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HomeMy WebLinkAboutG62-21 Ordinance No. G62-21 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR AN OTHER SCHOOL AND EDUCATIONAL SERVICE IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (400 South Randall Road, Suite I) WHEREAS, written application has been made requesting conditional use approval for a planned development to establish an other school and educational service, more specifically a tutoring center, with a departure from the minimum number of required parking spaces at 400 South Randall Road, Suite I; and WHEREAS, the zoning lot containing the premises at 400 South Randall Road, Suite I, is legally described herein(the"Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District, and an other school and educational service, more specifically a tutoring center, is listed as a conditional use within the AB Area Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on October 4, 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 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 October 4, 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 for a planned development to establish an other school and educational service, more specifically a tutoring center, with a departure from the minimum number of required parking spaces is hereby granted for the property commonly known as 400 South Randall Road, Suite I, which is part of the property commonly identified by Kane County Property Index Number 06-21-151-010, and legally described as follows: PARCEL 1: LOT 15 OF STACEY ENOS SUBDIVISION, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, SAID PLAT OF SUBDIVISION RECORDED FEBRUARY 21, 1995 AS DOCUMENT 95K009372. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR BENEFIT OF PARCEL 1 AS SET FORTH IN THE DECLARATION RECORDED JULY 25, 1994, AS DOCUMENT 94K58635 ON AND OVER PART OF LOT 14 OF STACY ENOS SUBDIVISION, AFORESAID. (commonly known as 400 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 Kelly Olsen- Guyant, as applicant, and Micromont Holdings 8 LLC, as property owner received September 13, 2021, and supporting documents including: a. Conditional Use Statement of Purpose and Conformance letter, prepared by Kelly Olsen-Guyant, dated September 8,2021; b. ALTA/ACSM Land Title Survey, prepared by Bledsoe Riggert Guerrettaz Land Surveying, dated August 20, 2014; c. Building Floor Plan, prepared by Robert B. Drews Associates, Inc., dated October 23, 1997, dated received September 12, 2021, with such further revisions as required by the Community Development Director; and d. Undated 3-page floor plans for the proposed tutoring center, dated received September 12, 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 establishment of the proposed tutoring center and the establishment of any other use classified as a permitted use in the AB Area 2 Business District,except for an"Eating Place(5812)"not located within end units Suite A or Suite H, which include a drive-through pick-up window, provided a minimum of 79 parking spaces are located on the Subject Property. 3. 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. 0(/6 — D vi J. Ka n, yor Presented: November 17, 2021 Passed: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 17, 2021 Published: November 19, 2021 14. Attest. F Kimberly Dewis, Clerk \Ri 3 EXHIBIT A October 4, 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 45-21, an application by Kelly Olsen-Guyant,as applicant,and Micromont Holdings 8 LLC,as property owner, requesting approval of a conditional use for a planned development with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces,and any other departures as may be necessary or desirable, to establish an other school and educational service, more specifically a tutoring center, at the property commonly referred to as 400 S. Randall Road, Unit I. GENERAL INFORMATION Petition Number: 45-21 Property Location: 400 S. Randall Road, Suite I Requested Action: Planned development as a conditional use Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant commercial tenant space within a partially occupied multi- tenant commercial building Proposed Use: Other school and educational service,more specifically a tutoring center Applicant: Kelly Olsen-Guyant Recommendation & Findings of Fact Petition 45-21 October 4, 2021 Owner Micromont Holdings 8 LLC Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Aerial B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND Kelly Olsen-Guyant, as applicant, and Micromont Holdings 8 LLC, as property owner, are requesting approval of a conditional use for a planned development with departures from the Elgin Municipal Code requirements for the minimum number of required parking spaces, and any other departures as may be necessary or desirable, to establish an other school and educational service, more specifically a tutoring center, at the property commonly referred to as 400 S. Randall Road, Unit I. The 1.65-acre property is located on the west side of Randall Road, approximately 450 feet south of the intersection of Randall Road and South Street. The access to the property is in the rear from South Street. There is no direct access to the property from Randall Road.The property,zoned AB Area Business District and ARC Arterial Road Corridor Overlay District, is improved with a 15.233-square foot one-story multi-tenant commercial building. The property includes a front and a rear parking lot with a total of 79 parking spaces. Building tenants include Oberweis Dairy and Jimmy John's restaurants and Enterprise Rental Car and H&R Block offices. Three other tenant spaces, with approximately 7,413 square feet of floor area are currently vacant. Oberweis Dairy and Jimmy John's restaurants are located on the opposite ends of the building and include drive- through service lanes with pick-up windows. The properties to the west, north and east are also zoned AB Area Business District or PAB Planned Area Business District. The property to the west is improved with a one-story building home to daycare care facility. The property adjacent to the north is a multi-tenant commercial building home to Merlin Complete Auto Care,a motor vehicle repair shop,and Batteries Plus retail store. The property to the east is improved with a one-story commercial building home to Tuffy -2- Recommendation & Findings of Fact Petition 45-21 October 4, 2021 Auto Service, another motor vehicle repair shop. The property adjacent to the south is zoned PCF Planned Community Facility District,and is the site of the proposed 4-story, 151-unit senior-living facility approved by the City Council in January of 2021. The construction of the senior-living facility is expected to commence in spring 2022. �..,n, i . ... ' EEO) SOSOI/JSro II tt a • ir . . , ., , _ ,.,...,-- /�/ •o: , r I33,: 'gyp-. % '"I_, iZFia. J o om e .' / 1 E 1 r� J . OLQ + .,7- 4 .____ 7- ___ '44( irk/ .. . ��,.��,, a�_ ._ _.. ..r._ - _,..- ANA Figure 1.Site area map with zoning overlay Proposal The applicant is requesting approval of a planned development as a conditional use to establish a tutoring center with a departure from the zoning ordinance parking requirement. The proposed tutoring center would be located within the 1,463-square foot Suite I located in rear of the building. Suite I has been vacant fore many years as it lacks visibility from Randall Road. The location,however,is well suited for the proposed tutoring center because it offers a more quiet setting. The applicant has already completed minor interior renovation to accommodate one large space with several workstations for tutors and students. The center would be open Monday-Friday from 4 p.m. to 9 p.m. with up to 7 tutors and the maximum of 18 students during the peak time. The center would be closed on weekends. The applicant is not proposing any exterior changes to the building. Any future street graphics would comply with the zoning ordinance requirements. - 3 - Recommendation & Findings of Fact Petition 45-21 October 4,2021 Proposed Tutoring Center , e Q -- -- --_--- - r }ll J �� • Lf of. \ \'� 111 .41 �'A� t�1 - .. �if _S� Vacant �1 % Ode ___ I� ' '\ i.> i — — :1*-11 •—• —.7 .-- rr—— —4 -elr— Figure 2.Builidng floor plan(left)with the layout of the proposed tutoring center in Suite I(right) The proposed tutoring center is required to provide one parking space per employee, plus one parking space per ten seats in the largest classroom. With the maximum of seven employees and 18 students, the proposed tutoring center is required to have a minimum of nine parking spaces. With the proposed tutoring center and the four existing tenants in the building (Oberweis Dairy, Jimmy John's,Enterprise Car Rental,and H&R Block),the property is required to have a minimum of 97 parking spaces. With 79 parking spaces on site, the property does not meet the parking requirement. 1 While the zoning ordinance allows for a 60%reduction to the parking requirement of the tutoring center because its peak hours do not overlap with the peak hours of the two restaurants on site, such reduction only reduces the parking requirement to four parking spaces for the tutoring center, and 92 for the entire building. Two other tenant spaces with approximately 5,950 square feet in total floor area are still vacant. Any potential uses in those tenant spaces would further increase the parking requirement for the property. If the existing vacant spaces are occupied with general office or retail uses that require one parking space per 250 square feet of floor area, the entire building would be required to have 116 parking spaces with only 79 parking spaces on site, and no room on site to construct additional parking. The applicant is requesting approval of the planned development with a departure from the parking requirement to allow the establishment of the tutoring center, and any other permitted or conditional use allowed in the AB District in the future, except for another sit-down restaurant, -4- Recommendation & Findings of Fact Petition 45-21 October 4, 2021 because the actual parking demand of the shopping center is far less than the parking requirement. Traditional sit-down restaurants would not be allowed because they have larger parking demand that would not be able to be met by the existing parking lot. The multi-tenant building is currently required to have a total of 88 parking spaces and is considered non-conforming regarding parking,largely because Oberweis Dairy and Jimmy John's are required to have 30 parking spaces each.However,during the restaurants peak parking demand hours during lunch time on weekdays, only 20 parking spaces are typically occupied. The peak parking demand for the building actually happens during the weekday afternoon peak hour between 5 p.m. and 6 p.m when only 23 parking spaces are occupied. This represents only 26 per cent of the current zoning ordinance parking requirement for the building. The two restaurants experience a far lower parking demand than the standard sit-down restaurants because each restaurant has a drive-through pick-up window. The vast majority of restaurants' sales occur through the drive-through pick-up window.In fact,Jimmy John's small dining room is still closed due to Covid-19 pandemic, so 100 per cent of restaurant's sales takes place through the pick-up window. �I! } I ;; ':r vw.._. ENC. r `..oti.wo mnbb u un.r.ln .►a.a b.Yufr.u. .611 r / i _ p LOT 3 Aug.,.. KAAIN REAL ESTATE 020011(137312 I '" 'fir~ _ �+r'r ,,:a.+ .14 LOT 13 „y �r t;rI il" _ J� -fir.-:_ ` - 1 .o.oa:0 f 4 ,N l ' .— �4 I q /�/// I_le 1 r ! i i J 1 T— all I 1° LOT 15 p i I•yam�E �r-' I I / PARCEL, ,_" / I ,.n..o. r tij ,V ( SE DES CORPORATION I i /PTK06m3 1 �+� 7 ••• - Alf,rJ•••., ,£ Cl.!;..., 72102 SOFT i ���.z , r r ��� 1.86 ACR, LT ,...,....,,..,„ES /1..®_ 1 Ar ,,, 1 it t �� J 1!( rsr �� I '-. I 1 .-.,, .. ......„ /4 .._., :z„.7,....., 1 st /4 1 11 ,E ---- ,7 i a 1 1 I r -� ' 1 , I si , III N "'Anr u� r -.$ 1 1 i FUNK PROPER TES LIY ./ED . I Ili 1 tit I , I Figure 3.Existing site plan If the actual parking demand is applied as the parking requirement for the building with existing tenants, and the remainder of the building is occupied by the tutoring center and general office or retail uses, the building's parking requirement would be 56 parking spaces. Therefore, the 79 parking spaces on site can meet the parking demand even when the building is fully occupied. - 5 - 1 Recommendation & Findings of Fact Petition 45-21 October 4,2021 The applicant has agreed not to allow a third sit-down restaurant in the building. Such third restaurant would not have a drive-through pick-up window, and therefore the additional parking demand would be larger than what the site can accommodate. Carry-out restaurants would be allowed because they have a low parking demand because customers generally make orders via telephone or online and are parked on-site only briefly to pick up the order. The required departure is summarized in Table 1 below and is further described in Planned Development Departures and Exceptions section of the staff report further below. Table 1.Detail of the Parking Departures for 400 S. Randall Road Requirement Proposal Parking requirement for the building with existing tenants (Oberweis Dairy, 88 79 Jimmy John's, Enterprise Rental Car, and H&R Block) Parking requirement for the building with 92 79 existing tenants and tutoring center Parking requirement for the building with existing tenants and tutoring center, and 116 79 if vacant tenant spaces are occupied with general office or retail uses Parking requirement for the building if actual parking demand of the building is applied, 56 79 with the tutoring center, and if vacant tenant spaces are occupied - 6- Recommendation & Findings of Fact Petition 45-21 October 4, 2021 with general office or retail uses The Community Development Department offers the following additional information: A. Property History. The subject property was annexed in 1990 and zoned B3 service Business District upon annexation. In 1992,the property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. In 1995, the property was platted as Lot 15 part of Stacey Enos Subdivision. The existing multi-tenant 14,318-square foot building on the property with the accessory parking lot was completed in 1998. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. B. Surrounding Land Use and Zoning. The properties to the west, north and east are also zoned AB Area Business District or PAB Planned Area Business District. The property to the west is improved with a one-story building home to daycare care facility. The property adjacent to the north is amulti-tenant commercial building home to Merlin Complete Auto Care, a motor vehicle repair shop, and Batteries Plus retail store. The property to the east is improved with a one-story commercial building home to Tuffy Auto Service, another motor vehicle repair shop. The property adjacent to the south is zoned PCF Planned Community Facility District, and is the site of the proposed 4-story, 151-unit senior-living facility approved by the City Council in January of 2021. The construction of the senior- living facility is expected to commence in spring 2022. 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 AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population.AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC 1 center city district. E. Trend of Development. The subject property is located along Randall Road commercial corridor. Over the last 20 years, Randall Road has developed into City's primary commercial retail corridor with wide range of retail and service uses serving city residents. Due to its high volume of traffic as Kane County's primary arterial road, the uses along - 7- Recommendation & Findings of Fact Petition 45-21 October 4,2021 Randall Road also provide services to residents from other surrounding communities.Most developments along Randall Road are auto oriented with surface parking lots in front of small and large one-story commercial buildings. Typical uses include fast-food, fast- casual, and sit-down restaurants, general retail stores, and motor-vehicles service stations and repair shops. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 45-21 on October 4, 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 October 4,2021. 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 1.6-acre property is improved with a 14,318- square foot multiple-tenant commercial building and accessory parking lot with 79 parking stalls. The applicant is proposing to establish a tutoring center in an existing vacant tenant space in rear of the building.No changes are proposed to the exterior of the building or the site.No existing site features including topography,watercourses,vegetation,and property improvements exist that would have a negative impact on the proposed use. B. Sewer and Water Standard. The suitability of the subject property for the planned development with respect to the availability of adequate Municipal water, wastewater treatment and stormwater control facilities. Findings. The subject property is suitable for the intended planned development with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems. The applicant is not proposing to make any changes to the existing sewer and water facilities. The existing facilities can adequately - 8 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 serve the existing building and the proposed use. 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 property fronts on S. Randall Road,however, no direct access to S. Randall Road exists on the property. The vehicular access to the property is located in the rear from South Street. The property includes a surface parking lot in front(east)of the building and in rear(west)of the building with a total of 79 parking spaces.The two end units on the north and south sides of the building include drive-through service lanes with pick-up windows. The applicant is not proposing any changes to the existing site configuration. The property functions with safe and efficient on-site circulation.The proposal will not have any negative effect on the existing traffic circulation on the property or in the immediate the area. The applicant is requesting approval of the planned development with a departure from the parking requirement to allow the establishment of the tutoring center, and any other permitted or conditional use allowed in the AB District in the future, except for sit-down restaurants, in the remaining vacant spaces in the building. The proposed tutoring center is required to provide one parking space per employee, plus one parking space per ten seats in the largest classroom. With the maximum of seven employees and 18 students,the proposed tutoring center is required to have a minimum of nine parking spaces. With the proposed tutoring center and the four existing tenant spaces in the building (Oberweis Dairy, Jimmy John's, Enterprise Car Rental, and H&R Block), the property is required to have a minimum of 92 parking spaces. With 79 parking spaces on site, the property does not meet the parking requirement. If the other existing vacant spaces are occupied with general office or retail uses that require one parking space per -9- Recommendation & Findings of Fact Petition 45-21 October 4, 2021 250 square feet of floor area, the entire building would be required to have 116 parking spaces. The applicant is requesting approval of the planned development with a departure from the parking requirement because the actual parking demand of the building with current tenants is far less than the parking requirement. The high parking requirement is largely due to the two restaurants, Oberweis Dairy and Jimmy John's, which are required to have 30 parking spaces each. However, during the restaurants' peak parking demand hours during lunch time on weekdays, only 20 parking spaces are typically occupied. The peak parking demand for the building actually happens during the weekday afternoon peak hour between 5 p.m. and 6 p.m when only 23 parking spaces are occupied. This represents only 26 per cent of the current zoning ordinance parking requirement for the building. The two restaurants experience a far lower parking demand than the standard sit-down restaurants because each restaurant has a drive-through pick-up window. Most restaurants' sales occur through the drive-through pick-up windows. If the actual parking demand is applied as the parking requirement for the building with current tenants, and the remainder of the building is occupied by the tutoring center and general office or retail uses, the building's parking requirement would be 56 parking spaces. Therefore, the 79 parking spaces on site can meet the parking demand even when the building is fully occupied. It is worth noting that an additional sit-down restaurant would not be allowed within the building. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed in 1990 and zoned B3 service Business District upon annexation. In 1992, the property was rezoned to AB Area Business District as part of the comprehensive amendment to the zoning ordinance. In 1995, the property was platted as Lot 15 part of Stacey Enos Subdivision.The existing multi-tenant 14,318-square foot building on the property with the accessory parking lot was completed in 1998. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. 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. - 10- Recommendation & Findings of Fact Petition 45-21 October 4, 2021 Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning.The properties to the west, north and east are also zoned AB Area Business District or PAB Planned Area Business District. The property to the west is improved with a one-story building home to daycare care facility. The property adjacent to the north is a multi-tenant commercial building home to Merlin Complete Auto Care, a motor vehicle repair shop, and Batteries Plus retail store.The property to the east is improved with a one-story commercial building home to Tuffy Auto Service, another motor vehicle repair shop. The property adjacent to the south is zoned PCF Planned Community Facility District,and is the site of the proposed 4-story, 151-unit senior-living facility approved by the City Council in January of 2021. The construction of the senior-living facility is expected to commence in spring 2022. 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 Randall Road commercial corridor. Over the last 20 years, Randall Road has developed into City's primary commercial retail corridor with wide range of retail and service uses serving city residents. Due to its high volume of traffic as Kane County's primary arterial road, the uses along Randall Road also provide services to residents from other surrounding communities.Most developments along Randall Road are auto oriented with surface parking lots in front of small and large one-story commercial buildings. Typical uses include fast-food, fast- casual, and sit-down restaurants, general retail stores, and motor-vehicles service stations 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. 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 - 11 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 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 establishment of the tutoring center and any other permitted or conditional use allowed in the AB district in the future, except for an additional sit-down restaurant, without the need to provide additional parking spaces. The existing multi-tenant building with 79 parking spaces was completed in 1998. The property is fully improved with no room to construct additional parking spaces. The applicant has demonstrated that the actual peak parking demand for the building with current tenants including the two restaurants, which have the largest parking requirement, is far less than the zoning ordinance requirement because the majority of sales at each restaurant take place through the drive-through pick-up windows. There is adequate number of parking spaces to meet the need of building tenants, even when the existing vacant tenant spaces are filled.The applicant has agreed to the restriction that no additional sit-down restaurants would be permitted within the building,because the parking needs of a restaurant without a drive-through pick-up window would be larger than the number of on-site parking spaces. 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 1.6-acre property improved with a 15,233- square foot multiple-tenant building and accessory parking lot with 79 parking spaces.The applicant is proposing to occupy an existing vacant tenant space within the building with - 12 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 no proposed changes to the exterior of the building or the site. There are no significant natural features on the property, including topography, watercourses, wetlands, and vegetation. 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 subject property is fully improved with an existing multiple-tenant building and accessory parking lot.The applicant is not proposing any changes to the exterior of the building or the site. The applicant is requesting approval of a planned development with a departure from the parking requirement to allow the establishment of the tutoring center and any other permitted or conditional use allowed in the AB district in the future, except for another sit-down restaurant, without the need to construct additional parking. There is no room on site to construction additional parking,and the applicant has demonstrated that the existing parking lot can meet the needs of existing and any future tenants. The proposal would allow the property owner to lease the building to any permitted or conditional use allowed in the AB district without any negative impact on the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departure from the requirements of the zoning ordinance: 1. Section 19.45.070, "Table of Required Parking". The existing multiple-tenant building is required to provide 92 parking spaces with the proposed tutoring center, and a minimum 116 parking spaces if other vacant tenant spaces in the building are occupied with any permitted or conditional use allowed in the AB district, except for another sit-down restaurant. The applicant is proposing 79 parking spaces. Staff fmds the proposed departure is reasonable and necessary to allow for future occupancies with an existing commercial building. The applicant has demonstrated that the current peak parking demand is far less than the zoning ordinance parking requirement for the building because most sales at the two restaurants come from the drive-through pick-up windows. When the actual parking demand (23 occupied stalls during the peak time) is applied to the existing building instead of the regulatory parking requirement, the property currently has a surplus of parking. If the actual parking demand is used as the parking requirement for the existing building,and with the addition of the proposed tutoring - 13 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 center and the establishment of any permitted or conditional use allowed in the AB district,except for a sit-down restaurant, the parking requirement for the fully occupied building would be 56 parking spaces. With 79 parking spaces on site,the property can adequately meet its future parking needs. The applicant has agreed not to allow an additional sit-down restaurant within the building, because a true sit-down restaurant without a drive-through pick-up window would have a larger parking demand than the requirement for one parking space per 250 square feet of floor area,which is applicable to most other general office and retail uses. 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 existingimprovements. The 1.6-acre roe is improved with a 15 233-s uare foot p property rty P � q multiple-tenant commercial building and accessory parking lot with 79 parking stalls. The applicant is proposing to establish a tutoring center in an existing vacant tenant space in rear of the building.No changes are proposed to the exterior of the building or the site.No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed use. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The existing building on the property is currently served by municipal water, sanitary sewer, and stormwater systems.The applicant is not proposing to make any changes to the existing sewer and water facilities.The existing facilities can adequately serve the existing building and the proposed use. 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 - 14 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 minimize traffic congestion. The property fronts on S. Randall Road, however, no direct access to S. Randall Road exists on the property. The vehicular access to the property is located in the rear from South Street. The property includes a surface parking lot in front (east) of the building and in rear(west) of the building with a total of 79 parking spaces. The two end units on the north and south sides of the building include drive-through service lanes with pick-up windows. The applicant is not proposing any changes to the existing site configuration. The property functions with safe and efficient on-site circulation. The proposal will not have any negative effect on the existing traffic circulation on the property or in the immediate the area. The applicant is requesting approval of the planned development with a departure from the parking requirement to allow the establishment of the tutoring center, and any other permitted or conditional use allowed in the AB District in the future, except for sit-down restaurants, in the remaining vacant spaces in the building. The proposed tutoring center is required to provide one parking space per employee, plus one parking space per ten seats in the largest classroom. With the maximum of seven employees and 18 students,the proposed tutoring center is required to have a minimum of nine parking spaces. With the proposed tutoring center and the four existing tenant spaces in the building (Oberweis Dairy, Jimmy John's, Enterprise Car Rental, and H&R Block), the property is required to have a minimum of 92 parking spaces. With 79 parking spaces on site, the property does not meet the parking requirement. If the other existing vacant spaces are occupied with general office or retail uses that require one parking space per 250 square feet of floor area, the entire building would be required to have 116 parking spaces. The applicant is requesting approval of the planned development with a departure from the parking requirement because the actual parking demand of the building with current tenants is far less than the parking requirement. The high parking requirement is largely due to the two restaurants, Oberweis Dairy and Jimmy John's, which are required to have 30 parking spaces each. However, during the restaurants' peak parking demand hours during lunch time on weekdays, only 20 parking spaces are typically occupied. The peak parking demand for the building actually happens during the weekday afternoon peak hour between 5 p.m. and 6 p.m when only 23 parking spaces are occupied. This represents only 26 per cent of the current zoning ordinance parking requirement for the building. The two restaurants experience a far lower parking demand than the standard sit-down restaurants because each restaurant has a drive-through pick-up window. Most restaurants' sales occur through the drive-through pick-up windows. If the actual parking demand is applied as the parking requirement for the building with current tenants, and the remainder of the building is occupied by the tutoring center and - 15 - Recommendation & Findings of Fact Petition 45-21 October 4, 2021 general office or retail uses, the building's parking requirement would be 56 parking spaces. Therefore, the 79 parking spaces on site can meet the parking demand even when the building is fully occupied. It is worth noting that an additional sit-down restaurant would not be allowed within the building. 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 to establish the tutoring center with the vacant tenant space in rear of the building. The applicant is not proposing any exterior changes to the building or the site.The applicant is also requesting approval of a planned development with a departure from the parking requirement to establish the proposed tutoring center and any other permitted or conditional use allowed in the AB district in the future, except for additional sit-down restaurants. The applicant has demonstrated the existing peak parking demand is far less than the zoning ordinance parking requirement,because the majority of the sales at the two restaurants come from the drive-through pick-up window. As a result the existing parking lot can meet the parking demand of the building with the proposed tutoring center and if/when the other vacant tenant spaces are occupied by any of the permitted or conditional uses allowed in the AB district, except for a sit-down restaurant. The proposal would allow the existing building to achieve full occupancy without the need for additional parking. The proposal would not have any negative effect on the existing tenants within the building or on any surrounding properties or uses. 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 45-21, subject to the following conditions: - 16- Recommendation &Findings of Fact Petition 45-21 October 4, 2021 1. Substantial conformance to the Development Application submitted by Kelly Olsen- Guyant, as applicant, and Micromont Holdings 8 LLC, as property owner received September 13,2021, and supporting documents including: a. Conditional Use Statement of Purpose and Conformance letter, prepared by Kelly Olsen-Guyant,dated September 8, 2021; b. ALTA/ACSM Land Title Survey, prepared by Bledsoe Riggert Guerrettaz Land Surveying,dated August 20,2014; c. Building Floor Plan,prepared by Robert B. Drews Associates, Inc., dated October 23, 1997, dated received September 12, 2021, with such further revisions as required by the Community Development Director; and d. Undated 3-page floor plans for the proposed tutoring center,dated received September 12, 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 establishment of the proposed tutoring center and the establishment of any other use classified as a permitted use in the AB Area Business District, except for an "Eating Place (5812)"not located within end units Suite A or Suite H, which include drive-through pick-up windows, provided a minimum of 79 parking spaces are located on the Subject Property. Notwithstanding the requirements of Section 19.65.020 "Authority", and Section 19.65.060 "Procedures" of Chapter 19.65 Conditional Uses of the Elgin Municipal Code 1976,as amended,any use classified as a conditional use in the AB Area Business District shall not be required to provide any off-street parking spaces, provided a minimum of 79 parking spaces are located on the Subject Property. 3. 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 five(5)yes,zero(0)no, and zero (0)abstentions. Two members were absent. Respectfully Submitted, s/Jay Cox - 17 - Recommendation& Findings of Fact Petition 45-21 October 4,2021 Jay Cox, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission - 18 - . — 1.!.. .- '` E 9. EI C 1 9 1 a; a) I J • 13 i U 'C G ahv. ' CIf' r r r , Eo 11 f J 'i �f r s r i .�-- ....i..---- - ... ... . . f,_ ,,,,, , , . . . . 1...,_____ • t... _. ,_41t V .I 'ai 4' 6 ' bile i ... y 1. Subject Propertyii !. j i ; Petition 45-21 T' ._ C-eSI NiAlviiiiffilik 7 . 0 /'f`: 111 , i ) :,,..._ .,.: ‘. . ,.� t . 1 r dr .•s �° M �1 O K 1 ,. .. . ,, . , . „ .,. , .. YA: j4• 1 i. N - .t w is .. ..,.; ,, . ..._ ....„ . ,, ... . ...,......„ ._,, ..,,, . _.4r ... .,, . ... ... ,.. 4 4 .- • ... • ,:i., ,, - nt.K-' -' .. I t;.14 i ` F t• . . h. • • t `i. t EXHIBITA Aerial/Location Map AA W H E S 0 Map prepared by City of Elgin 0 as so 180 270 36 Feet Department of Community Development We eRe r �e. O� i k ��a VD c Le AB . Subject Property : Petition 45-21 a . m UM SFR2 , , Legend PAB PMFR GIS.DBO.StreetCenterlinesKane QRC1 Residence Conservation 1 - RC2 Residence Conservation 2 ORC3 Residence Conservation 3 OPRC Planned Residence Conservation • - - - O SFR1 Single Family Residence 1 Q PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 .. O PSFR2 Planned Single Family Residence 2 OTRF Two Family Residence O PTRF Planned Two Family Residence O MFR Multiple Family Residence O YY�1 PMFR Planned Multiple Family Residence 2 (�,S�f`(,�.=j� ORB Residence Business OPRB Planned Residential Business NB Neighborhood Business ®PNB Planned Neighborhood Business - - _ LL - . . AB Area Business NEPAB Planned Area Business -CC1 Center City 1 ' t. -CC2 Center City 2 CI -PCC Planned Center City j SaF Es ORI Office Research Industrial = 01 PORI Planned Office Research Industrial y IIIGI General Industrial 01 d:- -PGI Planned General Industrial 00 -CI Commercial Industrial BPS FR2 a e Ott 111 -CF Community Facility I I I _ —otter��e"\ \ pAB -PCF Planned Community Facility Cape Cod Cir NE RC1 EXHIBITS Zoning Map A" W+E S Map prepared by City of Elgin 0 80 160 320 480 640 Feet Department of Community Development 50 Subject Property • 400 S. Randall Rd. Petition 45-21 cr a 0621151010 EXHIBITC Parcel Map City of Elgin 0 20 40 80 120 160 Department of Community Development Feet EXHIBIT D SITE LOCATION 400 S. Randall Road Petition 45-21 L ,h . 4 „r rl__ 44 it _,-- .. _; fir"c .�� 9 .,(r • �. —_ t.� 4111 t. f til• •—'air ..... 1 '' 1 4 . , ' i 4.- - # 7 .r L, ....,,r T_ ....,.;re- ...,„. .. f y rmr, ... 4. ill ii ,,,.„ Sub.-ct Propert . .. .. R` t•...,.!._-. • .d .P' t 4 . t y:, i V Bird's eye view looking north ,t - ! .i 3 i.�.. n, ,:tom ' , ''•. i 1 SD . :. ' '''-'' ' '/ z i' '•-•r1 ir . , . _ I . : r- ., ,-77:7; ,,,,::,:',,,,%,,.' ..!.'ifF.-C'. -'1-11, :r1, .4-' I - f f• 'Y' r k • Site area map with zoning overlay EXHIBIT D SITE LOCATION 400 S. Randall Road Petition 45-21 / _ - - -,. -, --1-- . - .. . pot_ _ -... ,_ ,....._ _ ., _„, , _ 4„,, ,.., : / , ---:-.., :- Zee'''''''-41'7' I a I 1 ,. t _v__ Google . Front elevation of the building along Randall Road jffiallgligifiglig .'-r `po _ -- Pi .; „mil, iliog.- Google Rear elevation of the building with entrance to future Tutoring Center EXHIBIT D SITE LOCATION 400 S. Randall Road Petition 45-21 / /// iw h ' r ice-- Ap Millkillr'- ..._ t_ 1s► - _ Google r" C. Northeast corner of the building 1 11t1/1/1////111:E r �1` , 6: 1 4w:41W/A -, ,,,,,,, t CI N _ Google Northwest corner of the building 3