Plan Commission

LEGAL NOTICE OF PUBLIC HEARING Skokie Plan Commission, Thursday, February 7, 2013, Village of Skokie, 5127 Oakton Street, Skokie, Illinois 60077, at 7:30 P.M., to consider the following: NEW ACTION TAKEN 2012-58P – Special Use Permit: 3434 Dempster Street Approved SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of Highland 6-2-1 Park CVS, LLC (d/b/a CVS Pharmacy #5978), requests a special use permit for sale of packaged beer, wine, and liquor at a pharmacy in a B2 Commercial district. 2012-59P – Special Use Permit: 9555 Crawford Avenue Approved Andrew Herzog Trust, dated July 15, 1999, requests a special use permit 8-0-1 to allow the servicing of vehicles over 8,000 pounds gross weight in a B2 Commercial district for automotive repair facilities with an existing special use permit as allowed by Section 118-82(d)(2) of the Village Code and any relief that may be discovered during the review of this case. 2013-1P – Special Use Permit: 5200 Church Street Approved Grace Chinese Christian Church requests a special use permit to modify an 8-0-1 existing special use permit for religious assembly to enlarge the parking lot in a B2 Commercial district, relief from the Village Code to provide 19 rather than the required 25 off-street parking spaces, and any relief that may be discovered during the review of this case. 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. SPECIAL AID: 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 10, 2013. Paul Luke, Chairman VOSDOCS-#419887-v1-Legal_Notice_of_Public_Hearing_for_Plan_Commission_Meeting_of_2013-2-7 STAFF REPORT 2012-58P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, February 7, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Carrie Haberstich, AICP, Planner/CDBG Administrator Re: Special Use Permit: 3434 Dempster Street General Information Location 3434 Dempster Street Purpose Special use permit for packaged beer, wine, and liquor sales Petitioner SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of Highland Park CVS, LLC (d/b/a CVS Pharmacy #5978) Size of Site 46,473 square feet (1.067 acres) Existing Zoning & B2 Commercial (pharmacy or drug store) Land Use Adjacent Zoning & North R1 Single-Family (residence, detached) Land Use South B2 Commercial (mixed commercial) South- B2 Commercial (beer, wine, and liquor store – package only) west East B2 Commercial (restaurant, limited service) West B2 Commercial (mixed commercial) Comprehensive Plan The subject site is designated as retail/service employment. SITE INFORMATION
Public sidewalks are located along Dempster Street, Lincolnwood Drive, and Forestview Road.
The site is served by the 250 Pace Bus, which has a stop located adjacent to the CVS/pharmacy building. PETITIONERS’ SUBMITTAL The petitioners are requesting a special use permit for packaged beer, wine, and liquor sales at an existing CVS/pharmacy. Such sales will be a secondary function of this establishment and take up limited floor space. Per §10-64(e), a maximum of 300 linear feet of shelf space, including viewing coolers and all displays, may be designated at the subject CVS for the retail sale of alcoholic liquor with a Class M license. VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 1 of 6 STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments. Engineering Division The missing “No Left Turn” sign in the island of the driveway connecting to Dempster Street must be replaced to reinforce that this driveway is right-in/right-out only. Planning Division This property has an existing special use permit to establish and operate a pharmacy with a drive-through facility. Multiple items identified in a July 20, 2012, letter to CVS/pharmacy headquarters and the store manager need to be addressed. Such items are identified in the recommendations. During a January 25, 2013, on-site compliance check of the aforementioned items, 2 delivery trucks were observed in the customer parking lot and not in the designated loading area on the east side of the building. Per §118-206(d), “vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces”. The store manager should ensure efficient use of the loading area to avoid noncompliance with this regulation. The attached floor plans locate the proposed packaged beer, wine, and liquor sales in and near the beverage cooler area in the northwest corner of the store. Staff recommends approval of the special use permit for packaged beer, wine, and liquor sales. The sale of packaged alcoholic beverages is becoming more common at drug store chains in the area. This use will be packaged sale only. The hours of the sale of all packaged beer, wine, and liquor 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 7:00 a.m. and 11:00 p.m., with sales on Sunday beginning at 8:00 a.m. There are no site plan- related issues that would make the site unsuitable for the sale of liquor at this location. APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for packaged, beer, wine, and liquor sales at 3434 Dempster Street be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 2 of 6 RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of a liquor license, the following items shall be addressed by the petitioner: a. Install a replacement “No Left Turn” sign in the island of the Dempster Street driveway. b. Inform delivery drivers to utilize the loading area on the east side of the building and not the customer parking lot. c. Sealcoat and restripe the parking lot. d. Remove litter from the property. e. Scrape and repaint the trash enclosure gate posts. f. Repair holes in the concrete masonry units within the trash enclosure. g. Replace missing/dead plants throughout the property to be in substantial compliance with the approved landscape plan dated October 30, 2003. h. Place address labels at all points of entry to the building. i. Remove signs that exceed 25% of each window pane. j. Remove graffiti from the sign to the left of the drive-through pharmacy window. k. Remove weeds and scrub trees growing along the alley side of the fence along the north side of the property. l. Repair the damaged downspout on the north wall of the building near the west façade). m. Reprogram the sign at the southwest corner of the property to display only 1 message per day. 2. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations, and all Village codes, ordinances, rules, and regulations. 3. 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. 4. 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. VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 3 of 6 ATTACHMENTS 1. Proposed Positive Findings of Fact for 2012-58P 2. Plat of Survey, dated field completed January 17, 2013 3. Floor Plans, dated January 2, 2013 4. Land Use and Zoning Map by the Planning Division, titled “2012-58P” VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 4 of 6 Proposed Positive Findings of Fact 2012-58P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, February 7, 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, and is becoming common at pharmacies. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect 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, because the sales volume will be incidental to the existing pharmacy-based sales in the building. 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 building and will have no impact upon the development and use of neighboring property. VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 5 of 6 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. 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 sale of packaged, beer, wine, and liquor is not contrary to this use. VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster 6 of 6