G21-17 Ordinance No. G21-17
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD
CORRIDOR OVERLAY DISTRICT
(1190 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use at 1190 North
McLean Boulevard; and
WHEREAS, the zoning lot with the building containing the premises at 1190 North
McLean Boulevard is legally described herein (the "Subject Property"); and
WHEREAS,the Subject Property is located within the AB Area Business District and ARC
Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR]
(UNCL) 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 May 1, 2017 following due notice 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 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 May 1, 2017, 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 for an accessory package liquor sales establishment
[SR] (UNCL) is hereby granted for the property commonly known as 1190 North McLean
Boulevard and commonly identified by Kane County Property Identification Number (PIN) 06-
03-351-034, and legally described as follows:
Lot 2 of Hill-Newby Subdivision of Lot 1 of Commerce Center Subdivision, being a
subdivision of part of the Southwest Quarter of Section 3, Township 41 North, Range 8
East of the Third Principal Meridian being situated in the City of Elgin, Kane County,
Illinois.
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 Elgin
Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner,
received March 10, 2017, and supporting documents including:
a. Undated Statement of Purpose and Conformance, received March 10, 2017;
b. Alta/ACSM Land Title Survey, prepared by John D. Rebik & Associates, dated
July 25, 2016;
c. Undated Building Floor Plan, prepared by Kolbrook Design, received March 8,
2017;
d. Undated two-page Building Elevations plans, prepared by Kolbrook Design,
received March 8, 2017;
e. Landscape As-Built plan, prepared by Lannert Group, dated February 7, 2017;
f. Undated BP To Go Store Interior—Elgin, IL plan, received January 30, 2017;
g. Undated BP To Go Store Exterior—Elgin IL plan, received January 30, 2017;
h. Monument street graphic plan, prepared by Blair Companies, dated September 6,
2016; and
i. Undated monument street graphic landscape detail plan, received January 30,
2017.
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. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the manner
provided by law.
David J. Kap n, NWYor
- 2 -
Presented: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017 ?
Attes
:u
Kimberly Dewis, City rk
r
- 3 -
June 14, 2017
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 02-17, an application by
Elgin Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner, requesting
conditional use for accessory package liquor sales at the existing motor vehicle service station at
the property located at 1190 North McLean Boulevard,zoned AB Area Business District and ARC
Arterial Road Corridor Overlay District. The conditional use would allow the applicant to serve
packaged beer and wine at the existing BP motor vehicle service station.
GENERAL INFORMATION
Petition Number: 02-17
Requested Action: Approval of Conditional Use
Current Zoning: AB Area Business District and
ARC Arterial Road Corridor Overlay District
Existing Use: Motor Vehicle Service Station(BP), and
Restaurant(Larsa's Kitchen)
Proposed Use: Accessory Package Liquor Sales
Property Location: 1190 North McLean Boulevard
Applicant: Elgin Convenience 1 INC
Owner: RPT Enterprises LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibit A
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Conditional Use Ordinance
BACKGROUND
Elgin Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner, are
requesting approval of a conditional use for accessory package liquor sales at the existing BP motor
vehicle service station at the property located at 1190 North McLean Boulevard.
The approximately one-acre property is improved with a 3,600-square foot building home to BP
motor vehicle service station with an accessory convenience store, and a separate restaurant
Larsa's Kitchen. The motor vehicle service station contains seven gas pump islands under a
detached canopy with ability to service 14 vehicles. The property also contains 18 parking stalls,
including one accessible stall.
The applicant is requesting approval to be able to sell packaged beer and wine in the convenience
store. The applicant is not proposing any changes to the existing building or the store layout. Retail
goods will be rearranged to accommodate beer and wine products in the coolers closest to the
checkout register.No changes are proposed to the site or the exterior signage.
The applicant is not proposing any changes to the hours of operation. The motor vehicle service
station and the accessory convenience store are open 24 hours. Larsa's Kitchen restaurant is open
11:00 am—8:00 pm Monday-Saturday. The restaurant is closed on Sundays.
If the conditional use is approved, the applicant will proceed with the application and public
hearing process for the liquor license. The liquor license will regulate the hours for liquor sales.
The hours of operation for liquor sales allowed by the B-4 liquor license,which is typically issued
to motor vehicle service stations with accessory convenience stores, are 6:00 am— 1:00 am (the
following day) Monday-Thursday, 6:00 am— 2:00 am (the following day) Friday-Saturday, and
9:00 am— 1:00 am(the following day) Sunday.
While the zoning ordinance does not require a 100-foot minimum distance separation from any
church, school, hospital, home for the aged persons, indigent persons, or veterans, or any military
or naval station for accessory package liquor establishments (such requirement only pertains to
liquor stores, whose primary use is alcohol sales), staff has verified that no such use exists within
100 feet of the subject property.
-2 -
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
The proposed accessory package liquor sales use is listed as a conditional use in the AB Area
Business District, and it requires a 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 annexed to the City in 1966. Upon
annexation,the property was zoned M1 Limited Manufacturing District. The property was
later rezoned to B4 General Business District. In 1992, the property was classified within
the AB Area Business District as part of a comprehensive amendment to the zoning
ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay
District.
The property was subdivided in 1997. In 1998, the property received conditional use
approval for a planned development,which permitted the construction of the existing motor
vehicle service station and the adjacent car wash property.
B. Surrounding Land Use and Zoning. The property to the north, across Todd Farm Drive,
is zoned GI General Industrial and ARC Arterial Road Corridor Overlay District, and is
improved with a multi-tenant light industrial building with an accessory surface parking
lot.
The two properties to the east, across North McLean Boulevard, are zoned AB Area
Business and ARC Arterial Road Corridor Overlay District. The property at the southeast
corner of North McLean Boulevard and Todd Farm Drive is improved with a convenience
store (Pop's Pantry), while the second property south of the convenience store is vacant
and undeveloped.
The property to the south is zoned AB Area Business District and ARC Arterial Road
Corridor Overlay District, and is improved with a motor vehicle repair shop. The property
adjacent to the west is also zoned AB Area Business District, and is improved with a car-
wash facility.
C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by
the City's 2005 Comprehensive Plan and Design Guidelines. 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 sues. These commercial areas are generally auto
dominated with few pedestrian amenities.
- 3 -
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
D. Zoning District. The purpose of the Area Business District is to provide commodities and
services to several neighborhoods, and in some instances to a community-wide 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 on the northwest side of the city
along North McLean Boulevard arterial road, and in close proximity to the intersection of
North McLean Boulevard and Big Timber Road. The properties along North McLean
Boulevard in this area have historically been developed with a mix of auto-oriented uses
such as motor vehicle service stations and repair shops, fast food restaurants, stand-alone
banks, and a retail shopping strip center. The current businesses in the area include
McDonald's, Burger King, Taco Bell and Jester's Fast Food restaurants, Chase bank and
Speedway service station, among others.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 02-17 on May 1, 2017. 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 May 1, 2017.
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:
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. There are no significant topographical changes or watercourses on
the property. The property is developed with a motor vehicle service station with an
accessory convenience store, and a restaurant. The proposed packaged liquor sales would
be part of the existing convenience store without any changes to the building or the site.
The proposed conditional use for accessory package liquor sales at the existing
convenience store is similar to other service stations that also sell packaged liquor.
-4 -
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
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 and the subject commercial space are 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.
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 has frontage with full access driveways along
Todd Farm Drive on the north and North McLean Boulevard on the east. The property
functions with safe and efficient on-site and off-site vehicular circulation.
The two existing uses on the property(the restaurant and the service station) are classified
as component uses. If the two uses where located on separate properties, the restaurant
would be required to have 23 parking stalls, while the service station would be required to
have nine parking stalls, which represents a total of 32 parking stalls for both uses.
However, as component land uses with offsetting peak parking demand times (the
restaurant's peak time is during lunch time and early evening hours, while the service
station experiences peak demand during morning and late afternoon rush hours),the zoning
ordinance allows for the reduction of the total parking requirement up to 60%,or 19 parking
stalls. This represents a minimum parking requirement of 13 parking stalls for the two uses
on the property. With 18 parking stalls on site,the property will maintain adequate parking
and traffic configuration. The addition of accessory package liquor sales will not alter the
peak parking demand times of the two uses on site.
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 for accessory package liquor sales will be located or operated in a manner that will
exercise undue detrimental impact on surrounding properties.
- 5 -
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
The property is well suited to offer accessory package liquor for sale. The service station
is located along a busy arterial road and services not only the immediate neighborhood,but
a population from a larger area as well. The proposed sales of packaged liquor at the
accessory convenience store is similar to other service stations that offer packaged liquor.
No alcoholic beverages will be offered for sale for on-site consumption either at the
convenience store or the existing restaurant. The proposed conditional use will provide an
additional amenity the residents and customers of service stations across the city and the
surrounding area have become accustomed to.
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.
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 02-17, subject to the following conditions:
1. Substantial conformance to the Development Application, submitted by Elgin
Convenience 1 INC, as applicant, and RPT Enterprises LLC, as property owner, received
March 10, 2017, and supporting documents including:
a. Undated Statement of Purpose and Conformance, received March 10, 2017;
b. Alta/ACSM Land Title Survey, prepared by John D. Rebik & Associates, dated
July 25, 2016;
c. Undated Building Floor Plan, prepared by Kolbrook Design, received March 8,
2017;
d. Undated two-page Building Elevations plans, prepared by Kolbrook Design,
received March 8, 2017;
e. Landscape As-Built plan,prepared by Lannert Group, dated February 7, 2017;
f. Undated BP To Go Store Interior—Elgin, IL plan, received January 30, 2017;
g. Undated BP To Go Store Exterior—Elgin IL plan, received January 30, 2017;
h. Monument street graphic plan, prepared by Blair Companies, dated September 6,
2016; and
i. Undated monument street graphic landscape detail plan,received January 30,2017.
- 6 -
Recommendation & Findings of Fact
Petition 02-17
May 1, 2017
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. 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. Two members were absent.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic, AICP; Secretary
Planning&Zoning Commission
- 7 -
•!t
®� o •
r , Forest Dr
d
v
� w�� 3 • Subject Property
Sheffield Dr ,A __
Petition 02-17
Cambridge Dr
oddlF,arm Dr r
3
�, ao
a
OByron Dr
.�Ty�ler.Creek<Plz �_°-
c
J
m
Big Timbe1Rd
Timber,Dr
EXHIBITA Aerial/Location Map N
W+
S
0 85 170 340 510 680 Ma P prepared by City of Elgin
Feet
Department of Community Development
R A SFR1
CF
TFR RC1
0
a s
Subject Property MFR o
Petition 02-17
TFR
GI
PMFR
Legend
ORC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3
OPRC Planned Residence Conservation PRC
O SFR1 Single Family Residence 1
O PSFR1 Planned Single Family Residence 1 CF
O SFR2 Single Family Residence 2
O PSFR2 Planned Single Family Residence 2
TRF Two Family Residence
PTRF Planned Two Family Residence
-MFR Multiple Family Residence
-PMFR Planned Multiple Family Residence
RB Residence Business
O PRB Planned Residential Business AB Byron Dr
-NB Neighborhood Business
-PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
-CC Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial
-PGI Planned General Industrial
-Cl Commercial Industrial
-CF Community Facility !:T
-PCF Planned Community Facility PGI �l
EXHIBIT Zoning Map
W E
S
Map prepared by City of Elgin 0 65 130 260 390 520
Department of Community Development Feet
:
I
1,
Subject Property
1190 N McLean Blvd.
Petition 02-17
Todd Farm Dr
I
I
i
�i
,
3
ao
0603351034
i
i
EXHBIIT C Parcel Map N
A
City of Elgin o 12.5 zs so 75 too
Department of Community Development Feet
F4 §
tt �
LAI
AO
r'
J
.+ I
R R
* r.
NOW r
g R
F
r�
t
Y
EXHIBIT D
SITE LOCATION
1190 N McLean Blvd
Petition 02-17
r .
4�
l Yi h4"
F
rr.
e.
East Elevation
r
F
r
x r,
a�
North Elevation
EXHIBIT D
SITE LOCATION
1190 N McLean Blvd
Petition 02-17
ry
�r
View from southwest
View from southeast