Plan Commission

LEGAL NOTICE OF PUBLIC HEARING Skokie Plan Commission, Thursday, February 21, 2013, Village of Skokie, 5127 Oakton Street, Skokie, Illinois 60077, at 7:30 P.M., to consider the following: NEW ACTION TAKEN 2013-2P – Special Use Permit: 9426 Skokie Boulevard Approved Chicago Land Title Trust Company, an Illinois corporation, as successor 7-0-2 Trustee under the provisions of a trust agreement dated December 8, 1997 and known as trust number 123648-08, and Inland Real Estate- Illinois, LLC, as beneficiary, on behalf of Produce World, Inc., request a special use permit for the sale of packaged beer, wine, and liquor at a fruit and vegetable store in a B2 Commercial district. REVIEW 2011-11P – Zoning Chapter Amendment: Article I. In General and Article II. Administration and Enforcement Continued to 3-21-13 The Planning Division requests a comprehensive revision and reorganization of Article I. In General and Article II. Administration and Enforcement of the Chapter 118. Zoning of the Skokie Village Code and any other sections that might be affected by these changes. The subject matter may include, but not be limited to, existing buildings and uses, enforcement and interpretation of the chapter, the duties and procedures for the Plan Commission and Zoning Board of Appeals, and definitions. FOR YOUR INFORMATION: Plans and related documents are available at the Village’s Community Development Department, Planning Division, (847) 933-8447 Monday through Friday, from 8:30 AM to 5:00 PM. SP ECI AL AI D: Available upon request for the disabled. Call (847) 673-0500 or TDD (847) 933-8455. Interested parties are invited to attend this meeting. This notice is for information purposes only. Published in the Skokie Review on January 24, 2013. Paul Luke, Chairman VOSDOCS-#422483-v1-Legal_Notice_of_Public_Hearing_for_Plan_Commission_meeting_of_2013-2-21 STAFF REPORT 2013-2P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, February 21, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Special Use Permit Packaged beer, wine, and liquor sales Produce World 9426 Skokie Boulevard General Information Location 9426 Skokie Boulevard Purpose Special use permit for packaged beer, wine, and liquor sales Petitioner Chicago Land Title Trust Company, an Illinois corporation, as successor Trustee under the provisions of a trust agreement dated December 8, 1997 and known as trust number 123648-08, and Inland Real Estate, LLC as beneficiary, on behalf of Produce World, Inc. Size of Site 250,880 ft2 (5.759 acres) Existing Zoning & B2 Commercial – bank with drive-through, department store, Land Use vacant storefronts, clothing stores, beauty salon, beauty supply store, full-service restaurants, electronics store, produce store, tutoring center, home furnishings store Adjacent Zoning & North B1 Service Commercial – full-service restaurant Land Use B2 Commercial – multifamily residences South B3 Business – multifamily residences, limited-service restaurants, electronics store East B2 Commercial – clothing store, vitamin store B3 Business – clothing store, department store West R2 Single-Family – golf course Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION  Public sidewalks are located along Skokie Boulevard and Foster Street  Overhead utilities run along the north, south, and west sides of the subject site #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 1 of 6  Two 2-way driveways provide access from southbound Skokie Boulevard into the shopping center parking lot.  Three 2-way driveways provide access from Foster Street into the shopping center parking lot.  The site is served by the CTA 97 and 54A buses and the Pace 208 bus which all stop on Skokie Boulevard adjacent to the shopping center. PETITIONERS’ SUBMITTAL The petitioners are requesting a special use permit for packaged beer, wine, and liquor sales at an existing Produce World store. Alcoholic beverage sales will be confined to a 124 linear foot display located near the store’s checkout area. Produce World presently sells beer, wine, and liquor at its 2 other locations in Norridge and Morton Grove. STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. All departments returned the sheets with no comments regarding the subject case. Staff recommends approval of the special use permit for packaged beer, wine, and liquor sales. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area. It should be noted that a special use permit was issued in 1997 for the sale of packaged liquor goods at Cost Plus World Market, which was located at the west side of the shopping center (case 96-20P). The store closed in 2008 and the special use permit was repealed the following year. The hours of the sale of packaged beer, wine, and liquor at Produce World shall be in accordance with all state and local laws. The Class M License that would apply to this site restricts the sale to between 7 AM and 11 PM, with sales on Sunday beginning at 8 AM. Produce World’s operating hours are 8 AM to 9PM, 7 days a week. Any change in the business ownership or operator of the liquor sales from Produce World shall cause the subject Special Use Permit to cease. Prior to the issuance of a liquor license, any Produce World signage that is located within the public sidewalk must be relocated onto the subject site. The existing location of the store’s signage obstructs pedestrian movement along the sidewalk. APPEARANCE COMMISSION Appearance Commission review is not required. #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 2 of 6 STAFF RECOMMENDATIONS Staff recommends that the petitioners’ request for a special use permit for packaged, beer, wine, and liquor sales at 9426 Skokie Boulevard be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 3 of 6 RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of a liquor license, all Produce World signage that is located within the public sidewalk must be relocated onto the subject site. 2. Any change in the business ownership or operator of the liquor sales from Produce World shall cause the subject Special Use Permit to cease. 3. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 4. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 5. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact for 2013-2P 2. Land Use and Zoning Map #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 4 of 6 Proposed Positive Findings of Fact 2013-2P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, February 21, 2013 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed sale of packaged, beer, wine, and liquor will not be detrimental to or endanger the public health, safety, morals, or general welfare. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed sale of packaged, beer, wine, and liquor will not have an adverse impact upon or change the character of the neighborhood. A former occupant within the subject site sold packaged alcoholic beverages on a larger scale than that which the petitioner intends and had no impact upon the rest of the subject site or the surrounding neighborhood. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The proposed sale of packaged, beer, wine, and liquor will take place entirely within the confines of the building and will have no impact upon the development and use of neighboring property. 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed sale of packaged beer, wine, and liquor is not contrary to the primary purpose of the B2 Commercial district. #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 5 of 6 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as retail/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan. #423774 v1 Staff Report – 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard 6 of 6