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HomeMy WebLinkAboutG38-23Ordinance No. G38-23 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (1150 N. McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct building and site improvements with certain departures from the Elgin zoning ordinance at 1150 N. McLean Boulevard; and WHEREAS, the zoning lot containing the premises at 1150 N. McLean Boulevard is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property contains less than two (2) acres of land, and is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and WHEREAS, a planned development on a zoning lot containing less than two (2) acres of land is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 7, 2023, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use for a planned development in the AB Area Business District pertains to the government and affairs of the city. 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 August 7, 2023, and the recommendations made by the Community Development Department and the Planning and 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 for a planned development to construct building and site improvements with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 1150 N. McLean Boulevard, and commonly identified by Kane County Property Index Number 06-03-351-050., and legally described as follows: PARCEL 1 Parcel 1A: Lot 4 in Seigle's Subdivision being part of the Southwest quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian according to the plat thereof recorded February 27, 2014 as Document No. 2014K009498, and certificate of correction recorded as Document 2014K012179, in the City of Elgin, Kane County, Illinois. Parcel 1B: Non -Exclusive Easement for the benefit of Parcel 1A for private access and reciprocal parking as created by the plat of Seigle's Subdivision aforesaid. Parcel 1C: Nonexclusive easement for the benefit of Parcel 1 A as created by the Signage Easement Agreement recorded August 12, 2015 as Document No. 2015K043686 (modified by an Assignment of Signage Easement Rights and Obligations recorded June 15, 2021 as Document No. 2021K045600) for ingress and egress over, under and across the land described as follows: That part of Lot 2, Seigle's Subdivision, being a subdivision of part of the southwest quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Lot 1; thence South 89 degrees 54 minutes 32 seconds West, 70.0 feet to the Point of Beginning; thence continuing South 89 degrees 54 minutes 32 seconds West along said South line 25.0 feet; thence North 0 degrees 05 minutes 28 seconds West 25.0 feet; thence North 89 degrees 54 minutes 32 seconds east 25.0 feet; thence South 0 degrees 05 minutes 28 seconds East 25.0 feet to the Point of Beginning. Subject to the terms, provisions and conditions set forth in said instrument. Parcel 1D: Parcel 1D: Nonexclusive easement for the benefit of Parcel 1 A as created by the Electric Utility Room Access Agreement, recoded August 17, 2017 as Document No. 2017K043184, for access to the Lot 3 Utility Room, as defined in said instrument, over and across a portion of the land described as follows: Lot 3, Seigle's Subdivision, being a subdivision of part of the southwest quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, city of Elgin, Kane County, Illinois. Subject to the terms, provisions and conditions set forth in said instrument. (commonly known as 1150 N. McLean Boulevard). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 2 1. Substantial conformance to the Development Application submitted by John Kayser/ Cave Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner, received June 26, 2023, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received July 18, 2023; b. Undated Map Amendment for a Planned development Statement of Purpose and Conformance, received July 18, 2023; c. ALTA/NSPS Land Title Survey, prepared by Excel, dated April 5, 2023, last revised May 8, 2023; d. Architectural plans, including Sheets SP-0.1 SP-1, SP-3, A-1, A-3, A-4, A4.1, and A4.2, prepared by MRV Architects, Inc., dated last revised July 18, 2023, with such further revisions as required by the Community Development Director; e. Undated color elevations, prepared by MRV Architects, Inc., dated received July 22, 2023, with such further revisions as required by the Community Development Director; f. Final Engineering Plans Proposed Burger King Store #4784 for Cave Enterprises 1150 N. McLean Blvd, Elgin, Illinois 60123, prepared by Excel, dated June 30, 2023, last revised July 18, 2023, with such further revisions as required by the City Engineer; g. Landscape Plans Sheet L 101 and L102, prepared by Dowden Design Group, dated June 15, 2023, last revised July 18, 2023, with such further revisions as required by the Community Development Director; h. Photometric Plan, prepared by Security Lighting, dated July 18, 2023, with such further revisions as required by the Community Development Director; and i. Sign plans, prepared by Entera, dated received July 18, 2023, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to construct two side -by -side, drive -through service lanes with the minimum stacking lane width of eleven (11) feet each. 3. A departure is hereby granted to allow the installation of four wall graphics on the building in substantial conformance to the Sign plans, prepared by Entera, dated received July 18, 2023, with such further revisions as required by the Community Development Director. 4. A departure is hereby granted to allow the installation of a canopy graphic on the east side of the building on top of a canopy. 5. A departure is hereby granted to construct a monument graphic in the northeast portion of the property with a minimum setback of fifteen (15) feet from the intersection of the public sidewalk and the existing entrance driveway. 6. Compliance with all applicable codes and ordinances. 3 Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. Presented: September 27, 2023 Passed: September 27, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 27, 2023 Published: September 27, 2023 Att - st: Kimberly Dewis, Ci erk 4 David J. Kapt.t", M. or EXHIBIT A August 7, 2023 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written fmdings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 19-23, an application by John Kayser/ Cave Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the width of a drive -through service lane, the maximum number of wall graphics, the location of a wall graphic on a canopy, the location of a monument graphic, and any other departures as may be necessary or desirable, to construct a second, side -by - side drive -through service lane with other site and building improvements at the existing Burger King restaurant located at 1150 N. McLean Boulevard. GENERAL INFORMATION Petition Number: Property Location: Requested Action: Current Zoning: 19-23 1150 N. McLean Boulevard Planned development as a conditional use AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Proposed Use: Applicant: Owner Eating place (restaurant) No change. Eating place (restaurant) John Kayser/ Cave Enterprises Operations, LLC JHGV, LLC Recommendation & Findings of Fact Petition 19-23 August 7, 2023 Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND John Kayser/ Cave Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for the width of a drive -through service lane, the maximum number of wall graphics, the location of a wall graphic on a canopy, the location of a monument graphic, and any other departures as may be necessary or desirable, to construct a second, side -by - side drive -through service lane with other site and building improvements at the existing Burger King restaurant located at 1150 N. McLean Boulevard. The subject property is a half -of -an -acre property (22,194 square feet) zoned AB Area Business District and ARC Arterial Road Corridor District, and located on the west side of N. McLean Boulevard approximately'/ of a mile north of Big Timber Road. The property shares a parking lot and access to N. McLean Boulevard with the multi -tenant commercial building in the rear (1140 N. McLean Boulevard). The property is improved with a 3,350-square foot restaurant building home to Burger King restaurant. The restaurant has one drive -through service lane east and north of the building with a drive -through pick-up window located on the north side of the building. The building also includes a small outdoor seating patio on the east side of the building. The property is surrounded by AB -zoned properties on all sides. The property adjacent to the west is the 1140 N. McLean Boulevard multi -tenant commercial building currently home to several office tenants including Edward Jones fmancial consultant office and State Farm Insurance office among others. The property adjacent to the north is the Taco Bell restaurant. The property across the street to the east is the Tyler Creek Plaza 2 subdivision with Jester's Fast Food and Big Skillet restaurants among other tenants. And the property to the south is the two-story office building formerly home to Chase Bank, which is currently vacant. -2- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 Figure 1. Site area map with zoning overlay Proposal The owner and operator of the existing Burger King restaurant are proposing to renovate the restaurant building and add a second, side -by -side, drive -through lane. The improvements are proposed to bring the restaurant in compliance with the current corporate restaurant prototype. The building footprint would be reduced from 3,350 to 3,130 square feet by eliminating the existing indoor atrium to accommodate the second drive -through service lane. The second lane would be added between the existing drive -through lane and the restaurant building. To accommodate the new drive -through lane, the width of both lanes would be 11 feet wide, which is one foot less than the minimum 12-foot required by the zoning ordinance. The narrower -than required drive -through lanes is one of several departures requested, which are summarized in Table 1 further below. - 3 - Recommendation & Findings of Fact Petition 19-23 August 7, 2023 z nI a i:I i ILLle v 2 ---- I Figure 2. Existing area map (left) and the proposed landscape plan (right) The new drive -through lane will also result in the loss of three parking spaces on the Burger King property. The Burger King property currently has 22 parking spaces, which would be reduced to 19 parking spaces. However, the property shares a larger parking lot with the multi -tenant building at 1140 N. McLean Boulevard which currently has 106 parking spaces. Both properties also share additional 154 parking spaces with Popeye's restaurant at 1616 Big Timber Road and the large office and warehouse building at 1600 Big Timber Road with a total of 260 parking spaces shared amongst all uses. With the loss of three parking spaces on the Burger King property, the overall number of parking spaces would be reduced to 257 parking spaces. All existing uses, however, are only required to have 163 parking spaces total. As such, the properties will continue to meet the parking requirement. The building improvements include the upgrade to the exterior elevations. The applicant would add additional brick and fiber cement cladding on all elevations, and new canopies above doors and windows. The entire building would be painted to match the new corporate prototype. The north side of the building would continue to have three (3) pay/pick-up windows. The applicant has agreed to install an outdoor seating patio, which would be located on the south side of the building, near the main entrance, and enclosed with a 3.5-foot-high black ornamental fence with masonry columns. Other site improvements include upgrades to the existing masonry refuse collection area enclosure to match the exterior of the building, new landscaping throughout the site, and new outdoor lighting. The applicant would remove the two existing non -conforming pylon signs, one along N. McLean Boulevard and the other along Big Timber Road. Instead, the applicant would install a code - compliant 8.6-foot-high monument sign along N. McLean Boulevard with 38.6 square feet in sign surface area. The sign would also include a code -compliant 10.75-square foot electronic message -4- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 center panel. Due to the existing drive -through service lane, the sign is located 16 feet from the intersection of the entrance driveway and public sidewalk along McLean Boulevard. This does not meet the required 20-foot view obstruction setback and is one of four departures from the zoning ordinance requirements requested. The applicant is also requesting to have four wall graphics on three sides of the building (north, east, and south sides) instead of a maximum of two wall signs allowed by the zoning ordinance, which could be installed on two different sides. This is similar to other fast casual or quick serve restaurants which have most recently been approved to have more than two wall graphics, including Culver's restaurant across the street, and Popeye's and Starbuck's restaurants along Randall Road, among others. As the property is less than two acres in size, the applicant is requesting approval of a planned development as a conditional use to allow for the departures from the zoning ordinance requirements. The required departures are listed in Table 1 below and are further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1. Detail of Departures for 1150 N. McLean Blvd Requirement Proposal Width of drive- stacking lane 12 feet Min.through l l feet Number of wall graphics Max 2 4 Location of a wall graphic On the face of building or canopy 1 sign on top of a canopy Location of monument graphic Min. 20 ft from the intersection of driveway and public sidewalk Aprox. 16 feet from the intersection of driveway and public sidewalk The Community Development Department offers the following additional information: A. Property History. The subject property was annexed in 1966. Upon annexation the property was zoned M1 Limited Manufacturing. The property was later rezoned to B4 General Business District. In 1992, the property was rezoned to AB Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing building was constructed in 1985. The property is part of the Seigle's subdivision recorded in 2014. The four properties part of the subdivision (1616 Big Timber Road, 1600 Big Timber Road, 1140 N. McLean Boulevard, and 1150 N. McLean Boulevard) all share the total of 260 parking spaces located on the four properties. -5- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 B. Surrounding Land Use and Zoning. The property is surrounded by AB -zoned properties on all sides. The property adjacent to the west is the 1140 N. McLean Boulevard multi - tenant commercial building currently home to several office tenants including Edward Jones financial consultant office and State Farm insurance office among others. The property adjacent to the north is the Taco Bell restaurant. The property across the street to the east is the Tyler Creek Plaza 2 subdivision with Jester's Fast Food and Big Skillet restaurants among other tenants. And the property to the south is the two-story office building formerly home to Chase Bank, which is currently vacant. C. Comprehensive Plan. The subject property is designated as Neighborhood Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. The neighborhood commercial land uses provide goods and services to local residents and serve day-to-day needs. Uses may include grocery stores, professional offices, retail shops, and local service providers. Development within neighborhood commercial areas should be compatible with and reflect the scale and character of the surrounding neighborhood. Mixed -use development should be encouraged within neighborhood commercial areas. D. Zoning District. The purpose of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB Neighborhood Business Districts and the CC1 Center City District. E. Trend of Development. The subject property is located on the northwest side of the city near the commercial node and intersection of N. McLean Boulevard and Big Timber Road. The properties near this intersection have historically been developed with commercial auto -oriented uses such as motor vehicle service stations, fast food restaurants, stand-alone banks, and a retail shopping strip center. The current businesses in the area include McDonald's, Burger King, Taco Bell, Culver's, and Jester's Fast Food restaurants, Chase bank, and Speedway gas station, among others. Staff anticipates the properties along N. McLean Boulevard near the intersection with Big Timber Road will continue to be occupied and developed with commercial uses serving the residents and workers from the surrounding areas. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 19-23 on August 7, 2023. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted -6- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated August 7, 2023. The Community Development Department and the Planning and Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030: STANDARDS FOR PLANNED DEVELOPMENTS A. Site Characteristics Standard. The suitability of the subject property for the planned development with respect to its size, shape, significant natural features including topography, watercourses and vegetation and existing improvements. Findings. The subject property is suitable for the intended planned development with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 0.5-acre property is improved with a one-story 3,350-square foot commercial building occupied by a restaurant which also has a drive - through service lane. The applicant is proposing minor site changes to reduce the footprint of the building to add a second, side -by -side drive -through lane. There are no significant natural features on the property. The entirety of the site is improved. The applicant is proposing to maintain approximately 18% (4,180 square feet) of the site as landscaped green space. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed building and site improvements. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing to add any new water or sewer fixtures, so the existing water and sewer utilities would remain. Similarly, the proposed addition of the second drive -through lane results in minimal additional impervious area. The applicant is not required to provide any additional stormwater detention. The existing sewer and water facilities can adequately serve the existing use with the proposed improvements. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or -7- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street" [SR] system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across the street. Findings. The subject property is suitable for the intended planned development with respect to the provision of safe and efficient on -site and off -site vehicular circulation designed to minimize traffic congestion. The property shares a parking lot and access with the existing multi -tenant building at 1140 N. McLean Boulevard. A one-way inbound access driveway existing on the Burger King property immediately north of the building. The existing full access driveway, south of the building located on the adjacent property serves as both an entrance and an exit to the site. The property also benefits from an existing access driveway at the 1600 Big Timber Road property that provides ingress and egress to Big Timber Road. The proposed addition of the second drive -through lane will not alter the existing ingress and egress to the property and will not have any impact on the on -site circulation. The proposal will also not have any negative effect on the traffic circulation in the surrounding area. The floor area of the existing restaurant would be reduced from 3,350 to 3,130 square feet. The restaurant is required to have 53 parking spaces based on the requirement for one parking space per 60 square feet of floor area. While the proposal to add a second drive - through lane will result in the loss of three parking spaces, the parking lot shared with the property at 1140 N. McLean Boulevard would still have 103 parking spaces remaining. The larger parking lot shared by all four properties part of the Seigle's Subdivision would still have 257 parking spaces remaining. The four buildings which share all on -site parking are only required to have 163 parking spaces. The property will continue to meet the parking requirement. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed in 1966. Upon annexation the property was zoned M1 Limited Manufacturing. The property was later rezoned to B4 General Business -8- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 District. In 1992, the property was rezoned to AB Business District as part of the comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The existing building was constructed in 1985. The property is part of the Seigle's subdivision recorded in 2014. The four properties part of the subdivision (1616 Big Timber Road, 1600 Big Timber Road, 1140 N. McLean Boulevard, and 1150 N. McLean Boulevard) all share the total of 260 parking spaces located on the four properties. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. The property is surrounded by AB -zoned properties on all sides. The property adjacent to the west is the 1140 N. McLean Boulevard multi -tenant commercial building currently home to several office tenants including Edward Jones financial consultant office and State Farm insurance office among others. The property adjacent to the north is the Taco Bell restaurant. The property across the street to the east is the Tyler Creek Plaza 2 subdivision with Jester's Fast Food and Big Skillet restaurants among other tenants. And the property to the south is the two-story office building formerly home to Chase Bank, which is currently vacant. F. Trend of Development Standard. The suitability of the subject property for the planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suited for the intended planned development with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. The subject property is located on the northwest side of the city near the commercial node and intersection of N. McLean Boulevard and Big Timber Road. The properties near this intersection have historically been developed with commercial auto -oriented uses such as motor vehicle service stations, fast food restaurants, stand-alone banks, and a retail shopping strip center. The current businesses in the area include McDonald's, Burger King, Taco Bell, Culver's, and Jester's Fast -Food restaurants, Chase bank, and Speedway gas station, among others. Staff anticipates the properties along N. McLean Boulevard near the intersection with Big Timber Road will continue to be occupied and developed with commercial uses serving the residents and workers from the surrounding areas. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for -9- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan Findings. The subject property is suitable for the intended planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan. The subject property is designated as Neighborhood Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. The neighborhood commercial land uses provide goods and services to local residents and serve day-to-day needs. Uses may include grocery stores, professional offices, retail shops, and local service providers. Development within neighborhood commercial areas should be compatible with and reflect the scale and character of the surrounding neighborhood. Mixed -use development should be encouraged within neighborhood commercial areas. Conditional Use for a Planned Development: Where applicable, the suitability of the subject property for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the provision for the purpose and intent of planned developments and with respect to the provisions of section 19.65.010 of the zoning ordinance. The applicant is proposing a planned development as a conditional use to allow for several departures from the requirements of the zoning ordinance. The 0.5-acre property is less than two acres, which is necessary to establish a Planned Development District. The proposed conditional use for a planned development would allow the installation of the second drive -through lane which does not meet the minimum width requirement, and allow for several departures from the sign regulations. However, the applicant would remove two non -conforming pylon signs and install one new code -compliant monument sign. The proposal would enhance the appearance of the property with a positive effect on the surrounding properties. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. - 10- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The subject property is fully improved. There are no significant natural features on the property. The applicant would preserve approximately 18 percent (4,180 square feet) of the site area as landscape green space, including the installation of four new shade trees, and all required perimeter landscaping and vehicle use area interior landscape yard. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The hours of operation of the existing restaurant, which are similar to other commercial uses in the area, would not change. The second drive -through lane will not alter the existing on -site traffic circulation within the shared parking lot. The proposed removal of the two pylon signs would enhance the appearance of the property. In addition, the improvements to the exterior of the restaurant building, new landscaping, and new lighting will have a positive effect on the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of the zoning ordinance: 1. Sections 19.45.130, "On -site Circulation". The minimum required width of a stacking lane is 12 feet. The applicant is proposing two 11-foot-wide drive -through service stacking lanes. 2. Sections 19.50.080, "Wall and Integral Roof Graphics". The building is permitted a maximum of two wall graphics, which can be installed on any side of the building. The applicant is proposing a total of four wall/building graphics on three sides of the building. 3. Sections 19.50.090, "Special Street Graphics". A canopy graphic must be installed entirely on the vertical face of the canopy. The applicant is proposing to install a sign on top of a canopy. 4. Sections 19.12.600, "Obstructions in Yards". Within 20 feet of the intersection of a public sidewalk and a driveway no view obstruction over three feet is allowed. The applicant is proposing to install a code -compliant 8-foot-7-inches high monument sign - 11 - Recommendation & Findings of Fact Petition 19-23 August 7, 2023 which would be located approximately 16 feet from the intersection of the public sidewalk and the access driveway. Staff finds the proposed departures are appropriate and necessary to improve the functionality of the property and enhance its appearance. Two side -by -side drive -through lanes have become a standard for quick -service restaurants in the post-Covid-19 era. The narrower -than -required width of the two stacking lanes is the result of the location of the existing drive -through service lane. The applicant is maintaining the existing drive - through service lane and adding a second lane between the building and the existing drive -through lane, where there is only limited space even with the reduction to the building floor area. With 11 feet in width each, the two drive -through service lanes can still function safely and efficiently. The proposed wall graphics are necessary to match the current corporate standard. Wall signs on three sides of the building is a departure that has been granted to several other similar quick service restaurants, including the Culver's restaurant across the street, and Popeye's and Starbuck's restaurants along Randall Road. The new "Home of the Whopper" sign sitting on the front canopy facing McLean Boulevard is proposed to match the corporate image found on other newer Burger King restaurants across the country. The location of the monument sign is also due to the current site configuration. The applicant has agreed to remove the two existing non -conforming pylon signs, one along N. McLean Boulevard, the other along Big Timber Road, and will instead install a code -compliant monument sign. The only possible location for the monument sign is in the northeast corner of the site, which unfortunately does not meet the 20-foot view obstruction setback. However, the driveway immediately to the north of the proposed sign is an entrance only driveway, so the proposed monument sign will not obstruct the view of any drivers or pedestrians. Overall, the proposed building and site improvements will enhance the appearance of the building and have a positive effect on the surrounding properties. STANDARDS FOR CONDITIONAL USE 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. Findings. The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 0.5-acre property is improved with a one-story 3,350-square foot commercial building occupied by a restaurant which also has a drive -through service lane. The applicant is proposing minor site changes to reduce the footprint of the building to add a second, side -by -side drive -through lane. There are no significant natural features -12- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 on the property. The entirety of the site is improved. The applicant is proposing to maintain approximately 18% (4,180 square feet) of the site as landscaped green space. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed building and site improvements. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing to add any new water or sewer fixtures, so the existing water and sewer utilities would remain. Similarly, the proposed addition of the second drive -through lane results in minimal additional impervious area. The applicant is not required to provide any additional stormwater detention. The existing sewer and water facilities can adequately serve the existing use with the proposed improvements. C. Traffic and Parking Standard. The suitability 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 subject property is suitable 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. The property shares a parking lot and access with the existing multi -tenant building at 1140 N. McLean Boulevard. A one-way inbound access driveway existing on the Burger King property immediately north of the building. The existing full access driveway, south of the building located on the adjacent property, serves as both an entrance and exit to the site. The property also benefits from an existing access driveway at the 1600 Big Timber Road property that provides ingress and egress to Big Timber Road. The proposed addition of the second drive -through lane will not alter the existing ingress and egress to the property and will not have any impact on the on -site circulation. The proposal will also not have any negative effect on the traffic circulation in the surrounding area. The floor area of the existing restaurant would be reduced from 3,350 to 3,130 square feet. The restaurant is required to have 53 parking spaces based on the requirement for one parking space per 60 square feet of floor area. While the proposal to add a second drive - through lane will result in the loss of three parking spaces, the parking lot shared with the property at 1140 N. McLean Boulevard would still have 103 parking spaces remaining. The larger parking lot shared by all four properties part of the Seigle's Subdivision would still have 257 parking spaces remaining. The four buildings which share all on -site parking - 13 - Recommendation & Findings of Fact Petition 19-23 August 7, 2023 are only required to have 163 parking spaces. The property will continue to meet the parking requirement. D. 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 intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. The applicant is proposing building and site improvements to increase the restaurant efficiency and comply with corporate standards. The proposed site improvements will not have a negative effect on the existing traffic circulation within the shared parking lot. No changes are proposed to the restaurant's hours of operation, which are similar to other commercial uses in the area. The requested departures are minimal accommodations necessary to achieve the desired building and site layout. The applicant has agreed to remove the two existing non -conforming pylon signs. The proposed building and site renovations will enhance the look of the property with a positive effect on all surrounding properties. E. 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. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning and Zoning Commission recommend approval of Petition 19-23, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by John Kayser/ Cave Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner, received June 26, 2023, and supporting documents including: a. Undated Conditional Use Statement of Purpose and Conformance, received July 18, 2023; b. Undated Map Amendment for a Planned development Statement of Purpose and Conformance, received July 18, 2023; -14- Recommendation & Findings of Fact Petition 19-23 August 7, 2023 c. ALTA/NSPS Land Title Survey, prepared by Excel, dated April 5, 2023, last revised May 8, 2023; d. Architectural plans, including Sheets SP-0.1 SP-1, SP-3, A-1, A-3, A-4, A4.1, and A4.2, prepared by MRV Architects, Inc., dated last revised July 18, 2023, with such further revisions as required by the Community Development Director; e. Undated color elevations, prepared by MRV Architects, Inc., dated received July 22, 2023, with such further revisions as required by the Community Development Director; f. Final Engineering Plans Proposed Burger King Store #4784 for Cave Enterprises 1150 N. McLean Blvd, Elgin, Illinois 60123, prepared by Excel, dated June 30, 2023, last revised July 18, 2023, with such further revisions as required by the City Engineer; g. Landscape Plans Sheet L101 and L102, prepared by Dowden Design Group, dated June 15, 2023, last revised July 18, 2023, with such further revisions as required by the Community Development Director; h. Photometric Plan, prepared by Security Lighting, dated July 18, 2023, with such further revisions as required by the Community Development Director; and i. Sign plans, prepared by Entera, dated received July 18, 2023, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to construct two side -by -side, drive -through service lanes with the minimum stacking lane width of eleven (11) feet each. 3. A departure is hereby granted to allow the installation of four wall graphics on the building in substantial conformance to the Sign plans, prepared by Entera, dated received July 18, 2023, with such further revisions as required by the Community Development Director. 4. A departure is hereby granted to allow the installation of a canopy graphic on the east side of the building on top of a canopy. 5. A departure is hereby granted to construct a monument graphic in the northeast portion of the property with a minimum setback of fifteen (15) feet from the intersection of the public sidewalk and the existing entrance driveway. 6. Compliance with all applicable codes and ordinances. The vote of the Planning and Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department, was five (5) yes, zero (0) no, and zero (0) abstentions. Two members were absent. - 15 - Recommendation & Findings of Fact Petition 19-23 August 7, 2023 Respectfully Submitted, sl Jay Cox Jay Cox, Chairman Planning & Zoning Commission s/ Damir Latinovic Damir Latinovic, AICP; Secretary Planning & Zoning Commission -16- Subject Property Petition 19-23 EXHIBIT A Aerial/Location Map Map prepared by City of Elgin Department of Community Development 0 50 100 200 300 400 Feet Legend Conservation 1 QRC1 Residence 2 a RC2 Residence Conservation Q RCS Residence Conservation 3 Conservation oPRC Planned Residence oSF R1 Single F amity Residence Q PSFR1 Planned Single F amity Residence Q SFR2 Single Family Residence es`enc Residence 4 PSFR2 Planned Single F 41RF Iwo Family Residence 4PIRF Planned FwoFamdY Residence C:3 MFR Multiple Family Residence QPMFR planned Mu19P le Family Residence aRB Residence Business PRB Planned Residential Business gpNB Neighborhood Business PNB Planned Neighborhood Business -AB Area Business PAB Planned Area Business CO Center City 1 IIII1CC2 Center City 2 - City pCC Planned Center ORl Office Research Industrial PORI Planned Office Research Industrial GI General Industrial - PGI Planned General Industrial efcial Industrial -GI Comm - I Facility CF Community Facility-PCF Planned Community EXHIg1i of Elgin Department of Co ty Imunity Development MFR d Farm,Dr PMFik vatC ect Property Petition o Subs � ' on i9'23 Zoning Map Byron Ln 0 50 100 200 300 4OFeet Subject Property 1150 McLean Blvd Petition 19-23 0603351050 Tyler Creek Piz EXHBIIT C City of Elgin Department of Community Development Parcel Map A 0 25 50 100 150 200 Feet EXHIBIT D SITE LOCATION 1150 N. McLean Boulevard Petition 19-23 Tyler Creek Plaza {dc R, 4 0r'e r I Bird's eye view looking north North Mc Lean Boulevard Bird's eye view looking west ... EXHIBIT D SITE LOCATION 1150 N. McLean Boulevard Petition 19-23 Existing East Elevation Existing South Elevation EXHIBIT D SITE LOCATION 1150 N. McLean Boulevard Petition 19-23 Existing West Elevation Existing North Elevation