HomeMy WebLinkAboutG47-21 Ordinance No. G47-21
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE Cl
COMMERCIAL INDUSTRIAL DISTRICT AND ARC ARTERIAL ROAD CORRIDOR
OVERLAY DISTRICT WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING
ORDINANCE
(812 East Chicago Street)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to renovate the existing commercial property to add a drive-through service
facility with certain departures from the Elgin zoning ordinance at 812 East Chicago Street; and
WHEREAS, the zoning lot containing the premises at 812 East Chicago Street is legally
described herein(the "Subject Property"); and
WHEREAS, the Subject Property is located within the CI Commercial Industrial District
and ARC Arterial Road Corridor Overlay District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on August 2, 2021, 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 Cl Commercial Industrial 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 2, 2021, 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 approval for a planned development to renovate the
existing commercial property to add a drive-through service facility with certain departures from
the Elgin zoning ordinance is hereby granted for the property commonly known as 812 East
Chicago Street, and commonly identified by Cook County Property Index Number 06-18-300-
057-0000,and legally described as follows:
The Easterly 70 Feet of Lot 15 and the Westley 30 Feet of Lot 16 in Lord's Park Terrace,
a subdivision of part of Lot 16 in County Clerk's Subdivision in the Southwest '/a of
Sections 18, Township 41 North, Range 9 East of the Third Principal Meridian in Cook
County, Illinois.
(commonly known as 812 E. Chicago Street).
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Ravi Pandya,
as applicant, and Shree Elgin LLC, as property owner received March 17, 2021, and
supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance received June
25, 2021;
b. ALTA/ACSM Land Title Survey, prepared by Hattendorf Land Surveying, dated
May 28, 2013;
c. Demo Site Plan, Site Plan, & Notes, sheet SP-1.0, prepared by MRV Architects,
Inc., dated May 24, 2021, last revised June 1, 2021, with such further revisions as
required by the Community Development Director;
d. Site Details, sheet SP-1.1, prepared by MRV Architects, Inc., dated March 10,
2021, with such further revisions as required by the Community Development
Director;
e. Trash Enclosure and Fencing Detail, sheet SP-1.2, prepared by MRV Architects,
Inc., dated March 10, 2021, with such further revisions as required by the
Community Development Director;
f. Landscape Plan,sheets L 101,L 102,and L 103,prepared by Dowden Design Group,
dated March 1, 2021, last revised June 14, 2021, with such further revisions as
required by the Community Development Director;
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g. Floor Plan, sheet Plan, prepared by MRV Architects, Inc., dated March 1, 2021,
with such further revisions as required by the Community Development Director;
h. Proposed Exterior Elevations&Building Signage; sheet EE-1.0,prepared by MRV
Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further
revisions as required by the Community Development Director;
i. Proposed Exterior Elevations & Exterior Finish Schedule; sheet EE-1.1, prepared
by MRV Architects, Inc., dated May 24, 2021, last revised June 1, 2021,with such
further revisions as required by the Community Development Director;
j. Exterior Color Elevations; sheet CE-1.0, prepared by MRV Architects, Inc., dated
May 4, 2021, with such further revisions as required by the Community
Development Director;
k. Photometric Site Plan,Details, Schedule,&Notes; sheet PP-1.0,prepared by MRV
Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further
revisions as required by the Community Development Director; and
1. Lighting specifications: G-1, G-2, G-4, G-5, and P-5, received June 25, 2021,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 allow the redevelopment of the site with a minimum
of 14 parking spaces.
3. A departure is hereby granted to allow the construction of three directional street
graphics.
4. A departure is hereby granted to allow the installation of three drive-through facility
graphics.
5. A departure is hereby granted to allow the construction of a refuse collection area with
no setback from the west property line.
6. A departure is hereby granted to allow the construction of the vehicle use area with a
minimum 5.5-foot setback from the east property line.
7. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. K ain, ayor
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Presented: September 8, 2021
Passed: September 8, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 8, 2021
Published: September 10, 2021
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EXHIBIT A
August 2, 2021
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 16-21, an application by
Ravi Pandya, as applicant, and Shree Elgin LLC, as property owner, requesting approval of a
planned development as a conditional use with departures from the Elgin Municipal Code
requirements for the minimum number of required parking spaces,number of permitted directional
graphics, number of permitted drive-through facility graphics, refuse collection area interior yard
setback, vehicle use area interior yard setback, and any other departures as may be necessary or
desirable,to renovate the existing restaurant building and construct a drive-through service facility
at the property commonly referred to as 812 E. Chicago Street
GENERAL INFORMATION
Petition Number: 16-21
Property Location: 812 E. Chicago Street
Requested Action: Planned development as a conditional use
Current Zoning: Cl Commercial Industrial District and ARC Arterial Road Corridor
Overlay District
Proposed Zoning: No change. Cl Commercial Industrial District and ARC Arterial
Road Corridor Overlay District
Existing Use: Eating place(restaurant)
Proposed Use: No change. Eating place (restaurant)
Applicant: Ravi Pandya
Owner Shree Elgin LLC
Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Exhibits Attached: A. Aerial
B. Zoning May
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Ravi Pandya, as applicant, and Shree Elgin 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 minimum number of required parking spaces,number of permitted directional
graphics, number of permitted drive-through facility graphics, refuse collection area interior yard
setback, vehicle use area interior yard setback, and any other departures as may be necessary or
desirable,to renovate the existing restaurant building and construct a drive-through service facility
at the property commonly referred to as 812 E. Chicago Street
The 27,000-square foot property, zoned CI Commercial Industrial District, is located on the north
side of E. Chicago Street just east of the Willard Avenue. Because of its location along E. Chicago
Street arterial roadway, the property is also zoned ARC Arterial Road Corridor Overlay District.
The property is improved with a 4,795-square foot restaurant building home to Dunkin' and Baskin
Robbins restaurant. The property also includes 20 parking spaces, with seven parking spaces in
front of the building and another 13 parking spaces in rear of the building. The property includes
one full access driveway to E. Chicago Street. The front parking lot is also connected to the front
parking lot of the property adjacent to the west(Hollywood Furniture retail store),which provides
access to E. Chicago Street for the adjacent property.
All properties along E. Chicago Street to the east, west, and to the south are also zoned Cl
Commercial Industrial and ARC Arterial Road Corridor Overlay District. The property to the east
is a one-story commercial building home to Pizza Hut restaurant. The property to the west is a
one-story commercial building home to Hollywood Furniture retail store. And the property across
the street to the south is improved with the 7-Eleven gas station and convenience store. The
property adjacent to the north is zoned PMFR Planned Multiple Family Residence District,
established by Ordinance G25-98 in 1998. That property is improved with Park Bluff Villas
townhome community.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
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Figure 1.Site area map with zoning overlay
Proposal
The applicant is proposing to renovate the existing Dunkin' and Baskin Robbins restaurant to add
a drive-through service. The proposed redevelopment would reduce the size of the existing
restaurant building from 4,795 square feet to 2,615 square feet to accommodate a new drive-aisle
on the east side of the building. The new drive-aisle would provide access to the rear parking lot
and the drive-through lane. The new drive-through lane would be entirely in rear of the building
with ten stacking spaces in a counterclockwise circulation and a pick-up window on the west side
of the building.
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Recommendation & Findings of Fact
Petition 16-21
August 2,2021
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Figure 2.Existing(top)and proposed(bottom)site layout
The proposal includes extensive renovation to the restaurant building. The smaller size of the
building would include a 400-square foot dining area enough for both Dunkin'and Baskin Robbins
restaurant brands. The building renovation includes primarily brick masonry exterior on all sides
in two-color tone and Dunkin's corporate brand colors. The new look of the building will reflect
modern architecture with the contemporary look of the Dunkin' brand.
The existing full access driveway to E.Chicago Street would remain in its current location,but the
site changes would result in the loss of six parking spaces. However, most of the twenty parking
spaces on site are never used. While the building size would be reduced by almost one half, the
applicant would still maintain 14 parking spaces,with four parking spaces in the front parking lot
and ten parking spaces in the rear parking lot.
Per the zoning ordinance, a restaurant is required to provide one parking space per 60 square feet
of floor area. The 2,615-square foot restaurant is required to provide 44 parking spaces. However,
during its peak times between 6 a.m. and 9 a.m.no more than 14 parking spaces are currently used.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
With the addition of the drive-through service, the applicant anticipates approximately 85-90
percent of its sales to come from the drive-through window,based on another Dunkin' and Baskin
Robbins restaurant in Elgin. Therefore the 14 parking spaces proposed will adequately meet the
parking needs of the restaurant.
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Figure 3.Proosed building elevations
Other site changes include the relocation of the refuse collection area. The refuse collection area
is located at the west property line with no proposed setback and is one of the departures requested
by the applicant. The refuse collection area would be next to the masonry building adjacent to the
east and enclosed with a six-foot high masonry wall matching the masonry of the building.
Similarly, to accommodate a drive-aisle on the east side of the building, the vehicle use area is
located 5.5 feet from the east lot line,where minimum setback of six feet is required. The proposal
is still an improvement to the existing configuration as the existing rear parking lot was constructed
to the lot lines with no setback from the east lot line.
The applicant is proposing to upgrade all signage on the property to reflect the latest corporate
image. Additional directional and drive-through graphics are proposed, and are needed, to guide
the vehicle traffic around the building to the drive-through lane and additional parking in rear of
the building. A new sidewalk would be constructed providing and pedestrian connection from the
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
building entrance to the public sidewalk along E. Chicago Street. The existing vehicular access to
the adjacent property to the west would remain.
The addition of the drive-through lane necessitates a small expansion of the existing parking lot to
the north,however the expanded parking lot with the drive-through lane would still maintain a 49-
foot transition yard setback from the north property line, which will remain wooded, and which
far exceeds the required 25-foot transition landscape yard. While a total of seven trees would be
removed, the applicant will install a new six-foot high PVC privacy fence in rear of the parking
lot to replace the existing wood fence. The applicant would also install 14 new shade trees
throughout the site and eight new evergreen trees on the exterior of the fence in rear for additional
screening. The site would also include new parking lot lighting, which would comply with the
zoning ordinance requirements for outdoor lighting.
All 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 812 E. Chicago Street
Requirement Proposal
Parking 44 14
Number of
directional graphics 1 3
Number of drive-
through facility 2 3
graphics
Refuse collection
area interior yard 6 ft. 0 ft. from west interior lot line
setback
Vehicle use area
interior yard setback 6 ft. 5.5 ft. from east interior to line
The Community Development Department offers the following additional information:
A. Property History. The property was zoned B Residential District by the first zoning
ordinance in 1927. By 1950, the property was zoned D Commercial District due to its
location along E.Chicago Street. In 1962,the property was rezoned to B3 Service Business
District. In 1992, the property was rezoned to Cl Commercial Industrial 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 one-story building was constructed prior to 1973. The building was last
remodeled in 2001.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
B. Surrounding Land Use and Zoning. All properties along E. Chicago Street to the east,
west, and to the south are also zoned Cl Commercial Industrial and ARC Arterial Road
Corridor Overlay District. The property to the east is a one-story commercial building
home to Pizza Hut restaurant. The property to the west is a one-story commercial building
home to Hollywood Furniture retail store.And the property across the street to the south is
improved with the 7-Eleven gas station and convenience store. The property adjacent to
the north is zoned PMFR Planned Multiple Family Residence District, established by
Ordinance G25-98 in 1998. That property is improved with Park Bluff Villas townhome
community.
C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection, Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
D. Zoning District. The purpose of the Cl Commercial Industrial District is to provide for an
existing pattern of development in which certain commercial uses and industrial uses have
located together.The land uses provided for within the CI Zoning District are also provided
for within other zoning districts, which in general are more in keeping with the purpose
and intent of the zoning ordinance, and the goals, objectives and policies of the Official
Comprehensive Plan.
E. Trend of Development. The subject property is located along the E. Chicago Street
corridor east of Willard Avenue. The surrounding properties along E. Chicago Street have
historically been improved with auto-oriented commercial uses, such as motor vehicle
dealers, motor vehicle repair shops, and other commercial retail uses. Staff anticipates the
properties along the E. Chicago Street corridor will continue to be dominated by new and
used motor-vehicle dealers and repair-shops.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 16-21 on August 2, 2021. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Development Application Review and Written Findings & Recommendation to the Planning&
Zoning Commission dated August 2, 2021.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
The Community Development Department and the Planning & 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 27,000-square foot property is improved with
a 4,795-square foot one-story commercial building and accessory parking lots.The existing
northern-most 75 feet of the property are not improved, and include an approximately 25-
foot rise in topography to the adjacent residential property to the north. This area includes
trees and shrubs which provide screening for the adjacent residential use. The applicant is
proposing to expand the existing parking lot to accommodate a drive-through service lane,
but would not alter the existing topography and maintain a 49-foot setback from the north
property line, which exceeds the required 25-foot transition landscape yard. The applicant
would remove 7 trees most of which are in poor condition and do not need to be replaced.
The applicant will however install 14 new shade trees and eight new evergreen trees on the
site.No existing site features including topography,watercourses,vegetation,and property
improvements exist that would have a negative impact on the proposed building and site
redevelopment.
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
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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 will upgrade the existing services
as part of the building renovation. The existing sewer and water facilities can adequately
continue to serve the restaurant use on the property.
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
population served without requiring traffic movements through or into a residential
neighborhood. Nonresidential land uses should not be located within residential
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L
Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
neighborhoods, but on their periphery as defined by the "arterial street"[SRI 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 fronts on E. Chicago Street with one
full access driveway. The property includes a connection to the parking lot of the adjacent
property to the west so that the existing access driveway to E. Chicago Street also serves
the adjacent property. The property is already improved with Dunkin' and Baskin Robbins
restaurant.With the proposed a drive-through service,the restaurant is expected to generate
additional traffic. E. Chicago Street has adequate capacity to accommodate any additional
traffic generated by the renovated restaurant. The proposed drive-through service lane is
located in rear of the property and includes ten stacking spaces, which meets the zoning
ordinance requirements. The proposal will not have any negative effect on the existing
traffic circulation in the area.
Per the zoning ordinance, a restaurant is required to provide one parking space per 60
square feet of floor area. The 2,615-square foot restaurant is required to provide 44 parking
spaces. The applicant is proposing 14 parking spaces and is requesting approval of a
departure from the parking requirement.
The existing restaurant currently has twenty parking space, however, most of the spaces
are never used. During its peak time, approximately 14 parking spaces are currently
occupied. With the addition of the drive-through service, the applicant anticipates
approximately 85-90 percent of its business to come from the drive-through. This will
result in far less walk-in customers who need to use on-site parking. Therefore, the
proposed 14 parking spaces can adequately serve the proposed restaurant.
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 property was zoned B Residential District by the first zoning ordinance in
1927. By 1950,the property was zoned D Commercial District due to its location along E.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
Chicago Street. In 1962,the property was rezoned to B3 Service Business District. In 1992,
the property was rezoned to Cl Commercial Industrial 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 one-story building was constructed prior to 1973. The building was last
remodeled in 2001.
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. All properties along
E. Chicago Street to the east, west, and to the south are also zoned Cl Commercial
Industrial and ARC Arterial Road Corridor Overlay District. The property to the east is a
one-story commercial building home to Pizza Hut restaurant. The property to the west is a
one-story commercial building home to Hollywood Furniture retail store.And the property
across the street to the south is improved with the 7-Eleven gas station and convenience
store. The property adjacent to the north is zoned PMFR Planned Multiple Family
Residence District, established by Ordinance G25-98 in 1998. That property is improved
with Park Bluff Villas townhome community.
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 along the E. Chicago Street
corridor east of Willard Avenue. The surrounding properties along E. Chicago Street have
historically been improved with auto-oriented commercial uses, such as motor vehicle
dealers, motor vehicle repair shops, and other commercial retail uses. Staff anticipates the
properties along the E. Chicago Street corridor will continue to be dominated by new and
used motor-vehicle dealers and repair-shops.
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
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.
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
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 Corridor Commercial by the City's 2018
Comprehensive Plan. Located along the City's heavily traveled corridors and intersection,
Corridor Commercial areas provide retail services to both local and regional consumer
bases. These areas contain a mix of retail from large community centers with multiple
tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely
accommodating and ranging commercial areas within the city. Corridor Commercial areas
are auto-oriented by nature but should also be enhanced to be pedestrian-friendly.
I. 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 the redevelopment of the existing restaurant with several departures from the zoning
ordinance requirements. The 27,000-square foot property(0.6-acres) is less than two acres
in size, which is necessary to establish a Planned Development District. The proposed
conditional use for a planned development would allow for the redevelopment of the site
with a drive-through service and substantial renovation to the building facades. The
proposal is expected to result in increased revenue for the applicant,while the building and
site improvements will have 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.
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 majority of the property is improved with a
one-story commercial building and accessory parking lots. The northern-most 75-feet is
unimproved and includes various trees and shrubs in natural condition. This area also
includes a relatively steep topography that rises by approximately 25 feet to the grade of
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Recommendation & Findings of Fact
Petition 16-21
August 2,2021
the adjacent residential property to the north. The applicant plans to expand the existing
parking lot, but will maintain a 49-foot setback from the north property line. The
topography and the existing vegetation within these 49 feet would remain unchanged. The
expansion of the parking lot would result in the loss of seven trees, but those trees are of
poor quality and all but one do not require to be replaced. The applicant would install 14
new shade trees and eight new evergreen trees as part of the redevelopment which meets
all landscaping requirements of the zoning ordinance. The property does not contain any
significant watercourses or wetlands.
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 applicant is proposing a significant renovation of the building and the site
to accommodate a drive-through service. The property would continue to be used by the
two existing Dunkin' and Baskin Robbins restaurants. The fast-food restaurant use of the
property is typical for the area, which was developed with auto-oriented commercial use.
While the addition of the drive-through lane is expected to generate more traffic to the
restaurant, it will operate with no negative impact on the surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Section 19.45.070, "Table of Required Parking". The proposed 2,615-square foot
restaurant building is required to provide 44 parking spaces based on the requirement for
one parking space per 60 square feet of floor area. The applicant is proposing 14 parking
spaces.
2. Section 19.50.090, "Special Street Graphics". With one access-driveway to E. Chicago
Street, the property is permitted to have one directional graphic with maximum height of
three feet, and maximum sign surface area of two square feet. The applicant is proposing
three directional graphics, each 2'-10"high and two square feet in area.
3. Section 19.50.090, "Special Street Graphics". The property is permitted to have two
drive-through facility graphics(wall-mounted or monument graphics)with a maximum of
11 feet in height and 60 square feet each. The applicant is proposing three drive-through
facility graphics: (1) 6'-9" high and 33.75-square feet in area drive-through menu board,
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
(2) a 4-square foot graphic, and(3) a 0.75-square foot graphic both attached to the drive-
through clearance bar.
4. Section 19.50.015, "Definitions and Regulations". The refuse collection area must meet
the building interior yard setback of six feet. The applicant is proposing to construct a new
refuse collection area with no setback from the west interior lot line.
5. Section 19.40.535, "Site Design". The minimum required vehicle use area interior yard
setback is six feet. The applicant is proposing to construct a drive-aisle on the east side of
the building with a 5.5-foot interior yard setback.
Staff finds the proposed departures are appropriate and necessary for a desirable redevelopment of
the aging property. The existing building was constructed prior to 1973 and was last renovated in
2001. The building is occupied by Dunkin' and Baskin Robbins fast-food restaurants. The
applicant is proposing to renovate the building to include a drive-through service with substantial
upgrades to the building to meet the Dunkin' corporate image. The drive-through service lane has
become an integral part of fast-food restaurants and accounts for a vast majority of sales across all
fast-food restaurants.
The proposed parking reduction is appropriate and necessary to accommodate the new drive-
through lane.Majority of the 20 existing parking spaces are currently never used.Currently,during
its peak times, approximately 14 parking spaces are used. The addition of the drive-through lane
will result in approximately 85-90 percent of sales at the drive-through window,which will reduce
the amount of walk-in customers which require on-site parking. Therefore the 14 parking spaces
proposed to remain will adequately meet the needs of the restaurant.
The applicant is proposing more directional graphics then typically allowed to direct the traffic
through the site and to the drive-through lane. Due to the site constrains the drive-aisle on the east
side of the building is one-way only and provides access to both the drive-through lane and the
parking lot in rear of the building. The directional graphics are proposed at logical locations to
guide the traffic to the rear of the building and to prevent any cars from going in the opposite
direction. All proposed directional graphics would meet the maximum permitted height of three
feet and maximum permitted sign surface area of two square feet.
Similarly,the applicant is proposing more drive-through facility graphics than normally permitted
to clearly identify the entrance to the drive-through lane. Two of the three drive-through facility
graphics are proposed to be attached to the drive-through lane clearance bar and are necessary to
clearly identify which of the two lanes behind the building serves as the entrance to the drive-
through lane. Both of those graphics are far less than the maximum permitted height and sign
surface area for a drive-through facility graphic.
Due to the site constraints,the proposed refuse collection area is located with 0-foot setback from
the west property line. The refuse collection area would still be enclosed with a 6-foot high brick
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
masonry wall matching the exterior of the building. The proposed location is the only viable
location where refuse collection trucks can access the area for refuse pick-up.
Similarly, due to the site constraints, the parking lot drive-aisle on the east side of the building is
located 5.5 feet from the east lot line where minimum six feet is required by Code.The drive-aisle,
which provides access to the drive-through lane and the parking lot in the rear of the building, is
located as far away from the east lot line as possible while also maintaining the safest possible
turning radius for vehicles using the drive-aisle.
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 27,000-square foot property is improved with a 4,795-square
foot one-story commercial building and accessory parking lots.The existing northern-most
75 feet of the property are not improved, and include an approximately 25-foot rise in
topography to the adjacent residential property to the north. This area includes trees and
shrubs which provide screening for the adjacent residential use.The applicant is proposing
to expand the existing parking lot to accommodate a drive-through service lane,but would
not alter the existing topography and maintain a 49-foot setback from the north property
line, which exceeds the required 25-foot transition landscape yard. The applicant would
remove 7 trees most of which are in poor condition and do not need to be replaced. The
applicant will however install 14 new shade trees and eight new evergreen trees on the site.
No existing site features including topography, watercourses, vegetation, and property
improvements exist that would have a negative impact on the proposed building and site
redevelopment.
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 will upgrade the existing services as part of
the building renovation. The existing sewer and water facilities can adequately continue to
serve the restaurant use on the property.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
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 fronts on E. Chicago Street with one full access
driveway. The property includes a connection to the parking lot of the adjacent property to
the west so that the existing access driveway to E. Chicago Street also serves the adjacent
property. The property is already improved with Dunkin' and Baskin Robbins restaurant.
With the proposed a drive-through service,the restaurant is expected to generate additional
traffic. E. Chicago Street has adequate capacity to accommodate any additional traffic
generated by the renovated restaurant. The proposed drive-through service lane is located
in rear of the property and includes ten stacking spaces,which meets the zoning ordinance
requirements. The proposal will not have any negative effect on the existing traffic
circulation in the area.
Per the zoning ordinance, a restaurant is required to provide one parking space per 60
square feet of floor area. The 2,615-square foot restaurant is required to provide 44 parking
spaces. The applicant is proposing 14 parking spaces and is requesting approval of a
departure from the parking requirement.
The existing restaurant currently has twenty parking space, however, most of the spaces
are never used. During its peak time, approximately 14 parking spaces are currently
occupied. With the addition of the drive-through service, the applicant anticipates
approximately 85-90 percent of its business to come from the drive-through. This will
result in far less walk-in customers who need to use on-site parking. Therefore, the
proposed 14 parking spaces can adequately serve the proposed restaurant.
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 substantial redevelopment of the property to
add a drive-through lane. While the proposal includes expansion of the vehicle use area,
the applicant would still maintain a 49-foot transition landscape yard, which far exceeds
the minimum required 25-foot transition landscape yard from the north property line
adjacent to residential properties. In addition, the applicant would install a six-foot high
PVC privacy fence and eight evergreen trees on the exterior of the fence for enhanced
screening. No evidence has been submitted or found that the proposal will exercise any
detrimental impact on surrounding properties.In fact,the proposed redevelopment includes
significant facade renovation that will improve the look of the building. With the proposed
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
building changes and enhanced landscaping throughout the site,the proposed development
will have a positive impact on the surrounding property values.
The proposal represents a desirable redevelopment that will have a positive effect on E.
Chicago Street commercial corridor.
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 & Zoning Commission recommend
approval of Petition 16-21, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Ravi Pandya, as
applicant, and Shree Elgin LLC, as property owner received March 17, 2021, and
supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance received June 25,
2021;
b. ALTA/ACSM Land Title Survey, prepared by Hattendorf Land Surveying,dated May
28, 2013;
c. Demo Site Plan, Site Plan, &Notes, sheet SP-1.0, prepared by MRV Architects, Inc.,
dated May 24, 2021, last revised June 1, 2021, with such further revisions as required
by the Community Development Director;
d. Site Details, sheet SP-1.1, prepared by MRV Architects, Inc., dated March 10, 2021,
with such further revisions as required by the Community Development Director;
e. Trash Enclosure and Fencing Detail, sheet SP-1.2, prepared by MRV Architects, Inc.,
dated March 10, 2021, with such further revisions as required by the Community
Development Director;
f. Landscape Plan, sheets L101, L102, and L103, prepared by Dowden Design Group,
dated March 1,2021,last revised June 14,2021,with such further revisions as required
by the Community Development Director;
g. Floor Plan, sheet Plan, prepared by MRV Architects, Inc., dated March 1, 2021, with
such further revisions as required by the Community Development Director;
h. Proposed Exterior Elevations & Building Signage; sheet EE-1.0, prepared by MRV
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Recommendation & Findings of Fact
Petition 16-21
August 2,2021
Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further
revisions as required by the Community Development Director;
i. Proposed Exterior Elevations & Exterior Finish Schedule; sheet EE-1.1, prepared by
MRV Architects,Inc.,dated May 24,2021,last revised June 1,2021,with such further
revisions as required by the Community Development Director;
j. Exterior Color Elevations; sheet CE-1.0,prepared by MRV Architects, Inc.,dated May
4, 2021, with such further revisions as required by the Community Development
Director;
k. Photometric Site Plan, Details, Schedule, & Notes; sheet PP-1.0, prepared by MRV
Architects, Inc., dated May 24, 2021, last revised June 1, 2021, with such further
revisions as required by the Community Development Director; and
1. Lighting specifications: G-1,G-2,G-4,G-5,and P-5,received June 25,2021,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 allow the redevelopment of the site with a minimum of 14
parking spaces.
3. A departure is hereby granted to allow the construction of three directional street graphics.
4. A departure is hereby granted to allow the installation of three drive-through facility
graphics.
5. A departure is hereby granted to allow the construction of a refuse collection area with no
setback from the west property line.
6. A departure is hereby granted to allow the construction of the vehicle use area with a
minimum 5.5-foot setback from the east property line.
7. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval,subject to
the conditions outlined by the Community Development Department, was four (4) yes, zero (0)
no, and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
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Recommendation & Findings of Fact
Petition 16-21
August 2, 2021
Jay Cox,Chairman
Planning&Zoning Commission
sl Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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Bode Rd
Subject Property
Petition 16-21
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EXHIBITA Aerial/Location Map
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ORC1 Residence Conservation 1
ORC2 Residence Conservation 2
ORC3 Residence Conservation 3 a
OPRC Planned Residence Conservation �Ca
O SFR1 Single Family Residence 1 gG Sf
O PSFR1 Planned Single Family Residence 1 S
O SFR2 Single Family Residence 2
O PSFR2 Planned Single Family Residence 2
QTRF Two Family Residence
O PTRF Planned Two Family Residence
O MFR Multiple Family Residence
PMFR Planned Multiple Family Residence
ORB Residence Business CI
OPRB Planned Residential Business
NB Neighborhood Business
-PNB Planned Neighborhood Business
-AB Area Business
-PAB Planned Area Business
-CC1 Center City 1
-CC2 Center City 2
-PCC Planned Center City
®ORI Office Research Industrial
OPORI Planned Office Research Industrial
OGI General Industrial
®PGI Planned General Industrial
-CI Commercial Industrial
-CIF Community Facility
-PCF Planned Community Facility
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EXHIBIT Zoning Map N
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Map prepared by City of Elgin 0 40 80 160 240 320
Department of Community Development Feet
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Subject Property
812 E. Chicago St.
Petition 16-21
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EXHIBIT C Parcel Map
City of Elgin 0 12.5 25 50 75 100
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Department of Community Development
EXHIBIT D
SITE LOCATION
812 E. Chicago Street
Petition 16-21
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EXHIBIT D
SITE LOCATION
812 E. Chicago Street
Petition 16-21
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Partial front elevation of the building
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Rear elevation of the building
EXHIBIT D
SITE LOCATION
812 E. Chicago Street
Petition 16-21
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Existing east elevation of the building
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Existing drive-aisle west of the building
EXHIBIT D
SITE LOCATION
812 E. Chicago Street
Petition 16-21
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Photos of the existing rear
parking lot