an Illinois Partnership as owner; to
establish a package liquor sales establishment located 333 South McLean Boulevard , Suite A,
located within the AB Area Business Di strict.
GENERAL INFORMATION
Petition Number: 11 -16
Requested Action: Approval of a Conditional Use
Current Zoning: AB Area Business District
ARC Arterial Road Corridor Overlay District
Existing Use: Commercial Retail Center
Property Location: 333 South McLean Boulevard
Applicant: J&N Liquors. Inc. an Illinois Corporation
Owner: BP Realty Partnership. an Illinois Partnership
Staff Coordinator: Sarosh Saher, AICP, Sen ior Planner
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
BACKGROUND
J&N Liquors , Inc., an Illinois Corporation requests conditional use approval to allow a package
liquor sales establishment at 333 South McLean Boulevard.
Exhibit A
Findings of Fact
Petition 11-16
April 4, 2016
The applicant propo ses to establish a package liquor store at Suite A of the multi-tenant
commercial building. The applicant plans on offering packaged liquor for sale its original
package and not for consumption on the premises and will include beer and wine, hard alcoholic
liquor, spirits , wine coolers, mixes to make drinks (such as sweet and sour, strawberry daiquiri),
and non-alcoholic bev erages such as juices, pop, water and energy drinks. Additionally, non-
beverage items such as tobacco , potato chips , candy, "Little Debbie " snacks and ice are also
proposed to be served. 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 entrance to
allow employees a clear view of the front entrance to the store. No food preparation is proposed
on the premises.
The applicant expects to have approximately two deliveries a week for hard alcoholic liquor and
beer and between one and two deliveries a week for snacks, non-alcoholic beverages and
tobacco. The proposed hours of operation are Sunday through Thursday 9 :00 a.m . to 10:00 p.m .,
and Friday and Saturday 9:00 a.m. to 12 :00 a.m.
The land use is classified as a conditional use in this AB Area Business District and as such,
requires conditional use approval through the public hearing process and city council approval.
Impact of McL ean Boulevard/Lillian Street rig ht-of-way improvements as they relate to
complian ce with th e requirements of th e zoning ordinance
The property is located to the north of the US Route 20/McLean Boulevard interchange.
Construction of the single-point interchange is ongoing and scheduled to be completed towards
the end of 2016.
In January 2012 , the City of Elgin was first apprised that the Illinois Department of
Transportation (IDOT) was in the process of acquiring property for the right-of-way
improvements related to the intersection improvements of U.S . Route 20 and McLean Boulevard
(the "Project"). At that time , it was the City 's understanding that a portion of the Project would
require the acquisition of a portion of private property along the frontage of either side of
McLean Boulevard, as well as along the frontage of several side streets intersecting McLean
Boulevard, in order to widen the right-of-way. The subject property among others was subject to
these ROW acquisitions along its McLean Boulevard frontage .
Generally , IDOT's acquisitions affected property and its subsequent compliance with the zoning
ordinance in two ways. First, the partial acquisitions caused certain properties to become
noncompliant or nonconforming with respect to certain site design regulations ( also known as
bulk regulati ons) set forth in the zoning ordinance . Such regulations included the C it y's
regulations regarding minimum lot area , width and depth , setback requirements, building
coverage, floor area coverage, and regulations pertaining to vehicle use areas and required
parking spaces. The second way in which a property was affected by a partial acquisition was
where the acquisition required the actual demolition or relocation of improvements on the
2
Findings of Fact
Petition 11-16
April 4, 2016
subject property. These improvements included signs, fences, landscaping, or other structures
located in the area adjoining the right-of-way.
In cases where a structure or other improvement needed to be relocated or demolished , the City
had determined that the improvement to be relocated or replaced would need to comply with the
requirements of the zoning ordinance. Thus, if a sign was to be relocated as a result of the
Project, the sign or any replacement was required to comply with current regulations set forth in
the zoning ordinance before it was reestablished. Similarly, if a structure was to be demolished
as a result of the Project, any replacement structure would need to comply with the regulations of
the zoning ordinance, including the site design regulations for the property. Further, in cases
where a sign or other structure existed as lawfully existing nonconforming structure or use prior
to the acquisition, such sign or structure was required to be brought into compliance with the
city's current zoning ordinance regulations before it could be reestablished.
Finally, during the course of the construction, IDOT also required a temporary construction
easement around the entire Project area for the purposes of access , excavation, construction, and
staging of the project and related equipment.
As it related to the subject property at 333 South McLean Boulevard, the Project acquired
between 8 and l O feet of right-of-way and an additional 10 feet of land for use within a
temporary construction easement. This acquisition required the removal of the existing free
standing sign and portions of the paved parking lot and landscape material in the street yard
along McLean Boulevard. The acquisition directly affected the parking spaces facing McLean
Boulevard resulting in the reduction of the width of the drive aisle internal to the property by 8
feet from 33 feet to 25 feet. However, the resultant 25 feet will continue to allow the existing 19
parking spaces to remain in compliance with the requirements of the parking ordinance. The
building itself was not affected by the expansion of the right-of-way and therefore does not
require any further changes.
The Community Development Department offers the following additional information:
A. Zoning History . The subject property was originally annexed to Elgin in 1963 and
platted as part of the South Washington Heights Addition. The property was classified BI
Retail Business District in I 968. In 1992, the property was classified within the AB Area
Business District as part of a comprehensive amendment to the zoning ordinance
The original 2,508 square foot commercial building was built in 1983 at the north end of
the property. In 2004 a 2,338 square foot addition was constructed towards the south
increasing the number of tenant spaces to four . Currently, Suite C is occupied by USA
Payday Loans, Suite D is occupied by Smoke 4 Less, and Suite E is occupied by Cricket
Wireless. J&N Liquors proposes to occupy Suite A. Note that the building does not
currently contain a suite listed as Suite B.
3
Findings of Fact
Petition 11-16
April 4, 2016
B. Surrounding Land Use and Zoning. The areas to the north, south and west of the
subject property are zoned AB Area Business District and are developed with a mix of
commercial and retail uses as part of the McLean Boulevard commercial strip and the
Town and Country Shopping Center. The areas to the east of the property are zoned RC2
Residence Conservation District and are developed with single family residences.
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 CCI 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 on the edge of a commercial
district along South McLean Boulevard and US Route 20, with residential uses to the
east, commercial uses to the west and north and mixture of small industrial uses and
residential uses south of US Route 20/McLean Boulevard interchange. The single point
interchange at US Route 20 and South McLean Boulevard is scheduled to be completed
in 2016.
FINDINGS
After due notice as required by law , the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 11-16 on April 4, 2016. 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 dated April 4, 2016 .
4
Findings of Fact
Petition 11-16
April 4 , 2016
The Community Development Department and the Planning & Zoning Commission have made
the following general findings against the standard s 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 proposed use meets the site characteristics standard in that this standard
evaluates only the site at which the use is proposed. The site is approximately 16,140
square feet in land area (0.37 acre) and is improved with an approximate 4,846 square
foot one-story building and surface parking lot. The property currently contains landscape
material within the side and rear yards. Landscape material in the street yard was
removed as a result of the roadway and intersection improvements.
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 conditional use meets the sewer and water standard as 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 offsite
vehicular circulation designed to minimize traffic congestion.
Findings. The proposed use meets the traffic and parking standard. The subject property
is located on the east side of McLean Boulevard, between Lillian Street and US Route 20.
McLean Boulevard is an arterial street serving the west side of Elgin. There is one point
of access into the subject property from McLean Boulevard.
The property was originally constructed with 19 parking spaces. The McLean Boulevard
right-of-way acquisition directly affected the parking spaces facing the street resulting in
the reduction of the width of the drive aisle internal to the property by 8 feet from 33 feet
to 25 feet. However, the resultant 25 feet will continue to allow the existing 19 parking
spaces to remain in compliance with the requirements of the parking ordinance.
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 i s 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.
5
Findings of Fact
Petition 11-16
April 4, 2016
No evidence has been submitted or of und 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.
E . Historic Preservation Standard. Where applicable, th e 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
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department recommends approval of Petition 11-16, subject to
conditions. The Planning & Zoning Commission concurs with the Community Development
Department and recommends approval of Petition 11-16 subject to conditions. On a motion to
recommend approval, subject to the conditions outlined by the Community Development
Department the vote was six ( 6) yes and zero (0) no. The conditions for approval voted on by the
Planning & Zoning Commission are:
1. Substantial conformance to the Development Application and Attachments, submitted by
J&N Liquors, Inc. an Illinois corporation as applicant and BP Realty Partnership, an
Illinois partnership and consisting of the following exhibits:
a. Statement of Purpose & Conformance prepared by Bazos, Freeman, Kramer,
Schuster & Braithwaite, LLC, dated received February 29, 2016.
b . Street view and aerial photo of 333 South McLean Boulevard with tenant
locations identified prepared by Bazos, Freeman, Kramer, Schuster &
Braithwaite, LLC, dated received February 29, 2016.
c. Floor Plan for J&N Liquors prepared by Mr. Nick Garris dated received on March
28, 2016.
d. Specifications of shelving and display units submitted by the applicant dated
received on March 29, 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 tenant space 333 South McLean
Boulevard, Suite A.
6
Findings of Fact
Petition 11-16
April 4 , 2016
3 . The applicant or property owner shall install all required landscape material within the
street yard on completion of the roadway and intersection improvements. Landscape
material shall consist of a combination of trees and shrubs.
4 . 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.
Street graphics advertising the sale of alcohol on the premises are prohibited.
5 . Package beer in either bottles or cans shall not be sold as a single unit.
6 . Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/ Robert Siljestrom
Robert Siljestrom, Chairman
Planning & Zoning Commission
s/ Sarosh Saher
Sarosh B . Saher, AICP, Secretary
Planning & Zoning Commission
7
·xHIBIT A
Map prepared by City of Elgin
Department of Community Development
Aerial/Location Map
0 so 100 200 300 400 ~=-:::i.-llllliiii::::::::==---Feet
t:J RC 1 Residence Conservation 1
t:J RC2 Residence Conservation 2
0 RC3 Res idence Conservation 3
.=:J PRC Planned Residence Conservation
t:J SFR1 Single Family Residence 1
t:J PSFR1 Planned Single Family Residence 1
t:J SFR2 Single Family Residence 2
c:::J PSFR2 Planned Single Famiy Residence 2
t:J TRF Two Family Residence
c:::J PTRF Planned Two Family Residence
t:J MFR Multiple Family Residence
c:::J PMFR Planned Multiple Family Residence
t:J RB Residence Business
c:::J PRB Planned Residential Business
c::J NB Neighborhood Business
c::J PNB Planned Neighborhood Business
AB Area Business
-PAB Planned Area Business
-CC1 Center C ity 1
-CC2 Center City 2
-PCC Planned Center City c:::J O RI Office Research Industrial
c:::J PORI Planned Office Research Industrial
-GI General Indust rial
-PGI Planned General Industrial
-Cl Commercial Industrial
-CF Community Facility
-PCF P lanned Community Facility
-FRP Fox River Preservation
'<HIBIT B
Map prepared by City of Elg in
Department of Co mmunity Development
Zoning Map
Subj e ct Property
Petition 11-16
PR €
0 90 180
-M
360 540 720
Feet
I
\
Main Ln
C:XHBIIT C
City of Elgin
Department of Community Development
7
0622251042
Subject Property ,_
333 S Mclean Blvd
Petition 11-16
\ ___ L__ __ __J
V
Parcel Map N
A
0 ~ ~ M 1~ 1~
a::im::1--===:::::::::a-•Feet
J
SITE LOCATION EXHIBIT
333 South McLean Boulevard
Petition 11-16
Site Location
Perspective View #1
SITE LOCATION EXHIBIT
333 South McLean Boulevard
Petition 11-16
Perspective View
Site Pictures