PLANNING & ZONING COMMISSION Monday, April 6, :00 pm

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1 PLANNING & ZONING COMMISSION Monday, April 6, :00 pm City of Elgin City Council Chambers - 2 nd Floor North Tower 150 Dexter Court, Elgin, IL AGENDA A. Call Meeting to Order and Roll Call B. Approval of Minutes March 2, 2015 C. Chairman s Opening Statement D. Administer Oath to Persons Desiring to Testify E. Petitions to be Considered Conditional Use: S. McLean Blvd. - #51-14, Moose Lodge Cell Tower W. Chicago St. - #62-14, Continuation of RAM Foods F. Other Business 1. Adopt Rules of Order for Planning & Zoning Commission G. Summary of Pending Development Applications H. Public Comment I. Adjournment THE CITY OF ELGIN IS SUBJECT TO THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF INDIVIDUALS WITH DISABILITIES WHO PLAN TO ATTEND THIS MEETING AND WHO REQUIRED CERTAIN ACCOMMODATIONS IN ORDER TO ALLOW THEM TO OBSERVE AND/OR PARTICIPATE IN THIS MEETING, OR WHO HAVE QUESTIONS REGARDING THE ACCESSIBILITY OF THE MEETING OR THE FACILITIES, ARE REQUESTED TO CONTACT THE HUMAN RESOURCES DEPARTMENT, ADA COORDINATOR AT (847) {TDD (847) } PROMPTLY TO ALLOW THE CITY OF ELGIN TO MAKE REASONABLE ACCOMMODATIONS FOR THOSE PERSONS.

2 PLANNING & ZONING COMMISSION City of Elgin March 2, 2015 Proposed - Minutes The regular meeting of the Planning & Zoning Commission was called to order at 7:03 p.m. on Monday, March 2, 2015, in the City Council Chambers. Members Present: Karen Beyer, Corey Dixon, Beth Kruger, Anthony Pedote, Loretta Revesz and Chairman Robert Siljestrom. Members Absent: Jay Cox Staff Present: Marc Mylott, Director of Community Development; Dave Waden, Senior Planner; and Denise Momodu, Associate Planner. APPROVAL OF MINUTES: Motion made by Commissioner Kruger to approve the minutes of February 2, 2015, approved as submitted. The motion was seconded by Commissioner Beyer. The motion passed (Abstain: Pedote) Oath Administered: The court reporter administered the oath to all persons desiring to testify. PETITION TO BE CONSIDERED: Consideration of Petition Requesting an amendment to PAB Planned Area Business District Ordinance Number G40-06, to allow the redevelopment of a portion of the property located at 815 South Randall Road; by Versa Development, as applicant and Meijer Stores Limited Partnership a Michigan corporation, as owner. No objectors were present. Commissioner Kruger moved to recommend that City Council approve Petition 56-14, subject to the conditions outlined within the staff report; and to adopt as the findings of the Commission, the documents and conditions provided within such staff report. Commissioner Revesz seconded the motion, which was adopted 4-2. (Nays: Dixon and Pedote)

3 Planning & Zoning Commission March 2, 2015 Page 2 of 2 Consideration of Petition Requesting an Amendment to the Annexation Agreement, and an Amendment to the Planned Single Family Residence District Ordinance G47-06, and the Planned Multiple Family Residence District Ordinance G48-06, and Final Plat Approval, for the Residential Subdivision know as Cedar Grove; By Ryland Homes, as Applicant and Owner. No objectors were present. Commissioner Revesz moved to recommend that City Council approve Petition 57-14, subject to the conditions outlined within the staff report; and to adopt as the findings of the Commission, the documents and conditions provided within such staff report. Commissioner Beyer seconded the motion, which was adopted 6-0. Consideration of Petition Requesting a Conditional Use in the NB Neighborhood Business District, to permit the sale of Accessory Package Liquor within an existing retail establishment. Property located at 725 West Chicago Street, by Kozar Law Office on behalf of Ram Food as Applicant, and Suze Sarrazin as Owner. Commissioner Kruger moved to continue the public hearing on April 6, Commissioner Revesz seconded the motion, which was adopted 6-0. OTHER BUSINESS: None. PENDING DEVELOPMENT APPLICATIONS: Mr. Waden gave a summary of pending applications. ADJOURNMENT: Motion to adjourn was made by Commissioner Pedote. The motion was seconded by Commissioner Kruger. The motion passed unanimously. The meeting of the Planning & Zoning Commission was adjourned at 8:15 p.m. Respectfully submitted, Dave Waden, Secretary Date Approved by the Planning & Zoning Commission

4 Mayor David J. Kaptain City Council Richard Dunne Terry Gavin Rosamaria Martinez Tish S. Powell John Prigge Carol Rauschenberger Toby Shaw F. John Steffen April 3, 2015 City Manager Sean R. Stegall TO: FROM: SUBJECT: Chairman and Members of the Planning & Zoning Commission Denise Momodu, Associate Planner Conditional Use to Install a Commercial Antenna Tower 925 South McLean Boulevard (Petition 51-14) PROJECT OVERVIEW Chicago SMSA Limited Partnership doing business on behalf of Verizon Wireless requests approval of a conditional use to install a Commercial Antenna Tower at 925 South McLean Boulevard, more commonly known as the Elgin Moose Lodge. The conditional use would allow the applicant to construct a cellular commercial antenna tower that does not meet the required fall zone requirements. RECOMMENDATION Staff of the Community Development Department recommend that the petition be continued to the May 4, 2015, scheduled meeting of the Planning & Zoning Commission. BACKGROUND The applicant proposes to construct a 154 foot tall monopole tower and equipment enclosure to be located along the north side of the Elgin Moose Lodge building which is located within the Hurons McLean Boulevard subdivision. Commercial antenna towers are required to be set back from all property lines at a minimum distance equal in height of the commercial antenna tower, from any zoning district. The proposed monopole does not meet this minimum setback requirement, and is therefore required to be approved as a conditional use. Conditional uses must be granted through a public hearing of the Planning & Zoning Commission and City Council approval 150 Dexter Court, Elgin, IL

5 April 6, 2015 CONDITIONAL USE REVIEW AND WRITTEN FINDINGS & RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT Community Development Department City of Elgin, Illinois PROJECT OVERVIEW Ram Food Store requests approval of a conditional use to permit the sale of accessory package liquor within the existing retail establishment located at 725 West Chicago Street. Staff recommends approval of the application, subject to the conditions outlined at the end of this report. GENERAL INFORMATION Petition Number: Requested Action: Property Location: Current Zoning: Applicant: Staff Coordinator: Conditional Use Approval 725 West Chicago Street NB Neighborhood Business District Suze Sarrazin d.b.a. Ram Food Store LLC Marc Mylott, AICP; Director of Community Development LIST OF EXHIBITS ATTACHED A. Aerial/Location Map; B. Zoning Map; C. Parcel Map; D. Site Photos; E. Application and cover letter dated December 11, 2014, including but not limited to the following attachments: Statement of Purpose and Conformance, Site and Landscape Plan, various letters of support, and a supplemental letter dated February 16, 2015; F. of Opposition from Northwest Neighborhood Association dated February 11, 2015; and G. Draft conditional use ordinance.

6 Conditional Use Review Community Development Department Petition April 6, 2015 ADDITIONAL INFORMATION On March 2, 2015, Ram Food Store requested, and the Planning & Zoning Commission granted, a continuance of this zoning public hearing to April 6, 2015 to allow the applicant to meet with the Near West Neighbors Association to determine whether neighborhood concerns could be addressed. Within this and the March 2, 2015 packet, staff provided the Planning & Zoning Commission with a copy of those concerns (see from neighborhood president Jennifer Fukala to City Councilmembers dated February 11, 2015). At the April 6, 2015 public hearing, the applicant will update the Commission on their outreach efforts. This 1,300 square-foot, local general store is a permitted use in the NB Neighborhood Business District, and the owner requests permission to add the retail sale of packaged beer and wine to the inventory of goods offered to the customers. Accessory package liquor sales is a listed conditional use in the NB district. The owner has submitted similar conditional use applications in the past, most recently in May 2013 (Petition 14-13). Staff recommended against that application, but the Planning & Zoning Commission unanimously recommended that city council approve it, subject to conditions. In November 2013, city council voted 4-4 on a motion to approve the conditional use, subject to conditions; however, because city council rules require a majority of a quorum for action and because no subsequent motions were made, the application was deemed denied. The beer and wine would be kept inside an existing 8-foot wide by 2-foot deep cooler, occupying less than 2% of the total floor space. The cooler is proximate to and can be seen from the cash register providing employees with the ability to watch and control who accesses the alcoholic beverages. The owner maintains his 2013 commitment to not sell individual servings and to strictly enforce the prohibition of on-site consumption. As part of the liquor license process, the owner and employees would be required to complete a state certified beverage alcohol sellers and service education and training program (BASSET), and that certification would have to be submitted with each annual request for liquor license renewal (Section of the Elgin Municipal Code, 1976, as amended). The store s hours of operation are Monday through Saturday from 8:00 am to 9:00 pm and Sunday from 10:00 am to 8:00 pm. With this application, the owner also continues the commitment to make significant improvements to the site, including bringing both the existing non-conforming free-standing sign and the parking lot into compliance. The pole sign, shown in Figure 1 on the next page, would be replaced with a 40 square-foot monument sign. In addition, substantial amounts of pavement would be removed from the property and tree bank and replaced with grass and landscaping. Already, as part of the city s recent utility work and street repairs, the asphalt within the tree bank located along Sheridan Street has been removed and restored with sod, and the entrance off Sheridan Street has been relocated to the south. The owner would remove the curb cut along Chicago Street closest to the intersection and return that area to grass too. Then, the owner would provide an 8-foot landscape setback on private property, which would contain the landscape materials required by the zoning ordinance (23 shrubs and 3 trees). Finally, the site plan includes removing asphalt at the southeast corner of the property, adjacent to the single-family home, and the owner would plant a canopy tree. The trees along Chicago and Sheridan Streets would be 2

7 Conditional Use Review Community Development Department Petition April 6, 2015 Figure 1 -- Non-conforming Pole Sign and Parking Lot at Ram Food, 725 W. Chicago Street understory trees to minimize future interference with the utility lines immediately overhead. The end result will be a much more organized and efficient parking lot, and the additional green space and landscaping will greatly enhance the aesthetics of the property and allow stormwater infiltration where very little happens now. Beyond the previously noted operational commitments and site improvements, the applicant has offered additional considerations in an effort to ensure that this grant of conditional use will not cause negative impacts on the neighborhood. In a letter dated February 16, 2015 (a copy of which is attached to this review), the attorney for the applicant commits that the owner will also: Place signage on the beer and wine cooler reminding customers to be respectful to the neighbors; Prohibit check cashing services after 8 pm on Friday and Saturday nights; Refuse future service to customers who cause disturbances in the neighborhood after purchasing beer or wine; and Meet with the Police Department regarding the proper placement of security recording devices and make reasonable attempts to accommodate those suggestions. Finally, in 2013, recall that the Planning & Zoning Commission recommended to city council that a grant of conditional use be conditioned upon a prohibition of any liquor signs. 3

8 Conditional Use Review Community Development Department Petition April 6, 2015 The Community Development Department offers the following additional information: A. Zoning History. The subject property was originally classified as B Residential District in The property was reclassified to B3 Services Business District in In 1992, the property was reclassified to NB Neighborhood Business District as part of a comprehensive amendment to the zoning ordinance. The existing commercial building was built in The owner received occupancy approval in 2009 for a food store and an eating place limited to an ice cream counter and a coffee/ice tea island for consumable products. B. Surrounding Land Use and Zoning. The areas to the north, west, and east of the subject property are zoned NB Neighborhood District and developed with commercial and retail uses, business services, and a municipal fire station. The area to the south of the subject property is zoned RC2 Residence Conservation District and is developed with single-family residences. C. Comprehensive Plan. The subject property is designated as Neighborhood Mixed-Use Center by the City s Comprehensive Plan and Design Guidelines dated Neighborhood Mixed-Use Centers are designated to meet the daily convenience goods and service needs of the residents in immediately adjacent neighborhoods. Their size would not generally exceed acres, and would include a mix of small scale retail/service uses, a neighborhood park, and possible an institutional use such as a church or elementary school. Access is generally from local and collector streets. D. Zoning District. The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. E. Trend of Development. The subject property is located on the edge of an established neighborhood business center that provides convenience goods and services to the surrounding older established residential neighborhoods. STANDARDS FOR CONDITIONAL USES For consideration by the Planning & Zoning Commission, the Community Development Department offers the following findings regarding this application against the standards for conditional uses outlined within : 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. 4

9 Conditional Use Review Community Development Department Petition April 6, 2015 Findings. The proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property is a regular shaped parcel containing approximately 10,200 square feet of lot area. The property is improved with a one-story commercial building and asphalt vehicle use area that cover the entire lot. A 6-foot high fence encloses the rear area of the building, and the site contains no natural features. The applicant has proposed adding significant amounts of green space and landscaping. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The proposed use meets the sewer and water standard in that the subject property is served by municipal water and sanitary sewer systems. The applicant proposes to remove significant amounts of impervious surface which will decrease the amount of stormwater runoff as more rain can infiltrate the ground. C. Traffic and Parking Standard. The availability 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 proposed use meets the traffic and parking standard. The subject property is located at the southwest corner of West Chicago Street and Sheridan Street. West Chicago Street is a collector street serving the west side of Elgin. Sheridan Street is a local street serving the surrounding neighborhood. The applicant proposes to remove the curb cut along Chicago Street closest to the intersection of Chicago and Sheridan Streets, and reorganize the on-site parking, ensuring the parking aisles and stalls comply with the zoning ordinance. The applicant proposes to bring the existing non-conforming parking lot into compliance by providing an 8-foot vehicle use area street setback, including the required landscape materials, along the perimeter of the parking lot. The seven parking spaces that would be provided exceed the five parking spaces required by the zoning ordinance. E. 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 proposed use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. The beer and wine will be located inside and within an existing 8-foot by 2- foot cooler, and the design of the store allows the employees to easily see the cooler from the cash register. Operationally, the Elgin Municipal Code requires those employees to complete a state-certified beverage alcohol sellers and service education and training 5

10 Conditional Use Review Community Development Department Petition April 6, 2015 program (BASSET), and that certification would have to be submitted with each annual request for liquor license renewal. Beer will not be sold in single bottles or cans, and no exterior signs will advertise the availability of beer and wine on the premises. In addition, the owner will put signage on the cooler reminding customers to be respectful of their neighbors, and the owner will refuse future service to customers who cause disturbances within the neighborhood. Finally, the owner will stop any check cashing services after 8 pm on Fridays and Saturdays and consult with the Elgin Police Department regarding the proper placement of security recording devices. Considering the foregoing, the owner has taken all reasonable safe guards to minimize the likelihood 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. F. 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 as the subject property is neither designated as a historic landmark nor is it located within a historic district. COMMENTS FROM OTHER CITY DEPARTMENTS The following are additional comments and/or requirements provided by other city departments regarding the applicability of life/safety and other codes as well as whether or not that applicability materially affects the project proposal. 1. Fire Department Comments that materially affect the site and/or building plans No comments. Comments that will be addressed during the plan review/permitting process No comments. 2. Community Development Building and Development Division Comments that materially affect the site and/or building plans No comments. Comments that will be addressed during the plan review/permitting process No comments. 6

11 Conditional Use Review Community Development Department Petition April 6, Community Development Code Enforcement Division Comments that materially affect the site and/or building plans No comments. Comments that will be addressed during the plan review/permitting process No comments. 4. Public Works - Engineering Division Comments that materially affect the site and/or building plans No comments. Comments that will be addressed during the plan review/permitting process No comments. 5. Police Department Comments that materially affect the site and/or building plans Based on the response criteria of life/safety or other codes, the police department has no comment. Comments that will be addressed during the plan review/permitting process Based on the response criteria of life/safety or other codes, the police department has no comment. 6. Public Works Parks and Open Space Maintenance Comments that materially affect the site and/or building plans No comments. Comments that will be addressed during the plan review/permitting process No comments. 7. Water Department Comments that materially affect the site and/or building plans No comments on the requested petition. This site does not have any known water issues. Comments that will be addressed during the plan review/permitting process No comments on the requested petition. This site does not have any known water issues. ADDITIONAL PERMITS/APPROVALS REQUIRED The owner will be required to obtain a liquor license from the Liquor Commission. Section (I) of the Elgin Municipal Code, 1976, as amended, requires an applicant to first obtain a conditional use before an initial class B, B-1, B-2, B-3, B -4, or B-5 license can be considered or granted. 7

12 Conditional Use Review Community Development Department Petition April 6, 2015 RECOMMENDATION Since the May 2013 application for conditional use, the applicant has offered several additional operational considerations to minimize the likelihood that the sale of beer and wine from the general store would create any undue detrimental influence on surrounding property. In all ways, the conditional use conforms to the criteria against which conditional uses are evaluated (Section of the Elgin Zoning Ordinance). In addition, and notwithstanding the objection raised by the Northwest Neighborhood Association, the applicant continues to provide substantial numbers of letters of support from persons living and working within the neighborhood. As such, the Community Development Department recommends approval of the conditional use, subject to the following conditions: 1. Substantial conformance to the Application, Statement of Purpose and Conformance, and other attachments submitted under the cover letter from Attorney Ashley Bump on behalf of Ram Food, dated December 11, 2014; 2. Substantial conformance to the letter from Attorney Ashley Bump dated February 16, 2015, wherein the applicant agrees to certain operational practices; 3. Substantial conformance to the Site and Landscape Plan, dated August 4, 2013, last revised date October 20, 2013, submitted under a cover letter from Attorney Ashley Bump on behalf of Ram Food, dated December 11, 2014; 4. All improvements, including the installation of the plant materials, depicted upon the aforementioned Site and Landscape Plan within these conditions of approval shall be completed no later than 24 months from the date of this conditional use approval; 5. The existing non-conforming pole graphic located at the northeast corner of the property shall be replaced with a conforming free-standing 40-square foot monument style graphic within three (3) months from the date of this conditional use approval; 6. Street graphics advertising the sale of alcohol on the premises are prohibited; 7. Package beer in either bottles or cans shall not be sold as a single unit; and 8. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/ Marc S. Mylott Director of Community Development 8

13 Wilcox Ave Pennsylvania Ave Crighton Ave Subject Property Petition Union St Chicago St Woodland Ave Sheridan St Crescent St Van St EXHIBIT A Map prepared by City of Elgin Department of Community Development Aerial/Location Map Feet

14 Mallery Ave Wilcox Ave Larkin Ave CF Highland Ave RB Monroe St Hamilton Ave Subject Property Petition Crighton Ave PGI RC3 Woodland Ave NB Legend Chicago St Residence Conservation 1 Residence Conservation 2 Residence Conservation 3 Planned Residence Conservation Single Family Residence 1 Single Family Residence 2 Planned Single Family Residence 2 Two Family Residence Multiple Family Residence Planned Multiple Family Residence Residence Business Planned Residential Business Neighborhood Business Van St RC2 Union St Sheridan St Van St Crescent St Planned Neighborhood Business Area Business Planned Area Business Center City 1 Center City 2 Planned Center City Office Research Industrial Planned Office Research Industrial General Industrial Planned General Industrial Commercial Industrial Planned Community Facility Community Facility Shuler St South St Gertrude St Fox River Preservation Planned Center City 2 Planned Single Family Residence 1 Planned Two Family Residence EXHIBIT B Map prepared by City of Elgin Department of Community Development Zoning Map Feet

15 Union St Subject Property 725 W. Chicago St. Petition Chicago St Sheridan St EXHBIIT C City of Elgin Department of Community Development Parcel Map Feet

16 SITE LOCATION EXHIBIT 725 West Chicago Street Petition Site Location Perspective View #1

17 SITE LOCATION EXHIBIT 725 West Chicago Street Petition Perspective View #2 Site Pictures

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83 Marc Mylott From: Sent: To: Subject: Wednesday, February 11, :09 PM Mayor; Rich Dunne; Terry L. Gavin; Rosamaria Martinez; Tish Powell; John Prigge; Carol J. Rauschenberger; Toby Shaw; John Steffen; Marc Mylott; Sean Stegall Jennifer Fukala, NWNA President, Open letter to Elgin City Council Distinguished Council members: The board of the Near West Neighbors Association has become aware that Ram Foods convenience store, located at 725 W. Chicago Street and within the borders of our association, seeks to obtain a license to sell alcohol. We would like to notify the Council that our organization opposes this action and asks for your consideration. We feel the selling of alcohol at Ram Foods would have an overall negative impact on our neighborhood. This store, which sells a variety of grocery goods, is frequented by children who stop to buy beverages and snacks as they walk to and from school. The sale of liquor at this location would create an environment that is not appropriate for children to be visiting without a parent or guardian. We believe loitering has a tendency to take place outside liquor stores and would present a potential safety hazard to the children. Our neighborhood has a high rate of foot traffic along the main routes of Highland Avenue, W. Chicago Street and South Street. We fear the cleanliness and overall appearance, issues which our group continues to work hard to improve would be jeopardized by the additional litter dropped as people travel to and from the establishment to buy alcohol. There are currently three other establishments which sell liquor within a half mile of Ram Foods location. Our neighborhood has had issues with a variety of criminal activity in and around these locations over the years and it is not a situation we desire to return to. In a neighborhood our size we feel adding another liquor store is well past the point of saturation. Near West Neighbors Association views the businesses within our borders as assets to our neighborhood. We do not take lightly decisions such as this, as we do not wish to limit anyone s success, but we hope that you see as we do that sales of liquor at Ram Foods would present more risk than reward. Thank you for your consideration. Jennifer Fukala NWNA President 1

84 Draft 3/24/15 Ordinance No. Gxx-15 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES AT AN EXISTING GENERAL MERCHANDISE STORE (725 W. Chicago Street) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales at Ram Food, an existing general merchandise store located at 725 W. Chicago Street, which lot is legally described herein and is hereinafter referred to as the Subject Property ; and WHEREAS, the Subject Property is located within the NB Neighborhood Business District and accessory package liquor sales is a listed conditional use within the NB district; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on March 2, 2015 and April 6, 2015 following due notice by publication; and WHERAS, the Community Development Department and the Planning & Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommended approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendations of the Community Development Department and the Planning & Zoning Commission. 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 6, 2015, made by the Community Development Department and the Planning & 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 permit accessory package liquor sales in the NB Neighborhood Business District at 725 W. Chicago Street, legally described as follows: Lot 1 and 2 Except the West 30.5 Feet of Said Lots in Block 4 of Oak Ridge Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known as 725 West Chicago Street) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Application, Statement of Purpose and Conformance, and other attachments submitted under the cover letter from Attorney Ashley Bump on behalf of Ram Food, dated December 11, 2014;

85 2. Substantial conformance to the letter from Attorney Ashley Bump dated February 16, 2015, wherein the applicant agrees to certain operational practices; 3. Substantial conformance to the Site and Landscape Plan, dated August 4, 2013, last revised date October 20, 2013, submitted under a cover letter from Attorney Ashley Bump on behalf of Ram Food, dated December 11, 2014; 4. All improvements, including the installation of the plant materials, depicted upon the aforementioned Site and Landscape Plan within these conditions of approval shall be completed no later than 24 months from the date of this conditional use approval; 5. The existing non-conforming pole graphic located at the northeast corner of the property shall be replaced with a conforming free-standing 40-square foot monument style graphic within three months from the date of this conditional use approval; 6. Street graphics advertising the sale of alcohol on the premises are prohibited; 7. Package beer in either bottles or cans shall not be sold as a single unit; and 8. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Recorded: Published: Nays: Attest: Kimberly Dewis, City Clerk

86 DEVELOPMENT REVIEW SCHEDULE The Community Development Department City of Elgin Week of April 6, 2015 City Council Meeting of April 8, 2015 Pet. # Project/Applicant Name Project Address Type of Application Description of Request Awaiting... Staff Versa Development / Starbucks 815 S Randall Rd Ryland Homes Cedar Grove Subdivision Planned Development as a Map Amendment Planned Development as a Map Amendment Amend PAB Ord. G46-06 to subdivide and establish a drive-thru facility, and Final Plat approval Amend Annexation Agreement, Amend PSRF2 Ord. G47-06 and PMFR Ord. G48-06, and Final Plat approval Consideration by City Council Public Hearing and Consideration by City Council DM DW Planning & Zoning Commission Meeting of April 6, 2015 Pet. # Project/Applicant Name Project Address Type of Application Description of Request Awaiting... Staff Moose Lodge / Verizon Wireless 925 S McLean Blvd Conditional Use Request to install a cellular tower RAM Foods 725 W Chicago St Conditional Use Establish accessory package liquor sales Consideration by P&Z Commission Continuation: Consideration by P&Z Commission DM MM Pending City Council Items Pet. # Project/Applicant Name Project Address Type of Application Description of Request Awaiting... Staff The Residences of Pingree Creek Shodeen 1551 Reinking Rd Final Plat of Subdivision Subdivide approximately 86 acres for multi-family residential development Applicant's revisions DW Randall Crossings Business Park 2760 Alft Ln & 2770 Alft Ct Final Plat of Subdivision Resubdivision of lots 2 and 3 Applicant's submission of signed plat and approval of Final Engineering SS & Plote Homes LLC 980 Lambert Ln Rezoning (Planned Development) & Stormwater Variation Establish industrial condo and outside storage on vacant property (from GI to PGI); and requesting a stormwater variation for existing pond Ordinance consideration DM Page 1 of 2

87 New or Pending Planning & Zoning Commission Items Pet. # Project/Applicant Name Project Address Type of Application Description of Request Awaiting... Staff Bluff City Materials / Gifford Gifford Stonebrook Subdivision Units 1 & and 1000 Corron Road Planned Development Ordinance Amendment Annexation Agreement and Planned Development Ordinance Amendment Summit School / Verizon Wireless 333 W River Rd Conditional Use Ambrose Design Group LLC SW Corner of Nesler Rd and Route RLF Propery Corp / Hyundai 1200 E Chicago St St Sophia Greek Orthodax Church of Elgin / Agape Academy Annexation Agreement and Preliminary Plat Planned Development as a Map Amendment Modify the Preliminary Plat Modify product to include street-facing garage forward elevations, and other misc. changes Request to install a cellular tower; not meeting fall zone setback requirements Annexation of vacant land to establish a motor vehicle service station/convenience store, with a drive thru restaurant Requesting a Map Amendment and a Planned Development for new façade of auto dealership building Applicant's response to staff comments Completion of Subdivision items Applicant's response to staff comments Waiting on revised plans from applicant Staff review 525 Church Rd Conditional Use Expansion of day care facility Staff review tbd DW SS DM tbd DM AMI Properties 920 S McLean Blvd Planned Development as a Conditional Use To allow for a Package Liquor Store Establishment Staff review tbd Abbreviations are as follows: CC: City Council Cindy Walden CW: P&Z: Planning & Zoning Commission Dave Waden DW: Denise Momodu DM: Marc Mylott MM Sarosh Saher SS: reviewing staff member to be determined tbd: Page 2 of 2