Plan Commission — Skokie, IL
Date: 2013-02-07

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




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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.

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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.


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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.




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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”




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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.




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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.




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