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G23-18 Ordinance No. G23-18 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (811 East Chicago Street) WHEREAS, written application has been made for a conditional use at 811 East Chicago Street; and WHEREAS,the zoning lot with the building containing the premises at 811 East Chicago Street is legally described herein(the "Subject Property"); and WHEREAS, the Subject Property is located within the CI Commercial Industrial District and ARC Arterial Road Corridor Overlay District, and accessory package liquor sales establishment [SR] (UNCL) is listed as a conditional use within the CI Commercial Industrial District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on April 2, 2018, following due notice including 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 CI Commercial Industrial 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 April 2, 2018, 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 811 East Chicago Street and commonly identified by Cook County Property Identification Number(PIN)06-18-302-070-0000, and legally described as follows: Lot 1 in Hoffman Resubdivision of Lots 19 and 20 in county clerk's division of unsubdivided lands in the South 'A of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded December 10, 1997 as Document 97926124, in Cook County, Illinois. (commonly known as 811 East Chicago Street) 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 Rajshree Inc., as applicant, and 7-Eleven, Inc., as property owner, received March 9, 2018, and supporting documents including: a. Undated Statement of Purpose and Conformance letter, received March 9, 2018; b. Plat of Survey, prepared by Precision Land Surveyors, Inc. d.b.a. Teratek, Inc., dated March 20, 2018; c. 7-Eleven Store #32236 site plan, prepared by Royston, dated July 10, 2009; d. 7-Eleven Store #32236 current floor plan, prepared by Royston, dated July 10, 2009; and e. 7-Eleven Store #32236 proposed floor plan, prepared by Royston, dated July 10, 2009. 2. All street graphics must comply with the zoning ordinance requirements. 3. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted. 4. Consumption of alcoholic beverages on the premises is not permitted. 5. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. •avid J. Kapt. or - 2 - Presented: May 9, 2018 Passed: May 9, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: May 9, 20184 Published: May 11, 2018 :t... ,,_4,,; BSF� , ,,,____. Attest: ""' .t'- r • iipt. imberly Dewis, City C •. - 3 - EXHIBIT A April 2, 2018 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 03-18, an application by Rajshree Inc, as applicant, and 7-Eleven Inc, as property owner, requesting a conditional use to permit accessory package liquor sales at the existing motor vehicle service station and convenience food store located at 811 E. Chicago Street, zoned CI Commercial Industrial District and ARC Arterial Road Corridor Overlay District GENERAL INFORMATION Petition Number: 03-18 Property Location: 811 E. Chicago Street Requested Action: Conditional Use for accessory package liquor sales Current Zoning: CI Commercial Industrial District& ARC Arterial Road Corridor Overlay District Proposed Zoning: CI Commercial Industrial District(non change) & ARC Arterial Road Corridor Overlay District Existing Use: Convenience store and motor vehicle service station(7-Eleven) Proposed Use: Convenience store and motor vehicle service station(7-Eleven) with accessory package liquor sales Applicant: Rajshree, Inc. Owner: 7-Eleven, Inc. Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map Recommendation& Findings of Fact Petition 03-18 April 2, 2018 B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Rajshree Inc, as applicant, and 7-Eleven Inc, as property owner, are requesting a conditional use to permit accessory package liquor sales at the existing motor vehicle service station and convenience food store located at 811 E. Chicago Street. The 0.9-acre property is located at the southeast corner of E. Chicago Street and Willard Avenue. The property is improved with a 7-Eleven motor vehicle service station and a 2,940-square foot convenience store completed in 1998. The motor vehicle service station contains six gas pump islands under a detached canopy with the ability to serve 12 vehicles. The property also contains 18 parking spaces, including one accessible space. The existing motor vehicle service station and the convenience store are open 24 hours. The applicant is requesting approval to sell packaged beer and wine from the convenience store. The applicant would not sell any alcohol for on-site consumption, and they do not plan to sell single-serve packages. The applicant is not proposing any changes to the existing building or the store layout. Retail goods would be rearranged to accommodate beer products in five of the ten coolers closest to the checkout register. One retail rack would be devoted to wine products. No changes are proposed to the exterior of the building or the site. The applicant is also not proposing any new signage at this time.Any future exterior graphics would have to meet the zoning ordinance requirements. - 2 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 W A•I . /I t /a ©®.. �\ OMO fah• /I� • I% ",} ?S' 4,14> ,r'IS — 10171 ♦!! �♦�p r `k _ '-4. ♦♦! r 1,S_ wan i iii ■ • • I" ] it 1 c� .:•i■ Y� JI�7u1 ."�,.` RIP Figure 2:Proposed Floor Plan If the conditional use is approved, the applicant would proceed with the application and public hearing process for the liquor license. The liquor license would 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 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. Previous applications for accessory package liquor sales at 811 E. Chicago Street A 7-Eleven convenience store (without the motor vehicle service station) was previously located at 633 E. Chicago Street, and this location had a liquor license. 7-Eleven moved to its current site at 811 E. Chicago Street in 1998 when the motor vehicle service station and the convenience store were completed. Prior to the move, 7-Eleven and its franchisee at the time requested conditional use approval for accessory package liquor sales at the new location at 811 E. Chicago Street.Upon its review,the Zoning and Subdivision Hearing Board recommended denial of the conditional use request. Following a negative recommendation from the Board, the applicant withdrew the application before it was considered by the City Council. In 1999, 7-Eleven and a new franchisee at that time again applied for a conditional use for - 3 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 accessory package liquor sales. The Zoning and Subdivision Hearing Board again recommended denial of the request. The City Council agreed with the Zoning and Subdivision Hearing Board recommendation and denied the conditional use request. In both instances,the Board felt that the addition of alcohol sales could have a negative impact on the crime rates in the neighborhood.The Board also found that allowing sales of alcohol at a motor vehicle service station would send a wrong message that drinking and driving is acceptable. Liquor license at motor vehicle service stations From 1995 until spring 2012, the City did not issue liquor licenses for gas stations and/or their convenience stores. Starting with the Grove Mart on N. Randall Road, the city suggested that motor vehicle service stations could receive a liquor license under certain circumstances,including the proximity to residential and other places selling liquor. All liquor licenses are reviewed on a case by case basis. A new liquor license is created and issued each time an application for a liquor license is approved. Since 2012, the city has issued several liquor licenses for accessory package liquor sales at gas stations and/or their convenience stores, including the BP at 1190 N. McLean Boulevard, the BP at Route 20 and Nesler Road, the Speedway at 1570 Big Timber Road, and the Shell at 2320 N. Randall Road. The proposed accessory package liquor sales use is listed as a conditional use in the CI Commercial Industrial 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 part of a large undeveloped area zoned B Residential by the first zoning ordinance in 1927. By 1950, the property was rezoned to D Commercial. In 1962, the property was rezoned to B4 General Service District. In 1992, it was rezoned to CI Commercial Industrial District as part of the comprehensive amendment to the zoning ordinance. In 1997,the city granted a conditional use approval for a planned development for a motor vehicle recycling facility and a motor vehicle recycling yard at 225, 250 and 300 Willard Avenue. The planned development approval included the subject property at 811 Chicago Street where a commercial retail center was proposed. The commercial retail center, however, was never built. Later that same year, in 1997, 7-Eleven proposed a construction of a new motor vehicle service station with a convenience store at the subject property to relocate their convenience food store from 633 E. Chicago Street. As part of the proposal, 7-Eleven requested a conditional use for accessory package liquor sales at the new motor vehicle service station and convenience store at 811 E. Chicago Street. Following a negative - 4- Recommendation& Findings of Fact Petition 03-18 April 2, 2018 recommendation from the Zoning and Subdivision Hearing Board, 7-Eleven withdrew the application for accessory package liquor sales. The existing motor vehicle service station and convenience store was completed in 1998 and 7-Eleven moved their operations from 633 E. Chicago Street the same year. In 1999, a new franchisee of the 7-Eleven store again applied for the conditional use approval for accessory package liquor sales. The request received a negative recommendation from the Zoning and Subdivision Hearing Board and was denied by the City Council. In 2001,the property became part of the ARC Arterial Road Corridor Overlay District. B. Surrounding Land Use and Zoning. All surrounding properties are zoned CI Commercial Industrial District. The properties to the west,north and east along E.Chicago Street are also part of the ARC Arterial Road Corridor Overlay District. The property to the west is improved with a multi-tenant retail shopping center. The properties to the north are improved with one-story commercial buildings home to a furniture store and two restaurants (Dunkin' Donuts and Pizza Hut). The property adjacent to the east is a used motor vehicle dealership. And, the property adjacent to the south is home to a motor vehicle recycling yard. 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 uses. These commercial areas are generally auto dominated with few pedestrian amenities. D. Zoning District. The purpose and intent of the CI Commercial Industrial District is to provide for an existing pattern of development in which certain commercial uses and industrial uses have located together. The land uses provided for within the CI Zoning District are also provided for within other zoning districts, which in general are more in keeping with the purpose and intent of this Title, and the goals, objectives and policies of the Official Comprehensive Plan. E. Trend of Development. The subject property is located at the southeast corner of E. Chicago Street and Willard Avenue. The existing motor vehicle service station was constructed in 1998. All surrounding properties along E. Chicago Street have historically been improved with auto-oriented commercial uses, such as fast food restaurants, motor - 5 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 vehicle repair shops and other commercial auto-oriented uses. The uses to the east are dominated by large motor vehicle dealerships and motor vehicle repair shops. The existing motor vehicle recycling yard adjacent to the south was established in the late 1990s. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 03-18 on April 2,2018. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use and Written Findings &Recommendation to the Planning&Zoning Commission dated April 2, 2018. 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, vegetation, and existing improvements. The property is developed with a motor vehicle service station and a convenience food store. The proposed packaged sales of beer and wine 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 motor vehicle service stations that also sell packaged liquor. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed conditional use. 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 served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer and water utilities or to the storm water control facilities. The existing sewer, water, and storm water facilities can adequately service the proposed use. - 6 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 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 two full access driveways,one to E.Chicago Street and one to Willard Avenue, and maintains a safe and efficient on-site and off-site vehicular circulation. Per the zoning ordinance, the existing convenience food store (2,940 square feet) is required to have 12 parking spaces. With 18 parking spaces on site, the property meets the parking requirement. The addition of accessory package liquor sales would not alter the parking demand. The property would continue to have adequate parking and traffic configuration. 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. The applicant is not proposing to make any exterior changes to the building or the site.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. While the existing motor vehicle service station is open 24 hours, the sale of alcoholic beverages would be limited by the B-4 liquor license, which is typically issued to motor vehicle service station convenience stores with accessory package liquor. The hours of operation for liquor sales established by B-4 liquor license 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) on Sunday. The existing motor vehicle 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 beer and wine at the convenience store is similar to other motor vehicle service stations that offer packaged liquor. No alcoholic beverages will be offered as single-serve packages, and there would be no alcohol sales 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 - 7 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 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 03-18, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Rajshree Inc., as applicant, and 7-Eleven, Inc., as property owner, received March 9, 2018, and supporting documents including: a. Undated Statement of Purpose and Conformance letter, received March 9, 2018; b. Plat of Survey, prepared by Precision Land Surveyors, Inc. d.b.a. Teratek, Inc., dated March 20, 2018; c. 7-Eleven Store#32236 site plan,prepared by Royston, dated July 10, 2009; d. 7-Eleven Store #32236 current floor plan, prepared by Royston, dated July 10, 2009; and e. 7-Eleven Store #32236 proposed floor plan, prepared by Royston, dated July 10, 2009. 2. All street graphics must comply with the zoning ordinance requirements. 3. Sales of single-serve packages of alcoholic beverages are not permitted. 4. Consumption of alcoholic beverages on the premises is prohibited. 5. 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 above,was five(5)yes,zero(0)no,and zero(0)abstentions.Two members were absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman - 8 - Recommendation & Findings of Fact Petition 03-18 April 2, 2018 Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission - 9- �o�� X, "'q'' .4k CU M , 7 CD oQ D ■ • C76 .c O 3 n 3 - . •-• , x o� T err '. d t� .� - �� \ O5 S . ..... - P1 v ij y ^ H ...t •. i _, '' y� O '1• � . Ill 3 y. ,�" . _4:11 CD . y[ 40, '-:1',;P-,. :.:'::.1:•, '.1;f7.",',it'-. 4 ' , It i .. D) �... : - ,., „ •�...07 4:i 1 tea • _. �. (■i O' •'•'-a-t • 7' Y.��'C 4 .x7` _ � •' .�/ y A v WILLARD AVE ii, ....- iii , A O rya IRIS . Aram n 1 • w . - , ow 4:: 11111111 Ia `* t CI _ '� 0,,° - iq/.-a `:Lod'. off4fr f ' m ate. AP/ r ,p. n.. '...n.,.. • , :4..h c, �■ C o �: ity l+X�• • P. 1. �f, i 1APO 7 ' Ike . o yy ,.. • 00 ��� � y'--1 / A. my =•; yYy v l. .• , ./� , • . �.'!.. 11.11:711:- RC-2 RC1 t J� IRC3 0000 01'V�ZNMFR �0 �� MFR Y�TERRACE CTTERRACEAVE RB Subject Property Li ELID EQm Petition 03-18.. ‘,...„,.............., e � W PMFR p'4RKBLUFC/R B e0, Cq alLTUDF Gp ST 1//: -,,,, [77 0 . 9 II ORC1 Residence Conservation 1 ORC2 Residence Conservation 2 Q RC3 Residence Conservation 3 ' .iii OPRC Planned Residence Conservation b\ O SFR1 Single Family Residence 1 Q PSFR1 Planned Single Family Residence 1 • Q SFR2 Single Family Residence 2 QPSFR2 Planned Single Family Residence 2 O TRF Two Family Residence OPTRF Planned Two Family Residence OMFR Multiple Family Residence O PMFR Planned Multiple Family Residence • O RB Residence Business OPRB Planned Residential Business ;IF MINB Neighborhood Business . • ®PNB Planned Neighborhood Business -AB Area Business MIPAB Planned Area Business '—" BAB — -CC1 Center City 1 / ' -CC2 Center City 2 MIPCC Planned Center City MIORI Office Research Industrial 41.._ -PORI Planned Office Research Industrial -GI General Industrial -PGI Planned General Industrial - , - tggi - -CI Commercial Industrial -CF Community Facility • -PCF Planned Community Facility • Fox River --_---- ilill EXHIBITB Zoning Map N W—411,'"E r s Map prepared by City of Elgin 0 55 110 220 330 440 Department of Community Development Feet Subject Property 811 E. Chicago St. Petition 03-18 0,4 '4( ST • Q J 06183020700000 EXHBIIT C Parcel Map N City of Elgin 0 15 30 60 90 120 Department of Community Development Feet EXHIBIT D SITE LOCATION 811 E. Chicago Street Petition 03-18 Subject Property ` Vilt 1, $ 7.. J' • Ali G + ww", ` • t. ' ^.............„...._.. "\ ;'"�`_. '''4.4 4 0 a t i # ' k `+ �� s,y t ,..7.‘1 .0 ' -• .4.040 °If .4""- IR; Bird's Eye View Looking North r 1.* is i- •c . Ti •S, iwtV.+F ... Y #' i t ' �--. ' ^ r , ? �r of '� 4 M - is :: , ' . ii, . C-iktl,, :1:. .,,yyam�,,, ,' = ` upi ` _ Subject Property Bird's Eye View Looking South EXHIBIT D SITE LOCATION 811 E. Chicago Street Petition 03-18 111111111111.1011111 • it; 11 Lk rf_. _ North Elevation along E. Chicago Street f_ ir 71111 _.. ` ... .. w West Elevation along Willard Avenue EXHIBIT D SITE LOCATION 811 E. Chicago Street Petition 03-18 ->ame. 4 , ,L P4 _ % i It 6 AsoP- West Elevation along Willard Avenue I I 4 i ' dill Property at southwest corner of E. Chicago St. and Willard Ave EXHIBIT D SITE LOCATION 811 E. Chicago Street Petition 03-18 ill .. • ire-.. _ I Lti, . I I 1 milmemo q.........a: .-- Property to the north across E. Chicago St. . f „If bit Pri 1 r1 1 , J ''`ALI �— I _ 1a , P . II LL : . Eft Property at northeast corner of E. Chicago St. and Willard Ave EXHIBIT D SITE LOCATION 811 E. Chicago Street Petition 03-18 � ‘k . . .•►-1i .' r f is irk..`� j , r r n.n r lifilm41 7 _, ...f fM- ,,_.. .0. 1 altin 440 ....„:-.-: - " ;,# ik K 1- , As" fir:.,, . , ? e -� Property at the northwest corner of E. Chicago St. and Willard Ave.