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HomeMy WebLinkAboutG51-22 Ordinance No. G51-22 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 (155 South Randall Road) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct a 12-foot-high fence and a third wall graphic with certain departures from the Elgin zoning ordinance at 155 South Randall Road; and WHEREAS, the zoning lot containing the premises at 155 South Randall Road is legally described herein(the"Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on July 11, 2022, 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 July 11, 2022, 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 a 12-foot- high solid fence and a third wall graphic with certain departures from the Elgin zoning ordinance is hereby granted for the property commonly known as 155 South Randall Road, and commonly identified by Kane County Property Index Number 06-21-106-041, and legally described as follows: PARCEL 1: PART OF LOTS 3,4 AND 5 OF RANDALL LAKE CROSSING SUBDIVISION,BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16,AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE NORTH 07 DEGREES 14 MINUTES 36 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 16.74 FEET TO A LINE THAT IS 16.60 FEET NORTH, MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 FOR THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 231.00 FEET TO A LINE THAT IS PARALLEL WITH THE WEST LINE OF SAID LOTS 3,4 AND 5; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 258.91 FEET TO A LINE THAT IS 7.69 FEET NORTH, MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 5;THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 263.91 FEET TO THE WESTERLY LINE OF SAID LOT 5; THENCE NORTH 07 DEGREES 14 MINUTES 36 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOTS 5, 4 AND 3 A DISTANCE OF 260.99 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 ON, OVER AND ACROSS HATCH AREA DEPICTED ON THE PLAT OF SUBDIVISION OF RANDALL LAKE CROSSING RECORDED AS DOCUMENT NO. 94K086086 PARCEL 3: A RECIPROCAL EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITILED "GRANT OF RECIPROCAL EASEMENTS, COVENANTS AND RESTRICIOTNS" RECORDED DECEMBER 11, 1996 AS DOCUMENT NO. 96K087561 AND "STATEMENT OF CORRECTION" RECORDED SEPTEMBER 11, 1998 AS DOCUMENT NO 98K082736. 2 PARCEL 4: THE BENEFICIAL RIGHTS AS CONTAINED IN DECLARTION OF EASEMENT RECORDED AUGUST 27, 1993 AS DOCUMENT NO 93K65655; AMENDED AND SUPERCEDED BY DECLERATION RECORDED JUNE 30, 1994 AS DOCUMENT NO. 94K052813; COVENANTS TO MAINTAIN RECORDED SEPTEMBER 11, 1998 AS DOCUMENT NO. 98KO82738 PARCEL 5: THE BENEFICIAL RIGHTS AS CONTAINED IN A RECIPROCAL EASEMENT RECORDED JUNE 9, 1995 AS DOCUMENT NO. 95K031072. PARCEL 6: THE BENEFICIAL RIGHTS AS CONTAINED IN A DECLERATION OF EASEMENT RECORDED AUGUST 27, 1998 AS DOCUMENT NO. 98KO77546 (commonly known as 155 South Randall Road). 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 OR1, Inc., as applicant, and Castle Investment Properties, as property owner received June 8, 2022, and supporting documents including: a. A letter to City of Elgin RE: Statement of Purpose and Conformance, prepared by Nick Smith, owner of Old Republic Kitchen and Bar, dated June 22, 2022; b. ALTA/NSPS Land Title Survey, prepared by JLH Land Surveying Inc., dated November 13, 2017, last revised February 4, 2021; c. Old Republic Outdoor Dining Space plan, prepared by Signature Inc., dated June 2022, received June 22, 2022, with such further revisions as required by the Community Development Director; d. Old Republic drawing with patio plan and south rendering, prepared by Signature Inc.,dated May 25,2022,with such further revisions as required by the Community Development Director; e. Fence Detail drawing, prepared by Manheim Architecture, dated December 13, 2021, with such further revisions as required by the Community Development Director; f. Old Republic South Side Channel Letters plan, prepared by Signarama, dated received May 25, 2022, with such further revisions as required by the Community Development Director; g. Live Band Community Noise Issue report, prepared by Acoustic Associates, Ltd., dated May 5, 2022; and h. Alternative Sound Wall Design letter,prepared by Acoustic Associates,Ltd.,dated June 21,2022. 3 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 construction of a 12-foot-high, solid, wood fence on the subject property in substantial conformance to the Old Republic Outdoor Dining Space plan, prepared by Signature Inc., dated June 2022, received June 22, 2022,with such further revisions as required by the Community Development Director. The structural members of such fence shall be installed on the interior(restaurant) side of the fence. 3. A departure is hereby granted to allow the installation of a third wall graphic on the restaurant building. 4. The applicant shall install a minimum of 26 evergreen trees with the minimum height of six feet at the time of installation. 5. The playing of live or recorded music on the outdoor patio shall be accessory to the restaurant operation. 6. The maximum capacity in the outdoor patio shall not exceed 128 persons. 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. Kapt n, Mafor Presented: August 24, 2022 Passed: August 24, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 24, 2022 " ;� . fh.. a v' Published: August 24, 2022 ► % r As F«� ` Attest: Kimberly Dewis, Cl j"frFl y '. 4 EXHBIT A July 11,2022 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 37-21, an application by ORI, Inc - Nick Smith, as applicant, and Castle Investment Properties, LLC, as property owner, requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for a fence, the maximum number of wall graphics, and any other departures as may be necessary or desirable,to allow the construction of a 12-foot-high solid fence and the installation of a third wall graphic for Old Republic Kitchen and Bar restaurant at the property commonly referred to as 155 S. Randall Road. GENERAL INFORMATION Petition Number: 37-21 Property Location: 155 S. Randall Road Requested Action: Planned development as a conditional use Current Zoning: AB Area Business District Proposed Zoning: No change. AB Area Business District Existing Use: Eating place(restaurant) Proposed Use: No change. Eating place(restaurant) Applicant: OR1, Inc. /Nick Smith Owner Castle Investment Properties, LLC Staff Coordinator: Damir Latinovic,AICP, Senior Planner Recommendation & Findings of Fact Petition 37-21 July 11, 2022 Exhibits Attached: A. Aerial B. Zoning Map C. Parcel May D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND OR1, Inc - Nick Smith, as applicant, and Castle Investment Properties, LLC, as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code requirements for a fence, the maximum number of wall graphics, and any other departures as may be necessary or desirable,to allow the construction of a 12-foot-high solid fence and the installation of a third wall graphic for Old Republic Kitchen and Bar restaurant at the property commonly referred to as 155 S. Randall Road. The 1.47-acre property, zoned AB Area Business District, is located on the east side of S. Randall Road just south of US Highway 20. The property is improved with a 5,461-square foot building occupied by Old Republic Kitchen and Bar restaurant.The restaurant includes a patio with outdoor seating partially covered by pergolas, covered performance stage, and two shipping containers. The shipping container along the south property line was converted to a bar with restaurant seating on the rooftop of the container. The second shipping container on the east side of the patio was converted for storage with additional restaurant seating on the rooftop of the container. The property also includes an accessory parking lot with 90 parking spaces. The property does not have direct access to Randall Road. The access to the property is from the extension of Weld Road and the private north-south "frontage" drive known as Randall Lake Crossing which runs east of and parallel to Randall Road.The extension of Weld Road and Randall Lake Crossing drive provide access to all outlots in this area on the east side of Randall Road. All surrounding properties are zoned AB Area Business District. The properties to the north are improved with Applebee's grill and bar restaurant and Elgin Cinema theater with accessory parking lots. The properties to the east include a Valvoline motor vehicle repair shop and a two- unit commercial building with a laundromat and a dance studio. The property to the west is improved with a one-story commercial building home to an optometrist office. And the properties to the south include a US post office, Aldi grocery store, and Boston Market and McDonald's restaurants. -2 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 • � t 77 S} SUb CA v a Figure 1.Site area map with zoning overlay Proposal The owner of Old Republic restaurant is proposing to install a 12-foot-high, solid, wood fence to enclose its outdoor patio, and a third wall graphic on the south facade. The proposed 12-foot-high fence would be installed along the Weld Road extension drive, approximately four feet north of the roadway curb, and wrap-around the existing refuse collection area. The exterior of the cedar wood fence would include up-lighting and 26 evergreen trees to soften the look of the fence.Additionally,the applicant would install ivy plants on both the interior and exterior side of the fence. The fence would essentially enclose the southeastern portion of the outdoor patio area. - 3 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 r The proposed fence is the result of an acoustical study (included in the application - - 8 packet) commissioned by --- the applicant to identify solutions to contain the sound associated with 1 outdoor playing of live and recorded music on the patio. Since the construction of 4` - the restaurant's outdoor patio and the performance stage, the City has received r �Q'IIIIQ�IIIII'fll€IWIf y�1 " several complaints Jo — regarding noise levels at the residential properties located east and southeast of this commercial area. As is the case with other _ commercial properties, the restaurant must comply with the City's noise ordinance (Section 10.30 of the Elgin Municipal Code) - which limits the sound emission from a commercial property onto any residential property to no more than 55 dBA (50 dBA for impulsive sound) during daytime hours and no more than 44 dBA (45 Figure 2.Fence layout outlined in red(top),and proposed wall sign on the south dBA for impulsive sound) fagade(bottom) during nighttime hours.The closest residential property is approximately 420 feet to the east of the subject property. The nighttime hours are defined as 10 pm- 7 am(the next day) seven days per week. The acoustical study included sound measurements at the restaurant's outdoor patio and at the residential property on Nautical Way (southeast of the restaurant) before, during, and after the musical performances. The study found the ambiance noise level at the residential property is 47dBA during the 11 pm hour after the musical performance on the patio,which is actually higher -4- Recommendation & Findings of Fact Petition 37-21 July 11, 2022 than the maximum permitted sound level by the noise ordinance during the overnight hours (44 dBA). The study concludes with a recommendation for 1) the installation of a 12-foot-high wall that would enclose the southeast area of the outdoor patio to limit the noise impact on residential properties to the southeast,2) lowering of the speakers by minimum two feet, so that the speakers are below the new 12-foot-high wall, and 3) monitoring of sound level at the restaurant so that it does not exceed 63 dBA at the southeast corner of the property (15-minute average measured outside the new wall). If those three recommendations are implemented, the sound level at the nearest residential property would not exceed the ambient noise. Therefore, the applicant is proposing to install the 12-foot-high solid,wood fence to wrap-around the southeastern portion of the patio. The applicant will lower the height of the speakers by two feet so that the speakers are below the top of the new fence.And,the applicant would also monitor the sound level during live and recorded musical performances to not exceed the maximums outlined by the acoustical study. The third proposed wall graphic would be installed on the south elevation. The new wall sign would be 57 square feet in area and would match the design of the two existing wall signs on the north and west facades of the building(each existing wall sign is 121.41 square feet in sign surface area).With the proposed third wall sign,the total sign surface area would be 300 square feet,which is below the maximum permitted sign surface area of 527.52 square feet for all wall signs on the building. The restaurant also has a code-compliant monument sign(7.3-foot high with 80 square feet in sign surface area)and a north-facing service sign(7.33 square feet)for carry-out customers. The applicant states the south facing wall sign is desired to serve as wayfmding for motorists coming from the south as the property does not have direct access to Randall Road. The applicant would also restripe one of six existing accessible parking stalls west of the building into two regular parking stalls, which is consistent with the plans and requirements of the 2021 building permit for the patio expansion. The restaurant is required to have 91 parking spaces, and the proposed restriping of one accessible stall would bring the total number of parking spaces on site to 91,which meets the zoning ordinance requirements. A four-foot high,code-compliant open design fence would also be installed along the Weld Road extension west of the outdoor patio. The applicant is not proposing any other changes to the building, the site, or its operations. The applicant states live or recorded playing of music would continue to be played as accessory to the restaurant operations. 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 two 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. - 5 - Recommendation & Findings of Fact Petition 37-21 July 11,2022 Table 1.Detail of Departures for 155 S. Randall Road Requirement Proposal Maximum height of a fence within the Max. 6 feet high 12 feet high required interior yard Maximum number of primary wall 2 3 graphics The Community Development Department offers the following additional information: A. Property History.The subject property was annexed to the city in 1974.Upon annexation, the property was zoned B-3 Service Business District. In 1992 it was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. The existing building was constructed in 1997 for Lonestar Steakhouse restaurant. B. Surrounding Land Use and Zoning. All surrounding properties are zoned AB Area Business District. The properties to the north are improved with Applebee's grill and bar restaurant and Elgin Cinema theater with accessory parking lots. The properties to the east include a Valvoline motor vehicle repair shop and a two-unit commercial building with a laundromat and a dance studio. The property to the west is improved with a one-story commercial building home to an optometrist office. And the properties to the south include a US post office,Aldi grocery store, and Boston Market and McDonald's restaurants. C. Comprehensive Plan. The subject property is designated as Corridor Commercial by the City's 2018 Comprehensive Plan and Design Guidelines. Located along the City's heavily traveled corridors and intersections, 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 and intent of the AB Area Business District is to provide commodities and services to several neighborhoods,and in some instances to a community wide 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 CC 1 Center City District. E. Trend of Development. The subject property is located within an established multi- building commercial area along Randall Road that was developed in the mid-1990s. Other existing commercial uses surrounding the subject property include Marcus Elgin Cinema - 6 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 movie theater,Applebee's,McDonald's, and Boston Market restaurants, and Aldi grocery store, among others. The commercial area is fully built-out and no new buildings are expected in the immediate area. With the high volume of traffic along Randall Road and easy access to US Highway 20, the area will continue to be occupied with commercial uses in the future and will continue to provide retail goods and services for the surrounding neighborhoods, as well as the residents from a larger area due to its location along Randall Road. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 37-21 on July 11,2022.Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings and Recommendation to the Planning and Zoning Commission dated July 11, 2022. 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. 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 1.47-acre property is nearly 100 per cent improved with a 5,460-square foot restaurant building, outdoor patio, and accessory parking lot. The applicant is proposing to install a 12-foot-high, solid, wood fence to enclose the southeast portion of the outdoor patio. The fence would be installed within a landscape area. The applicant would add 26 new 6-foot-high evergreen trees and up- lighting on the exterior of the fence to soften the appearance of the fence. No existing site features including topography,watercourses,vegetation, and property improvements exist that would have a negative impact on the proposed fence. 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. -7- Recommendation& Findings of Fact Petition 37-21 July 11, 2022 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 any changes to the existing water and sewer infrastructure, and no changes are necessary for the proposed installation of the fence.The existing water and sewer facilities will continue to adequately serve the existing restaurant. 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 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 subject property is located along Randall Road corridor south of US Highway 20, but does not have direct access to Randall Road. The access to the property is from the extension of Weld Road and from the private north- south"frontage" drive known as Randall Lake Crossing which runs east of and parallel to Randall Road. The extension of Weld Road and Randall Lake Crossing drive provide access to all outlots in this area on the east side of Randall Road. The area was developed in the mid-1990 with accessory parking lots serving each outlot generally and seamlessly connected to each other. The area functions with safe and efficient on-site and off-site circulation, and the proposed fence would not have any negative effect on the existing traffic circulation in the immediate area. The proposed south facing wall sign would serve as wayfinding for motorists coming from the south, which can only have a positive effect on traffic circulation in the immediate area. The existing 5,460-square foot restaurant is required to have 91 parking spaces based on the requirement for one parking space 60 square feet of floor area. With 90 parking spaces on site, the restaurant does not meet the parking requirement. However,the applicant will restripe one accessible parking stall to two regular stalls resulting in one additional parking - 8 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 stall on site, which will bring the restaurant in compliance with the zoning ordinance parking requirement. The four remaining accessible stalls meet the requirement of the Illinois ADA for four accessible stalls on site. 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 to the city in 1974. Upon annexation, the property was zoned B-3 Service Business District. In 1992 it was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. The existing building was constructed in 1997 for Lonestar Steakhouse restaurant. 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 surrounding properties are zoned AB Area Business District. The properties to the north are improved with Applebee's grill and bar restaurant and Elgin Cinema theater with accessory parking lots. The properties to the east include a Valvoline motor vehicle repair shop and a two- unit commercial building with a laundromat and a dance studio. The property to the west is improved with a one-story commercial building home to an optometrist office. And the properties to the south include a US post office,Aldi grocery store, and Boston Market and McDonald's restaurants. 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 within an established multi- building commercial area along Randall Road that was developed in the mid-1990s Other existing commercial uses surrounding the subject property include Marcus Elgin Cinema movie theater, Applebee's, McDonald's, and Boston Market restaurants, and Aldi grocery store, among others. The commercial area is fully built-out and no new buildings are expected in the immediate -9- Recommendation & Findings of Fact Petition 37-21 July 11, 2022 area. With the high volume of traffic along Randall Road and easy access to US Highway 20, the area will continue to be occupied with commercial uses in the future and will continue to provide retail goods and services for the surrounding neighborhoods, as well as the residents from a larger area due to its location along Randall Road. 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. 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 and Design Guidelines. Located along the City's heavily traveled corridors and intersections,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 two departures associated with the 12-foot-high fence and the third wall graphic. The 1.47-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 for the installation of a fence to minimize any negative impact of sound associated with live and recorded playing of music on the outdoor patio. The project represents a - 10- Recommendation & Findings of Fact Petition 37-21 July 11, 2022 desirable improvement to an existing property that would 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 subject property is nearly entirely improved with the restaurant building,outdoor patio and accessory parking.No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed installation of the fence and the third wall sign. The applicant would install 26 evergreen trees on the exterior of the proposed fence to soften the look of the fence on surrounding properties. 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 proposed 12-foot-high fence is a result of an acoustical study commissioned by the applicant to determine the best solution to minimize any negative effect associated with playing of live or recorded music on the surrounding properties. The applicant would also lower the stage speakers so that they are positioned below the new 12-foot-high fence, and will monitor the sound level within the patio to minimize any negative effects on nearby residential properties. The property does not have direct access from Randall Road.The third wall sign will serve as wayfinding for motorists arriving from the south. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of the zoning ordinance: 1. Sections 19.90.015, "Definitions and Regulations". The maximum permitted height of a fence within the required interior yard is six feet. The applicant is proposing to install a 12- foot-high, solid, wood fence along the south lot line. - 11 - Recommendation & Findings of Fact Petition 37-21 July 11,2022 2. Section 19.50.080, "Wall and Integral Roof Graphics". The maximum number of primary wall graphics is two. The applicant is proposing to have three primary wall graphics. Staff finds the proposed departures are appropriate and necessary for a desirable use of an existing commercial property. The proposed 12-foot-high fence is a result of an acoustical study performed to determine the best means of sound control within the existing outdoor patio serving the restaurant. The study concludes that if(1) a 12-foot-high wall is installed to enclose the southeastern portion of the outdoor patio, (2) the existing speakers are lowered to be below the 12-foot-high wall, and (3) if the sound level is limited to 63dB(A)at the southeast corner of the property(outside the proposed 12-foot-high fence),then the sound level at the nearest residential properties would not exceed the ambient level. The proposed wood fence would match the look of the wood pergola in the patio and it would include up-lighting and evergreen trees to improve and soften the look of the fence from adjacent roadways and properties. The third proposed wall graphic to be installed on the south fagade of the restaurant building would match the design of the two other existing wall signs on the north and west facades. The property does not have direct access from Randall Road. Instead, the access to the property is from private drives(extension of Weld Road and Randall Lake Crossing).The south facing wall would identify the building for motorists traveling northbound on both Randall Road and the internal north-south drive(Randall Lake Crossing). Even with the third wall sign,the total sign surface area of all wall graphics (300 square feet) is still well below the maximum permitted sign surface area of 527.52 square feet. 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 1.47-acre property is nearly 100 per cent improved with a 5,460-square foot restaurant building, outdoor patio, and accessory parking lot. The applicant is proposing to install a 12-foot-high, solid, wood fence to enclose the southeast portion of the outdoor patio. The fence would be installed within a landscape area. The applicant would add 26 new 6-foot-high evergreen trees and up-lighting on the exterior of the fence to soften the appearance of the fence. No existing site features including topography,watercourses,vegetation, and property improvements exist that would have a - 12 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 negative impact on the proposed fence. 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 any changes to the existing water and sewer infrastructure, and no changes are necessary for the proposed installation of the fence. The existing water and sewer facilities will continue to adequately serve the existing restaurant. 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 subject property is located along Randall Road corridor south of US Highway 20, but does not have direct access to Randall Road. The access to the property is from the extension of Weld Road and from the private north-south "frontage" drive known as Randall Lake Crossing which runs east of and parallel to Randall Road. The extension of Weld Road and Randall Lake Crossing drive provide access to all outlots in this area on the east side of Randall Road. The area was developed in the mid-1990 with accessory parking lots serving each outlot generally and seamlessly connected to each other. The area functions with safe and efficient on-site and off-site circulation, and the proposed fence would not have any negative effect on the existing traffic circulation in the immediate area. The proposed south facing wall sign would serve as wayfinding for motorists coming from the south, which can only have a positive effect on traffic circulation in the immediate area. The existing 5,460-square foot restaurant is required to have 91 parking spaces based on the requirement for one parking space 60 square feet of floor area. With 90 parking spaces on site, the restaurant does not meet the parking requirement. However,the applicant will restripe one accessible parking stall to two regular stalls resulting in one additional parking stall on site, which will bring the restaurant in compliance with the zoning ordinance parking requirement. The four remaining accessible stalls meet the requirement of the Illinois ADA for four accessible stalls on site. 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 - 13 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 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 to install the 12-foot-high solid fence to contain the sound associated with the playing of live and recorded music on the outdoor patio. The applicant would also lower the stage speakers to be below the new 12-foot-high wall, and monitor the sound level on the property to assure the sound level at the nearest residential properties does not exceed the ambient noise. The applicant would install 26 evergreen trees and up- lighting on the exterior of the fence to soften and enhance the look of the fence from adjacent properties. The proposed third wall sign on the south fagade would aid motorists arriving from the south. Easier wayfinding would improve traffic circulation in the immediate area, especially considering all surrounding properties are accessed from the same private internal drive-aisles. The proposed improvements will have a positive impact on the 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 37-21, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by OR1, Inc., as applicant, and Castle Investment Properties, as property owner received June 8, 2022, and supporting documents including: a. A letter to City of Elgin RE: Statement of Purpose and Conformance,prepared by Nick Smith,owner of Old Republic Kitchen and Bar, dated June 22, 2022; b. ALTA/NSPS Land Title Survey, prepared by JLH Land Surveying Inc., dated November 13,2017, last revised February 4, 2021; - 14- Recommendation & Findings of Fact Petition 37-21 July 11, 2022 c. Old Republic Outdoor Dining Space plan, prepared by Signature Inc., dated June 2022, received June 22, 2022, with such further revisions as required by the Community Development Director; d. Old Republic drawing with patio plan and south rendering, prepared by Signature Inc.,dated May 25,2022,with such further revisions as required by the Community Development Director; e. Fence Detail drawing, prepared by Manheim Architecture, dated December 13, 2021, with such further revisions as required by the Community Development Director; f. Old Republic South Side Channel Letters plan, prepared by Signarama, dated received May 25, 2022, with such further revisions as required by the Community Development Director; g. Live Band Community Noise Issue report, prepared by Acoustic Associates, Ltd., dated May 5, 2022; and h. Alternative Sound Wall Design letter,prepared by Acoustic Associates,Ltd.,dated June 21, 2022. 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 construction of a 12-foot-high, solid, wood fence on the subject property in substantial conformance to the Old Republic Outdoor Dining Space plan, prepared by Signature Inc., dated June 2022, received June 22, 2022,with such further revisions as required by the Community Development Director. The structural members of such fence shall be installed on the interior(restaurant) side of the fence. 3. A departure is hereby granted to allow the installation of a third wall graphic on the restaurant building. 4. The applicant shall install a minimum of 26 evergreen trees with the minimum height of six feet at the time of installation. 5. The playing of live or recorded music on the outdoor patio shall be accessory to the restaurant operation. 6. The maximum capacity in the outdoor patio shall not exceed 128 persons. 7. Compliance with all applicable codes and ordinances. - 15 - Recommendation & Findings of Fact Petition 37-21 July 11, 2022 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. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 16 - 1 � w G h c Foothill Rd 'Qovfe?o parkin Aye a m ; ry a Subject Property Petition 37-21 r, w r �• • r�+ t • � 1 _ i � Erie St 1 1 •�• ,-ly f ; c• . I r •s/ r r r yt 1 f� I rr r fI,r South;St d M ps oA EXHIBITA Aerial/Location Map N N'+I: ti Map prepared by City of Elgin o ao iso 320 aao 640 eet Department of Community Development 0 2 PAB CF o. i I PAB Subject Property Petition 37-21 Legend QRC1 Residence Conservation 1 - ORC2 Residence Conservation 2 --- QRC3 Residence Conservation 3 OPRC Planned Residence Conservation QSFR1 Single Family Residence 1 Q PSFR1 Planned Single Family Residence 1 Y QSFR2 Single Family Residence 2 QPSFR2 Planned Single Family Residence 2 TRF Two Family Residence AB QPTRF Planned Two Family Residence QMFR Multiple Family Residence (� OPMFR Planned Multiple Family Residence -- QRB Residence Business R OPRB Planned Residential Business C -NB Neighborhood Business -PNB Planned Neighborhood Business ICp _AB Area Business ❑ ❑ -PAB Planned Area Business -CC1 Center City 1 ❑ -CC2 Center City 2 -PCC Planned Center City - -- - -ORI Office Research Industrial ❑ PRC -PORI Planned Office Research Industrial -GI General Industrial -PGI Planned General Industrial -Cl Commercial Industrial _- R ❑ w Eil ®CIF Community Facility MF• ®PCF Planned Community Facility Z EXHIBIT B Zoning Map \1�f 1 Map prepared by City of Elgin 0 55 110 220 330 440 Feet Department of Community Development Subject Property - - - - -- - 155 S. Randall Rd. -- Petition 37-21 0621106041 Weld Rd v a� m a c EXHIBIT C Parcel Map N A City of Elgin o 12.5 25 50 75 100 Department of Community Development Feet EXHIBIT D SITE LOCATION 155 S. Randall Road Petition 37-21 lot. -.. - Mr Mp w , ■�.' ., I _ ..1 .1�Ali �fl� d^} � � � �r Bird's eye view looking north W. a. ji z Bird's eye view looking south EXHIBIT D SITE LOCATION 155 S. Randall R• . • Petition x- View of the outdoor patio looking east :;I MIT141 Existing shipping container along the south side of the � K patio EXHIBIT D SITE LOCATION 155 S. Randall R• . • Petition AWW The location of the proposed 12-foot fence r r'' The location of the proposed 12-foot fence EXHIBIT D SITE LOCATION 155 S. Randall Road Petition 37-21 nab The location of the proposed 12-foot fence ,1 The area east of the eastern shipping container