HomeMy WebLinkAboutG27-24 Ordinance No. G27-24
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
(299 South Randall Road)
WHEREAS, written application has been made requesting conditional use approval for a
planned development to construct building and site improvements with certain departures from the
Elgin zoning ordinance at 299 South Randall Road; and
WHEREAS, the zoning lot containing the premises at 299 South Randall Road is legally
described herein(the "Subject Property"); and
WHEREAS, the Subject Property contains less than two (2) acres of land, and is located
within the AB Area Business District and ARC Arterial Road Corridor Overlay District, and
WHEREAS, a planned development on a zoning lot containing less than two (2) acres of
land is listed as a conditional use within the AB Area Business District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on April 1, 2024, 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 in their
Findings of Fact; 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 April 1, 2024, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a planned development to construct building and
site improvements with certain departures from the Elgin zoning ordinance is hereby granted for
the property commonly known as 299 South Randall Road, and commonly identified by Kane
County Property Index Number 06-21-101-037, and legally described as follows:
That part of the Northwest 1/4 of Section 21,Township 41 North,Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the intersection of the West line
of Edgewood Street,being the West line of Walter G. McIntosh and Company's Fox River
acres, with North line of South Street, as established by deed recorded February 18, 1965
as Document 1040511; thence South 88 degrees 17 minutes 45 seconds West along said
North line of South Street 950.48 feet to a point in the Easterly line of Randall Road said
point being the point of beginning; thence North 07 degrees 13 minutes 41 seconds East
for a distance of 301.394 feet along said Easterly line;thence North 82 degrees 50 minutes
22 seconds East a distance of 175.67 feet;thence South 00 degrees 00 minutes 00 seconds
West a distance of 124.00 feet;thence South 05 degrees 54 minutes 04 seconds West for a
distance of 101.39 feet;thence South 01 degrees 42 minutes 15 seconds West for a distance
of 90.00 feet to a point in said North line of South Street; thence South 88 degrees 17
minutes 45 seconds West along said North line a distance of 204.56 feet to the point of
beginning, in the City of Elgin, Kane County, Illinois.
(commonly known as 299 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 Cave
Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner,
received February 13, 2024, and supporting documents including:
a. Statement of Purpose and Conformance letter,prepared by Excel Engineering, Inc.,
dated February 5, 2024;
b. ALTA/NSPS Land Title Survey,prepared by Excel Engineering, Inc., dated May 9,
2023;
c. Undated architectural plans, including Sheets SP-1-0, DM-1, A-1, A-3, A-4, A-4.1,
prepared by MRV Architects,Inc.,dated received March 15,2024,last revised April
5, 2024, with such further revisions as required by the Community Development
Director;
d. Undated color elevations, prepared by MRV Architects, Inc., dated received March
15, 2024, with such further revisions as required by the Community Development
Director;
2
e. Final Engineering Plans Proposed Burger King Store #8149 for Cave Enterprises
299 S. Randall Rd, Elgin, IL 60123, dated March 15, 2024, last revised March 15,
2024, with such further revisions as required by the City Engineer; and
f. Undated sign plans, prepared by Entera, dated received March 15, 2024, with such
further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A departure is hereby granted to construct two side-by-side,drive-through service lanes
with the minimum stacking lane width of eleven(11) feet each.
3. A departure is hereby granted to allow the installation of four(4) wall graphics on the
building in substantial conformance to the Undated sign plans, prepared by Entera,
dated received March 15, 2024, with such further revisions as required by the
Community Development Director.
4. A departure is hereby granted to allow the installation of a canopy graphic on top of a
canopy on the north side of the building.
5. A departure is hereby granted to allow the establishment of an eating place on the
Subject Property, without the requirement to provide additional parking spaces,
provided a minimum of thirty-eight (38) parking spaces are located on the Subject
Property.
6. A departure is hereby granted to allow the construction of a vehicle use area with the
minimum vehicle use area interior landscape yard of 1,100 square feet.
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. Kaptai , or
3
Presented: May 22 2024
Passed: May 22 2024
Omnibus Vote: Yeas: S Nays 0 ; • \ �
Recorded: May 22 2024 �---
Published: May 22 2024
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EXHIBIT A
April 1, 2024
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written fmdings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 03-24, an application by
Cave Enterprises Operations, LLC, as applicant,and JHGV, LLC., as property owner, requesting
approval of a planned development as a conditional use with departures from the Elgin Municipal
Code requirements for the width of a drive-through service lane, the maximum number of wall
graphics, the location of a wall graphic on a canopy, the minimum vehicle use area interior
landscape yard, and any other departures as may be necessary or desirable,to construct a second,
side-by-side drive-through service lane with other site and building improvements at the existing
Burger King restaurant at the property commonly referred to as 299 S. Randall Road.
GENERAL INFORMATION
Petition Number: 03-24
Property Location: 299 S. Randall Road
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: Eating place(restaurant)
Proposed Use: No change. Eating place(restaurant)
Applicant: John Kayser/Cave Enterprises Operations,LLC
Recommendation & Findings of Fact
Petition 03-24
April 1, 2024
Owner JHGV,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
Cave Enterprises Operations, LLC, as applicant, and JHGV, LLC., as property owner, are
requesting approval of a planned development as a conditional use with departures from the Elgin
Municipal Code requirements for the width of a drive-through service lane,the maximum number
of wall graphics,the location of a wall graphic on a canopy,the minimum vehicle use area interior
landscape yard, and any other departures as may be necessary or desirable,to construct a second,
side-by-side drive-through service lane with other site and building improvements at the existing
Burger King restaurant at the property commonly referred to as 299 S. Randall Road.
The 1.23-acre subject property,zoned AB Area Business District and ARC Arterial Road Corridor
Overlay District, is located at the northeast corner of S. Randall Road and South Street. The
property is improved with a 3,178-square foot Burger King restaurant with a single-drive drive-
through service lane with a pick-up window on the south side of the building. The property
includes 39 parking spaces within the parking lot north of the building. The access to the parking
lot is from a private north-south drive located east of and adjacent to the property,which is known
as Randall Lake Crossing.Otter Creek transverses over the northern portion of the property and as
a result the majority of the property is in a wetland.
The property is surrounded by AB- or PAB-zoned properties on the north, west, and south sides.
The property adjacent to the north is improved with a 9,421-square foot multi-tenant retail building
home to Subway restaurant and T-Mobile retail store among others. The property to the west,
across Randall Road, is improved with a multi-building and multi-tenant Otter Creek Shopping
Center home to Target big box store,and several free-standing commercial buildings including the
KFC and Steak`n Shake restaurants and Chase Bank.The property to the south across South Street
is improved with a 6,516-square foot commercial building home to First Federal Savings Bank.
The property to the east across the private drive known as Randall Lake Crossing is zoned MFR
-2 -
Recommendation & Findings of Fact
Petition 03-24
April 1, 2024
Multiple Family Residence District and is improved with a multi-family residential building.
Subject Property N
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Figure 1.Site area map with zoning overlay
Proposal
The owner and operator of the existing Burger King restaurant is proposing to renovate the
restaurant building and add a second, side-by-side, drive-through service lane. The improvements
are proposed to bring the restaurant in compliance with the current corporate restaurant prototype.
The size of the 3,178-square foot restaurant building would not change.The applicant is proposing
to eliminate the outdoor seating area in the front of the building and replace it with a second drive-
through service lane. To maintain the existing perimeter of the parking lot and accommodate the
new drive-through service lane,the width of both drive-through lanes would be 11 feet wide,which
is one foot less than the minimum 12-foot required by the zoning ordinance. The narrower-than
required drive-through lane is one of several departures requested,which are summarized in Table
1 further below.
-3 -
Recommendation & Findings of Fact
Petition 03-24
April 1,2024
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Figure 2. Existing area map(left)and the proposed landscape plan(right)
The building improvements include the upgrades to the exterior elevations. The applicant would
add additional brick and fiber cement cladding on all elevations, and new canopies above doors
and windows. The entire building would be painted to match the new corporate prototype. The
south side of the building would continue to have three (3) pay/pick-up windows. The applicant
has agreed to remove the two existing free-standing signs, including the pylon sign along Randall
Road. Instead,the applicant would install one new compliant monument sign along Randall Road.
Other site improvements include the construction of a masonry refuse collection area enclosure to
match the exterior of the building,new landscaping throughout the site, and new outdoor lighting.
The applicant is also requesting to have four wall graphics on three sides of the building (north,
west,and south sides) instead of the maximum of two wall signs allowed by the zoning ordinance,
which could be installed on two different sides. This is similar to other fast casual or quick serve
restaurants which have most recently been approved to have more than two wall graphics,
including the Burger King and Culver's restaurant on N. McLean Boulevard, and Popeye's and
Starbuck's restaurants along Randall Road, among others.
-4-
Recommendation & Findings of Fact
Petition 03-24
April 1,2024
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Figure 3. Proposed elevations.
To meet the minimum standards for outdoor lighting, the applicant is proposing to add one new
parking lot light pole within a new landscape island near the middle of the parking lot. The
installation of the landscape island, which provides a desirable break of the large pavement area
and introduces some landscaping, also results in the loss of one parking space.
The restaurant is required to have one parking space per 60 square feet of building floor area.With
3,178 square feet,the restaurant is required to have 53 parking spaces. With 39 parking spaces on
site, the restaurant does not meet the parking requirement. The applicant is proposing 38 parking
spaces on site following the proposed renovations, which would increase the existing
nonconformity regarding parking.
To demonstrate that the property has adequate parking,the applicant conducted parking counts on
a typical Friday, Saturday, and Sunday which coincide with restaurant's busiest times. During
those times,the applicant observed the most parking spaces occupied on a Saturday midday when
at most 32 parking spaces were occupied. With the proposed 38 parking spaces on site, this still
leaves six parking spaces available(15 percent open).As such,the loss of the one existing parking
space for the new landscape island with a new parking lot light fixture will not have any negative
effect on the parking situation on the property and the proposed 38 parking spaces will continue
to adequately serve the property.
-5 -
Recommendation &Findings of Fact
Petition 03-24
April 1,2024
It is worth noting that the addition of the second side-by-side drive-through lane is expected to
further increase the amount of business transactions through the drive-through service. This will
result in less patrons choosing or needing to park on site to pick up the food or to eat inside the
restaurant,which will further reduce the parking demand on the property.
As the property is less than two acres in size, the applicant is requesting approval of a planned
development as a conditional use to allow for the departures from the zoning ordinance
requirements. The required departures are listed in Table 1 below and are further described in
Planned Development Departures and Exceptions section of the staff report further below.
Table 1. Detail of Departures for 299 S. Randall Road
Requirement Proposal
Width of a drive- Min. 12 feet 11 feet
through stacking lane
Number of wall Max. 2 4
graphics
Location of a wall On the face of building or 1 sign on top of a canopy
graphic canopy
Parking spaces 53 38
Vehicle use area Min. 1,370 sq. ft. (5%of Aprox. 1,102 sq. ft. (4%of total
interior landscape total vehicle use area) vehicle use area)
yard
The Community Development Department offers the following additional information:
A. Property History. The subject property was annexed in 1974. Upon annexation the
property was zoned B3 Service Business District. In 1992,the property was rezoned to AB
Business District as part of the comprehensive amendment to the zoning ordinance. In
2001, the property became part of the ARC Arterial Road Corridor Overlay District.
The existing building was constructed in 1993.
B. Surrounding Land Use and Zoning. The property is surrounded by AB- or PAB-zoned
properties on the north, west, and south sides. The property adjacent to the north is
improved with a 9,421-square foot multi-tenant retail building home to Subway restaurant
and T-Mobile retail store among others. The property to the west, across Randall Road, is
improved with a multi-building and multi-tenant Otter Creek Shopping Center home to
Target big box store, and several free-standing commercial buildings including the KFC
and Steak `n Shake restaurants and Chase Bank. The property to the south across South
Street is improved with a 6,516-square foot commercial building home to First Federal
-6-
Recommendation& Findings of Fact
Petition 03-24
April 1, 2024
Savings Bank. The property to the east across the private drive known as Randall Lake
Crossing is zoned MFR Multiple Family Residence District and is improved with a multi-
family residential building.
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 CC1 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 the 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.
FINDINGS
After due notice as required by law, the Planning and Zoning Commission conducted a public
hearing in consideration of Petition 03-24 on April 1,2024.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 April 1, 2024.
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:
-7 -
Recommendation & Findings of Fact
Petition 03-24
April 1,2024
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 1.23-acre property is improved with a one-
story 3,178-square foot commercial building occupied by a restaurant which also has a
drive-through service lane. The applicant is proposing minor site changes to eliminate the
existing outdoor seating area and instead replace it with a second, side-by-side drive-
through service lane. Otter Creek transverses over the northern portion of the property and
as a result the majority of the property is located within a wetland. The applicant is
proposing only a minimal increase to the impervious area on the property.No existing site
features including topography,watercourses,vegetation, and property improvements exist
that would have a negative impact on the proposed building and site improvements.
B. Sewer and Water Standard. The suitability of the subject property for the planned
development with respect to the availability of adequate Municipal water, wastewater
treatment and stormwater control facilities.
Findings. The subject property is suitable for the intended planned development with
respect to the availability of adequate water, sanitary treatment, and storm water control
facilities. The existing building on the property is currently served by municipal water,
sanitary sewer, and stormwater systems. The applicant is not proposing to add any new
water or sewer fixtures, so the existing water and sewer utilities would remain. Similarly,
the proposed addition of the second drive-through lane results in minimal additional
impervious area. The applicant is not required to provide any additional stormwater
detention.The existing sewer and water facilities can adequately serve the existing use with
the proposed improvements.
C. Traffic and Parking Standard. The suitability of the subject property for the planned
development with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
1. Nonresidential land uses should be located central and accessible to the area or
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
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Recommendation & Findings of Fact
Petition 03-24
April 1,2024
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 includes a surface parking lot with
39 parking spaces. Vehicular access to the property is from the adjacent private drive
known as Randall Lake Crossing located east of the property. The applicant is not
proposing any changes to the existing access driveway. The property functions with safe
and efficient on-site and off-site traffic circulation. The proposed addition of the 2nd side-
by-side drive-through service lane will not have any negative effect on the existing onsite
traffic circulation.
The restaurant is required to have one parking space per 60 square feet of building floor
area. With 3,178 square feet,the restaurant is required to have 53 parking spaces. With 39
parking spaces on site,the restaurant does not meet the parking requirement.The applicant
is proposing 38 parking spaces on site following the proposed renovations, which would
increase the existing nonconformity regarding parking.
To demonstrate that the property still has adequate parking, the applicant conducted
parking counts on a random Friday,Saturday,and Sunday which coincide with restaurant's
busiest times. During those times, the applicant observed at most 32 parking spaces
occupied on a Saturday midday.This still leaves six parking spaces(15 percent) available.
As such,the loss of the one existing parking space for the new landscape island with a new
parking lot light fixture will not have any negative effect on the parking situation on the
property and the proposed 38 parking spaces will continue to adequately serve the property.
It is worth noting that the addition of the second side-by-side drive-through lane is expected
to further increase the number of business transactions through the drive-through service.
This will result in less customers choosing to park on site to eat inside the restaurant,which
will further reduce the parking demand on the property.
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 1974. Upon annexation the property was
zoned B3 Service Business District. In 1992, the property was rezoned to AB Business
District as part of the comprehensive amendment to the zoning ordinance. In 2001, the
property became part of the ARC Arterial Road Corridor Overlay District.
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Recommendation & Findings of Fact
Petition 03-24
April 1, 2024
The existing building was constructed in 1993.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The property is suitable for the intended planned development with respect to
consistency and compatibility with surrounding land uses and zoning. The property is
surrounded by AB- or PAB-zoned properties on the north, west, and south sides. The
property adjacent to the north is improved with a 9,421-square foot multi-tenant retail
building home to Subway restaurant and T-Mobile retail store among others.The property
to the west,across Randall Road,is improved with a multi-building and multi-tenant Otter
Creek Shopping Center home to Target big box store,and several free-standing commercial
buildings including the KFC and Steak`n Shake restaurants and Chase Bank.The property
to the south across South Street is improved with a 6,516-square foot commercial building
home to First Federal Savings Bank.The property to the east across the private drive known
as Randall Lake Crossing is zoned MFR Multiple Family Residence District and is
improved with a multi-family residential building.
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 the 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.
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Recommendation & Findings of Fact
Petition 03-24
April 1,2024
H. Comprehensive Plan Standard. The suitability of the subject property for the planned
development with respect to conformance to the goals, objectives, and policies of the
Official Comprehensive Plan
Findings. The subject property is suitable for the intended planned development with
respect to conformance to the goals,objectives,and policies of the Official Comprehensive
Plan. The subject property is designated as Corridor Commercial by the City's 2018
Comprehensive Plan. Located along the City's heavily traveled corridors and intersection,
Corridor Commercial areas provide retail services to both local and regional consumer
bases. These areas contain a mix of retail from large community centers with multiple
tenants to smaller stand-along businesses. Corridor Commercial areas are the most widely
accommodating and ranging commercial areas within the city. Corridor Commercial areas
are auto-oriented by nature but should also be enhanced to be pedestrian-friendly.
Conditional Use for a Planned Development: Where applicable, the suitability of the
subject property for the intended conditional use for a planned development with respect
to the provision for the purpose and intent of planned developments and with respect to the
provisions of section 19.65.010 of the zoning ordinance.No conditional use for a planned
development should be granted for the sole purpose of introducing a land use not otherwise
permitted on the subject property.
Findings. The subject property is suitable for the intended conditional use for a planned
development with respect to the provision for the purpose and intent of planned
developments and with respect to the provisions of section 19.65.010 of the zoning
ordinance. The applicant is proposing a planned development as a conditional use to allow
for several departures from the requirements of the zoning ordinance. The 1.23-acre
property is less than two acres, which is necessary to establish a Planned Development
District. The proposed conditional use for a planned development would allow the
installation of the second drive-through service lane which does not meet the minimum
width requirement, and allow for several other departures from the site design and sign
regulations. However, the applicant would remove two non-conforming signs and install
one new code-compliant monument sign. The proposal would enhance the appearance of
the property with a positive effect on the surrounding properties.
J. Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the preservation of all significant natural features including topography,
watercourses, wetlands, and vegetation. The subject property is fully improved. Otter
Creek transverses across the northern portion of the property. As a result, the majority of
the property is within a wetland. The applicant is proposing only a small increase to the
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Recommendation&Findings of Fact
Petition 03-24
April 1,2024
impervious surface and is not required to provide additional stormwater detention. The
applicant would preserve all existing trees and install 11 eleven new shade trees and all
required perimeter landscaping.
K. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or
on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the land uses permitted within the development being located, designed, and
operated so as to exercise no undue detrimental influence on each other or on surrounding
properties. The hours of operation of the existing restaurant, which are similar to other
commercial uses in the area, would not change. The second drive-through lane will not
alter the existing on-site traffic circulation within the parking lot, and the applicant is not
proposing any changes to the existing vehicular access driveway to the private Randall
Lake Crossing. The proposed removal of the two non-conforming free-standing signs and
the installation of one new compliant monument sign would enhance the appearance of the
property. In addition, the improvements to the exterior of the restaurant building, new
landscaping, and new lighting will have a positive effect on the surrounding properties.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning
ordinance:
1. Sections 19.45.130, "On-site Circulation". The minimum required width of a stacking
lane is 12 feet. The applicant is proposing two 11-foot-wide drive-through service stacking
lanes.
2. Sections 19.50.080, "Wall and Integral Roof Graphics". The building is permitted a
maximum of two wall graphics, which can be installed on any side of the building. The
applicant is proposing a total of four wall/building graphics on three sides of the building.
3. Sections 19.50.090, "Special Street Graphics". A canopy graphic must be installed
entirely on the vertical face of the canopy. The applicant is proposing to install a sign on
top of a canopy.
4. Section 19.45.080, "Table of Required Parking". The restaurant is required to have 53
parking spaces based on the requirement for one parking space per 60 square feet of floor
area. The applicant is proposing 38 parking spaces.
5. Sections 19.12.720,"Landscape Yards". The property is required 1,370 square feet(5%
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Recommendation& Findings of Fact
Petition 03-24
April 1, 2024
of vehicle use area)of vehicle use area interior landscape yard. The applicant is proposing
1,102 square feet(4%)of vehicle use area interior landscape yard.
Staff finds the proposed departures are appropriate and necessary to improve the functionality of
the property and enhance its appearance.
Two side-by-side drive-through lanes have become a standard for quick-service restaurants in the
post-Covid-19 era. The narrower-than-required width of the two stacking lanes is the result of the
location of the existing drive-through service lane.The applicant is maintaining the existing drive-
through service lane and adding a second lane in place of the existing outdoor seating area between
the building and the existing drive-through lane.With 11 feet in width each,the two drive-through
service lanes can still function safely and efficiently.
The proposed wall graphics are necessary to match the current corporate standard. Wall signs on
three sides of the building is a departure that has been granted to several other similar quick service
restaurants, including the Burger King and Culver's restaurants on N. McLean Boulevard, and
Popeye's and Starbuck's restaurants along Randall Road. The new"Home of the Whopper" sign
sitting on the front canopy facing the parking lot is proposed to match the corporate image found
on other newer Burger King restaurants across the country.
The reduction of the on-site parking is the result of a desire to meet the minimum outdoor lighting
standards. To meet the minimum lighting standards, the applicant is proposing a new landscape
island with a new parking lot light fixture near the middle of the parking lot.This new island results
in the loss of one parking space on site. The applicant has, however, submitted observed parking
counts during the peak times for the restaurant. The parking observations show that during the
restaurant's busiest time there are still six parking spaces available (15% of the parking lot). As
such the proposed elimination of the one parking space will not have a detrimental effect on the
parking situation on the property.
The requested departure from the required vehicle use area interior landscape yard requirements
is largely the result of the existing site conditions. The property is fully improved with little room
to add additional interior landscape yard. The applicant is proposing to add one additional
landscape island for the new parking lot light fixture. An additional interior landscape yard is not
possible without negatively affecting the parking situation or the on-site traffic circulation.
Overall,the proposed building and site improvements will enhance the appearance of the building
and have a positive effect on the surrounding properties.
STANDARDS FOR CONDITIONAL USE
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
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Recommendation & Findings of Fact
Petition 03-24
April 1,2024
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 1.23-acre property is improved with a one-story 3,178-square
foot commercial building occupied by a restaurant which also has a drive-through service
lane. The applicant is proposing minor site changes to eliminate the existing outdoor
seating area and instead replace it with a second, side-by-side drive-through service lane.
Otter Creek transverses over the northern portion of the property and as a result the majority
of the property is located within a wetland. The applicant is proposing only a minimal
increase to the impervious area on the property. No existing site features including
topography,watercourses,vegetation, and property improvements exist that would have a
negative impact on the proposed building and site improvements.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The existing building on the property is currently served by municipal water, sanitary
sewer, and stormwater systems. The applicant is not proposing to add any new water or
sewer fixtures, so the existing water and sewer utilities would remain. Similarly, the
proposed addition of the second drive-through lane results in minimal additional
impervious area. The applicant is not required to provide any additional stormwater
detention.The existing sewer and water facilities can adequately serve the existing use with
the proposed improvements.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
conditional use with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended conditional use with respect to
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The property includes a surface parking lot with 39 parking
spaces. Vehicular access to the property is from the adjacent private drive known as
Randall Lake Crossing located east of the property. The applicant is not proposing any
changes to the existing access driveway.The property functions with safe and efficient on-
site and off-site traffic circulation. The proposed addition of the 2nd side-by-side drive-
through service lane will not have any negative effect on the existing onsite traffic
circulation.
The restaurant is required to have one parking space per 60 square feet of building floor
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Recommendation& Findings of Fact
Petition 03-24
April 1,2024
area. With 3,178 square feet,the restaurant is required to have 53 parking spaces. With 39
parking spaces on site,the restaurant does not meet the parking requirement.The applicant
is proposing 38 parking spaces on site following the proposed renovations, which would
increase the existing nonconformity regarding parking.
To demonstrate that the property still has adequate parking, the applicant conducted
parking counts on a random Friday,Saturday,and Sunday which coincide with restaurant's
busiest times. During those times, the applicant observed at most 32 parking spaces
occupied on a Saturday midday. This still leaves six parking spaces(15 percent) available.
As such,the loss of the one existing parking space for the new landscape island with a new
parking lot light fixture will not have any negative effect on the parking situation on the
property and the proposed 38 parking spaces will continue to adequately serve the property.
It is worth noting that the addition of the second side-by-side drive-through lane is expected
to further increase the number of business transactions through the drive-through service.
This will result in less customers choosing to park on site to eat inside the restaurant,which
will further reduce the parking demand on the property.
D. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and chapter.
Findings.The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance.
The applicant is proposing building and site improvements to increase the restaurant
efficiency and comply with corporate standards. The proposed site improvements will not
have a negative effect on the existing traffic circulation within the parking lot.No changes
are proposed to the restaurant's hours of operation,which are similar to other commercial
uses in the area. The requested departures are minimal accommodations necessary to
achieve the necessary site improvements. The applicant has agreed to remove the two
existing non-conforming signs. The proposed building and site renovations will enhance
the look of the property with a positive effect on all surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
Findings. This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
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Recommendation & Findings of Fact
Petition 03-24
April 1, 2024
RECOMMENDATION
The Community Development Department and the Planning and Zoning Commission recommend
approval of Petition 03-24, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Cave Enterprises
Operations,LLC,as applicant,and JHGV,LLC.,as property owner,received February 13,
2024, and supporting documents including:
a. Statement of Purpose and Conformance letter, prepared by Excel Engineering, Inc.,
dated February 5,2024;
b. ALTA/NSPS Land Title Survey, prepared by Excel Engineering, Inc., dated May 9,
2023;
c. Undated architectural plans, including Sheets SP-1-0, DM-1, A-1, A-3, A-4, A-4.1,
prepared by MRV Architects, Inc., dated received March 15, 2024, with such further
revisions as required by the Community Development Director;
d. Undated color elevations,prepared by MRV Architects, Inc.,dated received March 15,
2024,with such further revisions as required by the Community Development Director;
e. Final Engineering Plans Proposed Burger King Store#8149 for Cave Enterprises 299
S. Randall Rd, Elgin, IL 60123, dated March 15, 2024, with such further revisions as
required by the City Engineer; and
f. Undated sign plans, prepared by Entera, dated received March 15, 2024, with such
further revisions as required by the Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. A departure is hereby granted to construct two side-by-side, drive-through service lanes
with the minimum stacking lane width of eleven(11)feet each.
3. A departure is hereby granted to allow the installation of four (4) wall graphics on the
building in substantial conformance to the Undated sign plans, prepared by Entera, dated
received March 15, 2024, with such further revisions as required by the Community
Development Director.
4. A departure is hereby granted to allow the installation of a canopy graphic on top of a
canopy on the north side of the building.
5. A departure is hereby granted to allow the establishment of an eating place on the Subject
Property, without the requirement to provide additional parking spaces, provided a
minimum of thirty-eight(38)parking spaces are located on the Subject Property.
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Recommendation& Findings of Fact
Petition 03-24
April 1, 2024
6. A departure is hereby granted to allow the construction of a vehicle use area with the
minimum vehicle use area interior landscape yard of 1,100 square feet.
7. Compliance with all applicable codes and ordinances.
The vote of the Planning and Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department,was five(5)yes, zero(0)
no, and zero(0)abstentions. Two members were absent.
Respectfully Submitted,
s/Jay Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
- 17 -
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EXHIBIT B Zoning Map N
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Map prepared by City of Elgin 0 80 160 320 480 640
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299 S. Randall Rd.
Petition 03-24
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EXHIBIT D
SITE LOCATION
299 S. Randall Road
Petition 03-24
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EXHIBIT D
SITE LOCATION
299 S. Randall Road
Petition 03-24
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EXHIBIT D
SITE LOCATION
299 S. Randall Road
Petition 03-24
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