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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 w e3 y � » ¥ w � ■/ Attest: ! b11461‘i . ����/�� /} ®\2 = %. imb 6y Dew!% Ci e k ~ 4 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 ,.ate .1 .7,,t ' W.y. 'KA' il 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 - r-` ie qto. (Ito -.Rt°, vt� '., • /jj/o�, it 4 C it T. , 1 10 16 , Atil , ' .., ' _1•1_,..E1 1 1. li'.i;Ili ;:jr.": 1 1 1 l-' :1'. "5.° 1:;;I:: It.%r,. .i I ,-mt. 1 . .111":12."'":- in"- _ i f G : ,. !a i s J'.tr r r et..At 1 ..:.,. •E'• liP 1 `i :f,J, , •r 4. . ,... +4.:1....„:sg...-go E ----,7;45,11:1 i: 70e:"-PIO''---- 0 . . el 5 il _ J nrtn_}nxR .fir 20 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 Kiwa II I MQAWM IMMIX. Ili Ili 1VE�t{t4VATgM .5'F.[VAIIpM • mommwmok • .. .111 ,. )QVIM 61VA110M 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 -8 - 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. -9- 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. - 10- 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 - 11 - 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% - 12 - 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, - 13 - 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 - 14- 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. - 15 - 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. - 16- 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 - , ., �` �' px lam. -«. 3 ; • VE r t .1 r1s. v C o�. . k t , L- 1 1 I .TY t to �. .. J.. x'1Y K• Subject Property _. _ Petition 03-24 1.,, - :a E , . .7' -''' - '-'.1:14'34..1 , fR..rf, t • 'r s 1 .. I pi 9 ✓ - �r o S _ a _ ealr';, a , `P so \ A Ca t ! 4 "as ,.p, South St. ', .�. — • , ,, 0 -,..a tfli A i ...,........, ,.. .... inr ... al n G e•i al 4! f � V ° rkei ir. '' : i/P P' :., ^�. . IMO' l'': # ,.: ' ., lark fa.. .,.,,, '• tz EXHIBIT Aerial/Location Map N 0.'±I Map prepared by City of Elgin 0 so 120 240 360 48Feet Department of Community Development rt CF �() rSFR2 PAB Fil co CD Erie St If _ . ___ Subject Property Petition 03-24 PRCJ AB • 3 03 ni Legend • MFR ' I GIS.DBO.ParcelsKane_V3 �, 110 . Z QRC1 Residence Conservation 1 - QRC2 Residence Conservation 2 _ - ORC3 Residence Conservation 3 moor SOUth'St C rQPRC Planned Residence Conservation IF 0 :0 J O SFR1 Single Family Residence 1 0 0 OPSFR1 Planned Single Family Residence 1 ; 0, 0 O SFR2 Single Family Residence 2 0. ...I O Q PSFR2 Planned Single Family Residence 2 ', .A O 0 --- a;. illpu O TRF Two Family Residence Z :..4. Q PTRF Planned Two Family Residence j RA PMFR Gaffe L" Q MFR Multiple Family Residence I QPMFR Planned Multiple Family Residence RC1 ORB Residence Business QPRB Planned Residential Business Q NB Neighborhood Business AIIIH OPNB Planned Neighborhood Business 0'"'- -' lall AB Area Business -PAB Planned Area Business r, 1.1 -CC1 Center City 1 PG- FF -CC2 Center City 2 -PCC Planned Center City Q ORI Office Research Industrial Cli • OPORI Planned Office Research Industrial - GI General Industrial ' • -PGI Planned General Industrial -CI Commercial Industrial -CF Community Facility -* -PCF Planned Community Facility EXHIBIT B Zoning Map N W-Are-E S Map prepared by City of Elgin 0 80 160 320 480 640 Department of Community Development Feet Subject Property 299 S. Randall Rd. Petition 03-24 a 1;1 k rts C J ca a 0621101037ea cr South St / it Cs C EXHBIITC Parcel Map N A City of Elgin o 15 30 60 90 120 Department of Community Development Feet EXHIBIT D SITE LOCATION 299 S. Randall Road Petition 03-24 ayc aye °�. );- Ubject I'forierty [ 24;2T f . 4, y °$#' ,,,..1,A.,,iz-„,-.141, ,,e, ,,. , •••• :1,413ipiti i4 v f _ _ r ,? ! Y r~x .ryryry}}} o7 Ztv � •�( '4 t _ .>� yW 1 N .r. .,A„. .'/ Mt C L� , y 'F Ir , 1.. -7- 4. r , So th Street •", / q w Bird's eye view looking north i; j i Sub ect Property ei 1 15 1 1 4 0,..:41efer,04.0,,Az,, 1 1 ake Ctgssug i � � . , 1 ' .... ..,-' —.. ,=„4,-,$. c +.., ...::, ,r , ...... J Ii - ' /11) to. t �6 ,. f.„,41,if . i • J • 4011110 South Randall Road r (CR 34) "—' rnm .mMr-- ya:4-. .,,,r,., ..,,.,, Bird's eye view looking east EXHIBIT D SITE LOCATION 299 S. Randall Road Petition 03-24 r < ... - P`• i 'f 7"..:4%- F. 4y fir; .. V7.i ®fir " ! f - N..'` . , s - .K __ .per 4i 3. 'rJ"a.. r s...wc - e ;. . • View of the property from Randall Road *or ii _ ____.. ,. , ,, �TfW'� t 'Y s , • -p is _i View of the property from South Street EXHIBIT D SITE LOCATION 299 S. Randall Road Petition 03-24 , . , , -,..., .„,_-, .,,,,,,,,,, ie_'.";:'#1.0 —,:. ,,.,7".../ iLl 2,_, " 4 • / r x yyy P A is . . _,,,, I ' .• iiii.......iiirt _4, for,:. , 1 .,.. ...___ . 4, _..._..,.. -... .7. , .ala ,. -.... ----go Pi..'e: -1,z . . 1 \ It ** - ‘i — *j fil i t , •i i ,1 1 ' i 1". . s y mow...,.., .. ,. "'1 View of the property from Randall Lake Crossing �� . '\`'- o _ !� �� ' ji 1 _ a- View of the property from Randall Lake Crossing