G37-17 Ordinance No. G37-17
AN ORDINANCE GRANTING
A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES
IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT
(1195 North McLean Boulevard)
WHEREAS, written application has been made for a conditional use at 1195 N. McLean
Boulevard; and
WHEREAS, the zoning lot with the building containing the premises at 1195 N. 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 July 10, 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 July 10, 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 1195 N. McLean Boulevard
and commonly identified by Kane County Property Identification Number (PIN) 06-03-376-022,
and legally described as follows:
Parcel 1:
That part of the South '/2 of Fractional Section 3, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Beginning at the point of intersection of
the center line of North McLean Boulevard (formerly Sleepy Hollow Road) and the South
line extended of Todd farm Drive, as platted in Ninth Addition to Century Oaks; thence
Easterly along the said extended south line of Todd Farm Drive and along said South line
195.01 feet; thence Southerly parallel to the center line of North McLean Boulevard 88.00
feet; thence Westerly parallel to the South line of Todd Farm Drive, 195.01 feet to the
center line of North McLean Boulevard; thence Northerly along said center line 88.0 feet
to the point of beginning, the City of Elgin, Kane County, Illinois.
Parcel 2:
Easement for ingress and egress created by Grant of Easement recorded September 26,
1988 as Document Number 1933913 made by First National Bank of Elgin, as Trustee
under Trust No. 2206, to White Hen Pantry, Inc. for the benefit of Parcel 1 over the
following described easement parcel: That part of the South '/2 of Fractional Section 3,
Township 41 North, Range 8 East of the Third Principal Meridian, described as follows:
Beginning at the point of intersection of the center line of North McLean Boulevard
(formerly Sleepy Hollow Road)and the South line extended of Todd Farm Drive,as platted
in Ninth Addition to Century Oaks; thence Easterly along the said extended South line of
Todd Farm Drive and along said South line 195.01 feet; thence Southerly parallel to the
center line of North McLean Boulevard 88 feet for the point of beginning;thence Westerly
parallel to the South line of Todd Farm Drive, 195.01 feet to the center line of North
McLean Boulevard;thence Southerly along said center line 24 feet;thence Easterly parallel
to said South line of Todd Farm Drive 195.01 feet; thence North parallel to said center line
of North McLean Boulevard 24 feet to the point of beginning, 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 Mitesh Patel, as
applicant, and Patan Properties LLC, as property owner, received May 10, 2017, and
supporting documents including:
a. Undated Statement of Purpose and Conformance, received May 9, 2017;
b. Letter of Consent from Mitesh Patel,owner of Patan Properties,dated May 7,2017;
c. Plat of Survey Alta/ACSM Land Title Survey, prepared by Michael J. Emmert
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Surveys, Inc., dated April 1, 2004;
d. Undated Current and Future building floor plan, received May 9, 2017; and
e. Undated sign drawing, received May 9, 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).—KKtainrMayor
Presented: August 23, 2017
Passed August 23, 2017 ��..
Vote: Yeas: 9 Nays: 0
Recorded: August 23, 2017
Published: August 25, 2017 -
A es
Kimberly Dewis, Ci lerk
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July 10, 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 14-17, an application by
Mitesh Patel, as applicant, and Patan Properties LLC, as property owner, requesting conditional
use for accessory package liquor sales at the existing food store at the property located at 1195
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 Pop's Pantry convenience-type food store.
GENERAL INFORMATION
Petition Number: 14-17
Requested Action: Approval of Conditional Use
Current Zoning: AB Area Business District and
ARC Arterial Road Corridor Overlay District
Existing Use: Food Store (Pop's Pantry)
Proposed Use: Accessory Package Liquor Sales
Property Location: 1195 N. McLean Boulevard
Applicant: Mitesh Patel
Owner: Patan Properties LLC
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
LIST OF EXHIBITS ATTACHED
A. Aerial/Location Map
Exhibit A
Recommendation & Findings of Fact
Petition 14-17
July 10, 2017
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Conditional Use Ordinance
BACKGROUND
Mitesh Patel, as applicant, and Patan Properties LLC, as property owner, are requesting approval
of a conditional use for accessory package liquor sales at the existing Pop's Pantry food store at
the property located at 1195 N. McLean Boulevard. The applicant is proposing to sell packaged
beer and wine.
The 13,638-square foot property is improved with an approximately 2,500 square-foot, one-story
commercial building and accessory parking lot with 15 parking spaces. The property has direct
access to Todd Farm Drive on the north, and N. McLean Boulevard to the west via an easement
on the property adjacent to the south. The easement adjacent to the south also includes two
additional parking spaces for the use of the subject property.
The existing commercial building on the site was constructed in 1988 for the White Hen Pantry
food store. The building has always been occupied by a food store.
The applicant is requesting approval to add packaged beer and wine to the list of retail goods
available for sale at the food store. Retail goods will be rearranged to accommodate beer and wine
products within the existing coolers. No alcoholic beverages will be offered for sale for on-site
consumption. The applicant is not proposing any changes to the existing building or the site. The
applicant is planning to install a new window graphics to advertise the sale of beer and wine. Any
new signage will be required to meet the zoning ordinance requirements.
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 a B-type liquor license,which is typically issued
for similar convenience-type food 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. The applicant, however, is not proposing to make any changes to current
hours of operation.The food store is currently open Monday-Friday 5:00 am— 10:00 pm, Saturday
6:00 am- 10:00 pm, and Sunday 8:00 am—9:00 pm.
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
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Recommendation & Findings of Fact
Petition 14-17
July 10, 2017
liquor stores, whose primary use is alcohol sales), staff has verified that no such use exists within
100 feet of the subject property.
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 R4 General Residence District. The property was
rezoned to B3 Service Business District in the late 1980s. The existing building on the
property was constructed in 1988 as White Hen Pantry food store.
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.
B. Surrounding Land Use and Zoning. The property to the north, across Todd Farm Drive,
is zoned MFR Multiple-Family Residence District and ARC Arterial Road Corridor
Overlay District. The property is improved with a three-story multi-family building. The
property to the east is zoned PMFR Planned Multiple-Family Residence District and is
currently vacant and undeveloped. The PMFR District was created in 2006 with the
approval for 35 townhomes on the site. The townhouse development, however, was never
built.
The property to the south is zoned AB Area Business District and ARC Arterial Road
Corridor Overlay District and is currently vacant and undeveloped. The property to the
west across N. McLean Boulevard is also zoned AB Area Business District and ARC
Arterial Road Corridor Overlay District and is improved with a BP motor vehicle service
station. This service station received conditional use approval for accessory package liquor
at the June 28, 2017 city council meeting.
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.
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Recommendation & Findings of Fact
Petition 14-17
July 10, 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 Center City District.
E. Trend of Development. The subject property is located on the northwest side of the city
along N. McLean Boulevard arterial road, and in close proximity to the intersection of N.
McLean Boulevard and Big Timber Road. The properties along N. 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 Butera Market
grocery store, 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 14-17 on July 10,2017. 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 July 10, 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 one-story convenience food store and
accessory parking lot. The proposed accessory packaged liquor sales would be part of the
existing food store without any changes to the building or the site. With the addition of
accessory package liquor sales, the existing food store would be similar to other stand-
alone food stores and convenience stores located as part of motor vehicle service stations
that also sell packaged liquor.The BP gasoline service station immediately across the street
received conditional use approval for accessory package liquor at the June 28, 2017 city
council meeting.
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Recommendation & Findings of Fact
Petition 14-17
July 10, 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 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.
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 direct access to Todd Farm Drive on the
north and N. McLean Boulevard to the west. The property functions with safe and efficient
on-site and off-site vehicular circulation.
The existing 2,500-square foot food store is required to have a total of 10 parking spaces.
The existing parking lot on the property includes a total of 17 parking stalls with two
additional parking spaces available on the easement adjacent to the south. The existing
parking lot adequately serves the existing food store. The addition of accessory package
liquor sales is expected to have a minimal impact on the existing traffic volume and
parking.
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.
The property is well suited to offer accessory package liquor for sale. The food store is
located along a busy arterial road and on the edge of a residential neighborhood. The store
services not only the immediate neighborhood,but a population from a larger area as well.
The proposed sale of packaged liquor is similar to other convenience stores and food stores
that offer packaged liquor.
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Recommendation& Findings of Fact
Petition 14-17
July 10, 2017
No alcoholic beverages will be offered for sale for on-site consumption.
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 14-17, subject to the following conditions:
1. Substantial conformance to the Development Application, submitted by Mitesh Patel, as
applicant, and Patan Properties LLC, as property owner, received May 10, 2017, and
supporting documents including:
a. Undated Statement of Purpose and Conformance, received May 9, 2017;
b. Letter of Consent from Mitesh Patel,owner of Patan Properties,dated May 7,2017;
c. Plat of Survey Alta/ACSM Land Title Survey, prepared by Michael J. Emmert
Surveys, Inc., dated April 1, 2004;
d. Undated Current and Future building floor plan, received May 9, 2017; and
e. Undated sign drawing, received May 9, 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,
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Recommendation& Findings of Fact
Petition 14-17
July 10, 2017
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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ORC3 Residence Conservation 3
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O SFR2 Single Family Residence 2
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-PMFR Planned Multiple Family Residence
C3RB Residence Business
PRB Planned Residential Business
-NB Neighborhood Business F
-PNB Planned Neighborhood Business PRC
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2
_PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial Byron Dr J
-GI General Industrial
-PGI Planned General Industrial
-CI Commercial Industrial
-CF Community Facility
-PCF Planned Community Facility
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