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Presiding: Jan Wood<br />

Present: Ted McGinn<br />

Jerry Luszczak<br />

Cindy Roth-Wurster<br />

Brian Christopher<br />

Eric Friedman<br />

Monica Pasillas<br />

Absent: Robert Coleman<br />

Tom Kaider<br />

Staff: Christina Johnson<br />

<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

<strong>VILLAGE</strong> <strong>OF</strong> <strong>PALATINE</strong><br />

<strong>200</strong> <strong>EAST</strong> WOOD STREET<br />

October 23, 2012<br />

I. ROLL CALL AND APPROVAL <strong>OF</strong> MINUTES<br />

At 7:00 p.m., roll was taken and a quorum was declared. The minutes for the meeting of October 9,<br />

2012, were approved as amended.<br />

II. 12-77 755 S. Benton Street<br />

This petition was continued to the next ZBA meeting, at the Petitioner’s request.<br />

Voice vote: All Ayes<br />

III. 12-65 1555 N. Rand Road<br />

Special Use to permit packaged liquor sales pursuant to Planned Development Ordinance O-132-85 and<br />

Sections 11.02 (d) (30) and 11.03 (d) (40) of the Palatine Zoning Ordinance.<br />

Notice was published on September 24, 2012, and mailed to nearby property owners.<br />

PETITIONER’S EXHIBITS:<br />

1. Petition for special use<br />

2. Real estate disclosure<br />

3. Proof of ownership<br />

4. Plat of survey<br />

5. Site plan<br />

6. Business plan<br />

7. Floor plan<br />

Ms. Johnson was sworn in. She stated that if anyone was present for the Ukrainian Church’s petition that<br />

they had a last minute change in plan and the petition will be heard at a future meeting. She then gave the<br />

background to the 1555 North Rand Road petition. The Subject Property is the existing Wal-Mart store at<br />

the southeast corner of Rand and Dundee Roads. Wal-Mart is requesting a Special Use for liquor sales.<br />

SITE ANALYSIS:<br />

• The Subject Property is zoned P, Planned Development, and is located in the Park Place Fashion<br />

Center shopping center. The proposed alcohol will be located within the existing store.<br />

• Per Ordinance 0-221-02, the Planned Unit Development allows uses in the Cook County C-4 Zoning<br />

District, including packaged liquor stores, as permitted uses. The PUD also states that permitted<br />

uses in the Palatine B-1 and B-2 Zoning Districts are allowed. The Palatine Zoning Ordinance<br />

requires a Special Use for all packaged liquor stores. Section 4.01 (b) states that when there are<br />

conflicting regulations for a property, the stricter shall apply. Thus, in this case, a Special Use is


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 2<br />

required.<br />

• Wal-Mart is proposing to sell wine and refrigerated beer.<br />

• The beer and wine will occupy one aisle of the store (48 feet of refrigerated coolers and 48 feet of<br />

shelving), with two additional endcaps of liquor and four “feature spots” throughout the store.<br />

• Wal-mart is proposing for beer and wine sales to occur between 9am and midnight, seven days a<br />

week. The store hours are 6am to midnight everyday. The hours of liquor sales will ultimately be<br />

determined by the specific liquor license granted to the establishment.<br />

• A liquor license request has been submitted to the Palatine Liquor Commission. Currently, the<br />

Village’s Liquor Code does not have a category under which Wal-Mart would qualify for a liquor<br />

license. The Village Council would have to create a new type of liquor license classification if they<br />

decide to approve the Special Use.<br />

DEPARTMENTAL REVIEWS:<br />

Community Services No issues.<br />

Engineering No issues.<br />

Environmental Health N/A<br />

Fire Prevention No issues.<br />

Public Works N/A<br />

Police Police commented that Wal-Mart has a high number of incidents for<br />

retail theft and that adding liquor sales creates some concern. They<br />

recommend Wal-Mart increase its security measures if the liquor<br />

sales are approved.<br />

STANDARDS FOR A SPECIAL USE:<br />

Since this Petition is not for a use publicly operated or traditionally affected with the public<br />

interest, those standards under Section 14.05 D (2) and (3) are applicable. Specifically, the<br />

Petitioners must show that the Special Use, if granted, will be operated in a manner consistent<br />

with the public health, safety, and welfare, and that the Special Use will not have a negative<br />

impact on the value of surrounding properties. The Petition for a Special Use is attached, and<br />

the Petitioners have attempted to address the required standards.<br />

Ms. Wood asked for clarification about the creation of a new type of liquor license; this is necessary since<br />

Wal-Mart is not a grocery store, so there needs to be a different category. Ms. Wood asked the number<br />

of liquor licenses in the immediate area; don’t know. The members mentioned several, Whole Foods,<br />

Osco, not Target. Ms. Wood asked what the hours are for other stores nearby who sell liquor; don’t<br />

know. Ms. Roth Wurster asked staff to confirm that the hours of liquor sales are determined by the liquor<br />

commission; yes. Ms. Wood asked if there was more detailed information from the Police Department;<br />

119 calls between 9/1/11 and 9/14/14… “High retail theft location”. Ms. Roth-Wurster asked about the<br />

feature spots throughout the store; differed to store manager.<br />

Petitioners, Freida Crispin of Evanston, store manager and Harlan Powell, attorney for Wal-Mart, were<br />

sworn in.


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 3<br />

Ms. Crispin reviewed the floor plan, indicating the highlighted area for the coolers for refrigerated beer<br />

and shelves for wine. She also stated there would be 4 feature spots in the store, their locations<br />

changing depending on the season. She reviewed the feature spots –<br />

1. main entrance to store<br />

2. pharmacy<br />

3. endcap with wine, this location is all year around<br />

4. seasonal location with holiday items, near the lawn/garden area<br />

Ms. Crispin stated the Police are called for any theft of $25 minimum and was confident that the 119<br />

number is accurate. Mr. Powell explained that Wal-Mart is proactive to any situation that could affect<br />

their employees’ and customers’ health and safety. The majority of the situations are of potential theft.<br />

This policy is a departure from other stores in Palatine.<br />

Wal-Mart understands that a liquor license is a privilege and not a right. They have developed in-house<br />

training which every associate who works at a station where alcohol is sold, must take. The training is a<br />

4 hour on-line training and requires 100% grade on the training. Wal-Mart’s training is in addition to the<br />

state required BASSET training. There are in-store cameras and monitors for particular areas, including<br />

liquor sales. They routinely meet with law enforcement and tailor a plan to meet specific needs and<br />

concerns of each community.<br />

Ms. Crispin said that 5 employees, including a manager, are assigned to asset protection and that<br />

number can be adjusted as needed. She also offered to use the hard-liquor caps on the wine bottles.<br />

During the remodel of the store, surveillance cameras for this aisle were installed.<br />

Ms. Roth-Wurster asked the locations of the store exits; front entrance where most egress is done;<br />

emergency exits shown on floor plan, truck bays could be exits, lawn and garden exit which has a gated<br />

patio fence. Ms. Crispin noted that the feature spots are currently covered by cameras. She stated that<br />

25% of the store’s sales are in grocery, 6-7% in pharmacy and 8% in health and beauty. She said that<br />

the refrigeration of the beer required that it be placed near produce and dairy/frozen.<br />

Ms. Roth-Wurster asked about employee training; there are 18 registers and 4 self-checks; there are 2<br />

self-checks usually open and are supervised by one or two cashiers. All the cashiers are trained and<br />

cross trained. They repeat the training twice a year. Mr. Luszczak asked about IDs used at the self<br />

check-out; there is a function that stops the purchase from going forward until an associate enters a<br />

particular code and birth date of the purchaser. This procedure is done for each purchase of each liquor<br />

item, not once for multiple liquor items. At the previous store she worked, this was also the procedure.<br />

Also, the supervisor would stay at the self-check until the transition was completed.<br />

Mr. Powell said they can program local ordinance requirements into the computers; i.e., hours for<br />

Sunday sales, etc.<br />

Ms. Crispin said that for cashiers under 21 years of age, the supervisor is required to override the<br />

transaction and then stay at the register until the transaction is completed. They confirmed that Wal-Mart<br />

requires ID for any age purchaser.<br />

Mr. McGinn asked if there have been problems with selling tobacco to underage buyers; Mr. Powell said<br />

not in the last six years; Ms. Crispin said not in the last 8 years. Ms. Crispin said registers are assigned,<br />

and someone under 19 years is not put on the tobacco register.<br />

Ms. Crispin said there is a third shift with one manager. They can use physical barriers like temporary


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 4<br />

fencing, for overnight or blocking off the area before noon or other hours.<br />

Mr. Powell said the sale of liquor is not to drive new business. They are not trying to be a liquor depot.<br />

They want the ability to sell liquor to offer one stop shopping as a convenience for their customers. Many<br />

customers shop at 9 or 10pm, after work and after the kids are taken care of, and these later hours will<br />

accommodate these customers. Ms. Crispin added that when there are noon football games, the Mount<br />

Prospect store which she ran saw about 10 to 15% of liquor sales occur between 9 AM and noon on the<br />

weekends.<br />

Ms. Wood asked about asset protection staff; there are 3 fulltime employees, 1 manager that works 45 to<br />

55 hours per week and 8 salaried. All of them are trained for asset protection on rotating schedules. If<br />

required to have more asset protection, their schedules can be rearranged.<br />

Ms. Wood asked about the number of retail thefts; there are 2 different ways to view it: asset protection<br />

and stolen merchandise. The asset protection is more of a presence on the sales floor, to act as a<br />

deterrent.<br />

Ms. Crispin stated there are 8 Wal-Mart stores in the ‘market’. In this ‘market’ one store has a higher<br />

number of retail theft incidents than the Palatine store.<br />

Mr. Friedman asked the number of stores that sell beer and wine; Ms. Crispin said they all sell alcohol<br />

except for Palatine. All the new stores, like Rolling Meadows, Mt. Prospect, Wheeling and Elk Grove sell<br />

alcohol. The three top categories of stolen merchandise for Wal-Mart are: cosmetics, electronics<br />

(movies/cds) and pharmacy items. Most (75 to 80%) of the liquor loss is ‘out the back door’, such as<br />

being billed incorrectly, or inaccurate inventory, etc.<br />

Mr. Friedman asked about the feature spot in the front door area, could that be a grab and run; in her<br />

experience, with the customer service desk and AP office right there, no; there are 2 or 3 people on duty<br />

plus a supervisor in that area.<br />

Ms. Wood asked about security in the parking lot; Ms. Crispin said there are 8 to 10 rooftop cameras<br />

which shoot into the parking lot and every inch is covered. There are some cameras on the light poles in<br />

the lot. There is a camera at the front end and facial recognition on the door cameras. Every register<br />

has a camera.<br />

Mr. Luszczak asked who monitors the cameras; they are not monitored all the time, but can be used for<br />

review as needed.<br />

Ms. Wood asked if they would offer wine tastings; no, and there are none in the ‘market’. Mr. Powell said<br />

that would not be a part of the business plan.<br />

There were no audience comments.<br />

Ms. Johnson stated that Staff surveyed 19 other Wal-Mart stores in the Chicagoland area, and all of<br />

them sold liquor except for Palatine. Currently Palatine’s liquor code does not an appropriate liquor<br />

license classification for Wal-Mart. Ultimately this is a policy decision for the Village Council/Liquor<br />

Commission. Therefore Staff recommends action at the discretion of the Zoning Board of Appeals. If the<br />

ZBA decides to recommend approval, Staff recommends the following conditions:<br />

1. The Special Use shall substantially conform to the site plan attached hereto as Exhibit ‘A,’ and the<br />

floor plan attached hereto as Exhibit ‘B,’ and the business plan attached hereto as Exhibit ‘C,’ except


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 5<br />

as such plans may be changed to conform to Village Codes and Ordinances.<br />

2. The sale of liquor shall conform to the conditions of the specific liquor license granted to the<br />

Petitioner.<br />

Ms. Wood asked if condition 2 included security and monitoring; yes and hours of sales.<br />

Ms. Roth-Wurster asked what would be required to create a new classification; the village attorney would<br />

draft an amendment to the code or ordinances and the council would vote to approve the language and<br />

amend the code; then the council would vote whether or not to allow a special use and then vote if there<br />

would be a liquor license for this business.<br />

There was nothing further. There were no audience comments. The public hearing was closed.<br />

Deliberations:<br />

Mr. Luszczak made a motion to approve with staff’s conditions; seconded by Mr. Friedman.<br />

Mr. Friedman said the public health, safety and welfare for the shoppers and neighborhood are in good<br />

hands. The management is experienced in the sales of wine and beer, and Wal-Mart’s standards will<br />

accommodate Palatine requirements.<br />

Mr. Luszczak said that Wal-Mart is taking this seriously and their plan is well thought out, there was no<br />

evidence of negative impact with this petition.<br />

Ms. Wood felt there would not be additional police department calls, as the wine/beer sales are not in the<br />

top 3 categories for the asset management/theft. There would be no negative impact and there would<br />

not be problems in the parking lot. She did state that the crime rate was definitely a concern but that this<br />

petition has met the zoning standards.<br />

Vote: All Ayes (7-0)


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 6<br />

IV. 12-82 627 S. Vermont St.<br />

Special Use to permit an ambulance service pursuant to Section 12.01 (h) (2) of the Palatine Zoning<br />

Ordinance.<br />

Notice was published on October 8, 2012, and mailed to nearby property owners.<br />

PETITIONER’S EXHIBITS:<br />

1. Petition for special use<br />

2. Real estate disclosure<br />

3. Lease agreement<br />

4. Plat of survey<br />

5. Site plan<br />

6. Business plan<br />

Ms. Johnson gave the background to this request. The Subject Property is an existing multi-tenant building<br />

in the Manufacturing Distinct. The Petitioner is seeking to rent one unit to operate a private ambulance<br />

service, and is therefore seeking a Special Use.<br />

Business Operations<br />

• The business name is Rescue Eight Paramedic Service. Currently the Petitioner operates other<br />

locations in Lake in the Hills and Arlington Heights.<br />

• The Petitioner is proposing to operate the business 24 hours/7 days a week and will have<br />

approximately 25 employees working several shifts. Shifts will not be longer than 13 hours and no<br />

sleeping accommodations will be provided.<br />

• Petitioner plans to house 10-12 vehicles at the Palatine location. All company vehicles, including<br />

ambulances and vans, will be stored inside.<br />

Floor Plan/Site Plan<br />

• The tenant space is approximately 6,667 square feet, about 667 square feet in office space and<br />

6,000 square feet of warehouse space.<br />

• For this tenant space, approximately 8 parking spaces are required per the Zoning Code.<br />

• There are 59 total spaces for the building. The entire building appears to be approximately 37,000<br />

square feet in size. Assuming each tenant space has a similar ratio of office space to warehouse<br />

space as the Petitioner’s tenant spaces, 46 parking spaces would be required.<br />

• The Petitioner plans to install a triple basin floor drain since vehicles will be stored inside.<br />

• Other tenants in the building are: a machine service, embroidery business, hardware floor business.<br />

DEPARTMENTAL REVIEWS:<br />

Community Services No issues.<br />

Engineering No issues.<br />

Environmental Health N/A<br />

Fire Prevention The Subject Property is already protected by an automatic fire<br />

sprinkler system.<br />

Public Works N/A<br />

Police N/A


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 7<br />

Ms. Roth-Wurster asked if there was a similar business on Vermont previous; yes, it is no longer there.<br />

Patrick O’Brien of Crystal Lake, said they have been operating since <strong>200</strong>2, they work with Northwest<br />

Community and McHenry County Hospitals under their licenses. They follow IDOT’s regulations. Mr.<br />

O’Brien has been in the industry since 1993. He added that 6 years ago there was another ambulance<br />

business on Vermont Street that went out of business. For them, they are at the Arlington Park<br />

Racecourse for morning training and for afternoon racing. They feel for this, Palatine is a good location.<br />

They run 24/7 and work with area nursing homes, dialysis patients, hospital and urgent care centers.<br />

They are in the private ambulance sector, they take critical care patients to their doctor appointments and<br />

surgery, and they are required to follow the same paramedic requirement as public paramedics to. They<br />

also transport patients from the hospital to extended care or to rehab facilities. They were previously in<br />

Arlington Heights and they need more space.<br />

Ms. Wood asked about their training; they follow the mandates by the State of Illinois, just like the<br />

municipal or state requirements.<br />

Mr. Christopher asked if the proposed location was ventilated; yes, the bay doors on the north and south<br />

sides. There are fans to ventilate, too. There is also an existing alarm and sprinkler system.<br />

Mr. Luszczak asked if any vehicle maintenance would occur on the site; no, they use VIP and Bus4 for<br />

repairs. The employees of Rescue 8 do check the fluids on vehicles daily. They can wash the vehicles<br />

safely on the loading dock, without worry of ice, and then park the vehicle inside.<br />

Ms. Wood asked if they would be holding employee training on site; yes, continuing education, and<br />

Northwest Community Hospital would hold the training on site in the office. Some training - such as<br />

lifting and carrying procedures – would be done in the loading dock.<br />

Mr. O’Brien said the only change he would consider is to add a shower to the restroom area, in case of<br />

contamination.<br />

Ms. Roth-Wurster asked if they would leave the site with sirens on; no. Most of their calls are Monday<br />

through Friday 6 am to 11pm, with less on Saturday and only 2 vehicles running on Sunday.<br />

Mr. O’Brien stated they would respond to emergency calls. They will not use lights and sirens, per the<br />

State of Illinois regulations, sirens are only to request access through intersections. They would not<br />

activate sirens until reaching Illinois Avenue and if there’s no traffic, would not use sirens. He added that<br />

more than half of their fleet is vans for wheelchair patients.<br />

There were no audience comments.<br />

Ms. Johnson gave Staff’s recommendation, that the proposed ambulance service should not have a<br />

negative effect on the area. The building is well-suited to this purpose, and the property does not abut<br />

any residential areas. Therefore Staff recommends approval of the Special Use, subject to the following<br />

condition:<br />

1. The Special Use shall substantially conform to the site plan attached hereto as Exhibit ‘A,’ and the<br />

business plan attached hereto as Exhibit ‘B,’ except as such plans may be changed to conform to Village<br />

Codes and Ordinances.<br />

Mr. Friedman asked Staff if the building will be used as-is, then how would the Village review the<br />

adequacy of this use, namely the storage of the ten vehicles; Ms. Johnson explained that a business


<strong>ZONING</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>APPEALS</strong><br />

OCTOBER 23, 2012<br />

PAGE 8<br />

license is required is through the Fire Prevention Division, and through that process there will be annual<br />

fire inspections. The Petitioner has already spoken with the Fire Marshal about this use.<br />

There was nothing further. The public hearing was closed.<br />

Mr. Luszczak made a motion to approve the petition, with Staff’s conditions, seconded by Ms. Roth-<br />

Wurster. Ms. Wood addressed the standards, that this is use is surrounded by a manufacturing district,<br />

so negative impact on the immediate area. Also, the petitioner has experience in the business, so there<br />

were no public health, safety and welfare concerns. This would be a positive for Palatine, to have this<br />

service nearby.<br />

Ms. Roth-Wurster said there was a similar business in the area before and everything was okay; also,<br />

the business owner is aware of the State regulations and the standards have been met.<br />

Mr. Freidman said this would be an asset to the community. He stated a concern about storing 10 to 12<br />

diesel vehicles indoors, saying he would be more comfortable with the use if there would be a review by<br />

Staff. Ms. Roth-Wurster pointed out the departmental review process.<br />

Vote: 5 Ayes, 2 Nays (Christopher, Friedman)<br />

V. FINDINGS <strong>OF</strong> FACT<br />

The Findings of Fact for tonight’s agenda items were approved.<br />

VI. COMMUNICATIONS<br />

The next ZBA meeting is November 13th in Meeting Room C.<br />

Approvals: 19 N. Elmwood, and an approval of a restaurant at 51 W. Wilson.<br />

Meeting adjourned at 8:10 PM

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