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HomeMy WebLinkAboutG42-19 AN ORDINANCE Ordinance No. G42-19 GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT TO PERMIT AN EATING PLACE WITH CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE (1175 North McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval for a planned development to construct a new commercial building for an eating place(restaurant) with a drive-through service at 1175 North McLean Boulevard; and WHEREAS, the zoning lot containing the premises at 1175 North McLean Boulevard is legally described herein(the "Subject Property"); and WHEREAS,the Subject Property is located within the AB Area Business District and ARC Arterial Road Corridor Overlay District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on July 1, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the AB Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 1, 2019, 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 allow the construction of a new commercial building for an eating place (restaurant) with a drive-through service with certain departures from the requirements of the zoning ordinance, is hereby granted for the property commonly known as 1175 North McLean Boulevard, and commonly identified by Kane County Property Index Number 06-03-377-004, and legally described as follows: Lot 2 of Tyler Creek Plaza Resubdivision No. 1, Recorded August 14, 2006 as Document 2006K088789, being a resubdivision of Lot 2 of Tyler Creek Plaza III Subdivision in Fractional Section 3, Township 41 North, Range 8East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois (commonly known as 1175 North McLean Boulevard). 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 McLean Blvd Crossing LLC, as applicant, and Z Investments LLC,as property owner, received May 17, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, received May 17, 2019; b. ALTA/NSPS Land Title Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyor, dated October 17, 2016; c. Topographic Survey, prepared by ARC Design Resources Inc., dated March 26, 2019; d. Floor Service Plan Sheet FS-1, prepared by 011mann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; e. Street Views Sheets Al and A2, prepared by 011mann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; f. Site Electrical Plan, Sheet SE 101,prepared by 011mann Ernest Martin Architects, dated June 27, 2019, with such further revisions as required by the Community Development Director; g. Site Fixture Details, Sheet SE 102,prepared by 011mann Ernest Martin Architects, dated June 19, 2019, with such further revisions as required by the Community Development Director; h. Final Engineering Improvement Plans for Culver's Elgin 1175 N McLean Blvd, Elgin, IL 60123, prepared by ARC Design Resources Inc., dated June 21, 2019, with such further revisions as required by the City Engineer; and i. Culver's Sign Package Proposal, prepared by Springfield Sign, dated April 15, 2019, last revised June 19, 2019, with such further revisions as required by the Community Development Director. 2 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 permit the minimum transition setback of 32.7 feet. 3. A departure is hereby granted to permit the minimum vehicle use area interior yard setback of 4.7 feet. 4. A departure is hereby granted to permit the minimum transition landscape yard of 4.7 feet. 5. A departure is hereby granted to permit a total of 69 parking spaces for the proposed eating place (restaurant) use. 6. A departure is hereby granted to allow a total of three wall graphics. 7. A departure is hereby granted to allow a total of three directional graphics. 8. 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. 11 David J. Kapt J.•, M,-or Presented: August 14, 2019 Passed: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 14, 2019 � Published: August 16, 2019 ,Rcft,M •ikig 4, , 1� Attest: . � _ 4: ,. i} res., ?.,. (X4 4/4A14. 61/1A Kimberly DewisWity Clerk t x 3 FINDINGS OF FACT PETITION 22-19 1175 N. McLean Boulevard EXHIBIT A July 1, 2019 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 22-19, an application by McLean Blvd Crossing LLC, as applicant, and Z Investments LLC, as property owner, requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code for the required transitional yard building setback, transitional landscape yard, vehicle use area interior yard setback, maximum number of wall graphics, maximum number of directional graphics, and other departures as may be necessary or desirable to construct a new restaurant building with a drive-through service and the accessory parking lot at the property commonly referred to as 1175 North McLean Boulevard. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. GENERAL INFORMATION Petition Number: 22-19 Property Location: 1175 N. McLean Boulevard Requested Action: Conditional Use for a Planned Development for an eating place (restaurant) Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay District Proposed Zoning: No change. AB Area Business District and ARC Arterial Road Corridor Overlay District Existing Use: Vacant, undeveloped Proposed Use: Easting place(restaurant) Applicant: McLean Blvd Crossing LLC Owner Z Investments LLC Recommendation & Findings of Fact Petition 22-19 July 1, 2019 Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Location E. Development Application and Attachments F. Draft Ordinance BACKGROUND McLean Blvd Crossing LLC, as applicant, and Z Investments LLC, as property owner, are requesting approval of a planned development as a conditional use with departures from the Elgin Municipal Code for the required transitional yard building setback, transitional landscape yard, vehicle use area interior yard setback, maximum number of wall graphics, maximum number of directional graphics, and other departures as may be necessary or desirable to construct a new restaurant building with a drive-through service and the accessory parking lot at the property commonly referred to as 1175 North McLean Boulevard. The property is zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The 1.9-acre property, located on the east side of N. McLean Boulevard between Pop's Pantry convenience store to the north and McDonald's restaurant to the south is currently vacant and has never been developed. The property is adjacent to another 6.3-acre vacant property, zoned PMFR Planned Multiple Family Residence District, adjacent to the east, which was approved for 36 townhomes in 2006, but was never developed. A BP gas station with a convenience store and Casey Automotive, a motor vehicle repair shop, are located directly across the street to the west. - 2 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 OCR The applicant is proposing to construct a new Culver's restaurant with a drive-through r * service window. The 4,384-square foot one- .�., story building would be located on the • ® - northern portion of the property generally in- F .;,� } line with Pop's Pantry building. The parking lot would be located on south side of the — - -. building where the main entrance is located u."7 " r - '' ' ' 1 T. t t with a stormwater detention further to the Y ,® south along the south property line adjacent I ` to McDonald's restaurant. The drive-through - ® service window would be located on the north side of the building. The drive-through ® _' mlane would allow for stackingof 13 vehicles ® � � before the pick-up window (which exceeds .r 1 L m the requirement for ten stacking spaces), and r ' . . four stacking spaces after the pick-up a "' '� window for customers who need to pull up i , 1 ' and wait for their order. �' 11 The proposed building would feature stone .t ' masonry exterior with cement board siding, IS. EIFS, and blue awnings characteristic of the ® Culver's brand. The restaurant would have an outdoor seating patio enclosed with a 42- inch high black aluminum fence with Figure 1.Proposed Landscape Plan masonry columns to match the masonry of the building. The development would include extensive landscaping throughout the site. A six-foot high white pvc solid fence would be installed along the east property line to provide adequate screening and separate the property from the residentially zoned vacant property adjacent to the east. The access to the site would be provided via two existing driveways to N. McLean Boulevard,one serving Pop's Pantry to the north and the second serving the McDonald's restaurant to the south. The applicant would connect its parking lot to the existing parking lots for Pop's Pantry and McDonald's for seamless connections between the three properties. A new walkway would provide a connection from the building to the existing public sidewalk along N. McLean Boulevard. The 4,384-square foot restaurant is required to provide a total of 73 parking spaces based on the requirement for one parking space per 60 square feet of floor area. The proposed parking lot includes a total of 69 parking spaces, four of which, located on the north side of the building, are - 3 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 designated for mobile-order pick-up. As such, the proposal requires approval of a departure from the parking requirement. The applicant is requesting approval of a conditional use as a planned development to allow for several departures from the zoning ordinance requirements. The required departures are listed in Table 1 below. Table 1. Detail of Departures for Culver's Restaurant Site Design Requirement Proposal Standard Transitional Yard 53 feet 32.7 feet Building Setback Vehicle Use Area Interior Yard 26 feet 4.7 feet Setback Transition Landscape 26 feet 4.7 feet Yard Parking 73 69 No. of Wall Graphics 2 3 No. of Directional 2 3 Graphics The Community Development Department offers the following additional information: A. Property History.The subject property was annexed to the city in 1966. Upon annexation, the property was zoned R5 General Residence District. By 1992, the property was rezoned to B3 Service Business District. In 1992, the property was classified within the AB Area Business District as part of a comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The property is vacant and has never been developed. B. Surrounding Land Use and Zoning. The properties to the north, south and west across N. McLean Boulevard are all zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The property to the north is improved with a one-story convenience store Pop's Pantry. The property to the south is improved with a McDonald's restaurant with a drive-through service. The properties to the east are improved with a BP gas station with a convenience store and Casey Automotive, a motor vehicle repair shop. The property adjacent to the west is zoned PMFR Planned Multiple Family Residence District established by Ordinance No.G3-06, which approved a residential subdivision for -4 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 36 townhome units. The townhome development however was never constructed, and the property remains vacant and undeveloped. 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 and intent of the AB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population. AB zoning districts are limited by the applicable site design regulations to an intermediate scale of development relative to NB neighborhood business districts and the CC 1 Center City District. E. Trend of Development. The subject property is located on the northwest side of the city near the commercial node and intersection of N. McLean Boulevard and Big Timber Road. The properties near this intersection have historically been developed with commercial auto-oriented uses such as motor vehicle service stations and repair shops, fast food restaurants, stand-alone banks, and a retail shopping strip center. The current businesses in the area include McDonald's, Burger King, Taco Bell, and Jester's Fast Food restaurants, Chase bank, and Speedway service station, among others. Staff anticipates the properties along N. McLean Boulevard near the intersection with Big Timber Road will continue to be occupied and developed with commercial uses serving the residents and employees from the surrounding areas. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 22-19 on July 1, 2019. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings & Recommendation to the Planning & Zoning Commission dated July 1, 2019. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for planned developments outlined in § 19.60.040, and standards for conditional uses outlined within § 19.65.030: - 5 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 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 1.9-acre property is currently vacant with limited vegetation. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed development. The applicant would construct a new stormwater detention facility along the south property line and extensive landscaping throughout the site. 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. All public utilities, including municipal water, sanitary sewer, and stormwater systems are located within N. McLean Boulevard right-of-way. The applicant plans to connect to the municipal water main in N. McLean Boulevard, but would connect to municipal sanitary sewer and stormwater systems in Todd Farm Drive to the north by extending the utilities in rear of Pop's Pantry building within an existing utility easement. All existing public utility infrastructure has adequate capacity to accommodate the proposed use and development. C. Traffic and Parking Standard. The suitability of the subject property for the planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 1. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the "arterial street"[SR]system. 2. The number of locations for vehicular access to or from a public right of way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right of way should be aligned directly opposite existing or approved locations across - 6 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 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 access to the site would be provided via two existing driveways to N. McLean Boulevard, one serving Pop's Pantry to the north and the second serving the McDonald's restaurant to the south. The applicant would connect its parking lot to the existing parking lots in front of Pop's Pantry and McDonald's restaurant for seamless connections between the three properties. A new walkway would provide a connection from the building to the existing public sidewalk along N. McLean Boulevard. The proposed use will not have any negative effect on the existing off-site traffic circulation. The 4,384-square foot restaurant is required to provide a total of 73 parking spaces based on the requirement for one parking space per 60 square feet of floor area. The proposed parking lot includes a total of 69 parking spaces, four of which are located on the north side of the building and are designated for mobile-order pick-up. As such, the proposal requires approval of a departure from the parking requirement. Based on the operations of other Culver's restaurants, the applicant anticipates approximately 30%-50%of restaurant business to come through the drive-through service. In addition, a typical Culver's restaurant, most of which have almost exactly the same building area and layout,has 60-65 parking spaces which meets the needs of the restaurant. With 69 parking spaces on site, the facility will meet its parking demand and will not have any negative effect on the surrounding properties. D. Zoning History Standard. The suitability of the subject property for the planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The property is suitable for the intended planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed to the city in 1966. Upon annexation, the property was zoned R5 General Residence District. By 1992, the property was rezoned to B3 Service Business District. In 1992, the property was classified within the AB Area Business District as part of a comprehensive amendment to the zoning ordinance. In 2001, the property became part of the ARC Arterial Road Corridor Overlay District. The property is vacant and has never been developed. 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. - 7 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 Findings. The property is suitable for the intended planned development with respect to consistency and compatibility with surrounding land uses and zoning. The properties to the north,south and west across N. McLean Boulevard are all zoned AB Area Business District and ARC Arterial Road Corridor Overlay District. The property to the north is improved with a one-story convenience store Pop's Pantry. The property to the south is improved with a McDonald's restaurant with a drive-through service. The properties to the west are improved with a BP gas station with a convenience store and Casey Automotive, a motor vehicle repair shop. The property adjacent to the east is zoned PMFR Planned Multiple Family Residence District established by Ordinance No. G3-06, which approved a residential subdivision for 36 townhome units. The townhome development however was never constructed, and the property remains vacant and undeveloped. 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 on the northwest side of the city near the commercial node and intersection of N. McLean Boulevard and Big Timber Road. The properties near this intersection have historically been developed with commercial auto-oriented uses such as motor vehicle service stations and repair shops, fast food restaurants, stand-alone banks, and a retail shopping strip center. The current businesses in the area include McDonald's, Burger King, Taco Bell, and Jester's Fast Food restaurants, Chase bank, and Speedway service station, among others. Staff anticipates the properties along N. McLean Boulevard near the intersection with Big Timber Road will continue to be occupied and developed with commercial uses serving the residents and employees from the surrounding areas. G. Planned Development District Standard: The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. This standard is not applicable. The applicant is not seeking approval of a planned development district as a map amendment. H. Comprehensive Plan Standard. The suitability of the subject property for the planned development with respect to conformance to the goals, objectives, and policies of the Official Comprehensive Plan - 8 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 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 site design requirements of the zoning ordinance. The 1.9- 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 realize a desirable development on the long-vacant property that would otherwise not be possible. The proposal would establish a fast-casual restaurant similar to other fast-food restaurants with drive-through service in the area. The new restaurant would provide another option for the area residents and employees and would further contribute to the revitalization of the area. The proposed project represents a desirable new construction that would have a positive effect on the surrounding properties. J. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. The 1.9-acre property is currently vacant with limited vegetation. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed development. The applicant would construct a new stormwater detention facility along the south property line, and extensive landscaping throughout the site. - 9 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding properties. The proposed development is similar to other existing fast-food restaurants in the area, such as McDonald's, Burger King, Taco Bell, and Popeyes. The development would share the existing access driveways to N. McLean Boulevard with Pop's Pantry to the north and McDonald's restaurant to the south. The new parking lot for Culver's would seamlessly connect to the adjacent parking lots of Pop's Pantry and McDonald's. A new six-foot high white,solid,PVC fence would separate the property from the adjacent vacant, but residentially-zoned property to the east. Extensive landscaping would enhance the look of the property which would have a positive effect on area in general. The proposed restaurant, with hours of operation 10:00 AM-10:00 PM, seven days a week, will operate with no negative impact on the surrounding properties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS The applicant is requesting the following departures from the requirements of the zoning ordinance: 1. Section 19.35.435, "Site Design". The minimum required transitional yard building setback along the northeast property line adjacent to the residentially-zoned property is 53 feet. The applicant is proposing a 32.7-foot transitional yard building setback from the northeast lot line. 2. Section 19.35.435, "Site Design". The minimum required vehicle use area interior yard setback from the east lot line is 26 feet. The applicant is proposing a vehicle use area interior yard setback of 4.7 feet from the east lot line. 3. Section 19.35.535, "Site Design". The minimum required transition landscape yard along the east property line is 26 feet. The applicant is proposing a transition landscape yard of 4.7 feet along the east property line. 4. Section 19.45.080 "Table of Required Parking". The proposed 4,384-sqaure foot restaurant is required to provide a total of 73 parking spaces. The applicant is proposing a total of 69 parking spaces. - 10 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 5. Section 19.50.080, "Wall and Integral Roof Graphics". The maximum permitted number of wall graphics is two. The applicant is proposing a total of three wall graphics. 6. Section 19.35.535,"Site Design".The maximum permitted number of directional graphics is two. The applicant is proposing three directional graphics. Staff finds the proposed departures are appropriate to achieve a desirable development on a long- vacant property.The proposed building is situated to have a similar street setback from N.McLean Boulevard as the adjacent Pop's Pantry building to the north. The site layout is designed to accommodate the drive through lane around the building, and to provide a logical parking lot connection to the adjacent properties to the north and south where the shared access driveways to N. McLean Boulevard are located. The property is adjacent to a residentially-zoned property to the east, and as such must comply with larger than typical transitional building setback, vehicle use area setback, and transitional landscape yard. However, the residentially-zoned property is currently vacant. Still, the applicant is proposing a six-foot high solid fence and extensive landscaping along the east and northeast property lines to provide adequate screening from any future residential development on the adjacent property. The applicant is proposing to provide a total of 69 of 73 parking spaces required. Per the applicant, who owns multiple Culver's restaurants, a typical Culver's restaurant similar to the one proposed features 60-65 parking spaces which meets the parking needs of the restaurant. In addition, 30%- 50%of the restaurant business is expected to come from the drive-through service. With sufficient stacking spaces proposed (13 stacking spaces before and four stacking spaces after the pick-up window, where minimum ten stacking spaces are required by Code) and with 69 parking spaces, the proposed restaurant will meet its parking demand without any negative effect on the surrounding properties or roadways. The proposed departures from the sign ordinance requirements are typical and customary for contemporary fast-food restaurants that rely on adequate visibility on heavily traveled corridors and adequate directional graphics to guide the traffic around the site. The City recently approved a similar departure for three wall graphics for the Popeyes restaurant in front of the Meijer store. Similarly, of the three proposed directional graphics, one directional graphic is located at each of the two access driveways from N. McLean Boulevard, as is permitted by code, while the third proposed directional graphic is internal to the site to direct the traffic to the drive-through lane. The proposed development is similar to other fast-food restaurants in the area and will have a positive effect on the continued revitalization of the commercial area near the intersection of Big Timber Road and N. McLean Boulevard. - 11 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 STANDARDS FOR CONDITIONAL USE A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The 1.9-acre property is currently vacant with limited vegetation. No existing site features including topography, watercourses, vegetation, and property improvements exist that would have a negative impact on the proposed development. The applicant would construct a new stormwater detention facility along the south property line, and extensive landscaping throughout the site. 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. All public utilities, including municipal water, sanitary sewer, and stormwater systems are located within N. McLean Boulevard right-of-way. The applicant plans to connect to the municipal water main in N. McLean Boulevard, but would connect to municipal sanitary sewer and stormwater systems in Todd Farm Drive to the north by extending the utilities in rear of Pop's Pantry building within an existing utility easement. All existing public utility infrastructure has adequate capacity to accommodate the proposed use and development. 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 access to the site would be provided via two existing driveways to N. McLean Boulevard, one serving Pop's Pantry to the north and the second serving the McDonald's restaurant to the south. The applicant would connect its parking lot to the existing parking lots in front of Pop's Pantry and McDonald's restaurant for seamless connections between the three properties. A new walkway would provide a connection from the building to the existing public sidewalk along N. McLean Boulevard. The proposed use will not have any negative effect on the existing off-site traffic circulation. - 12 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 The 4,384-square foot restaurant is required to provide a total of 73 parking spaces based on the requirement for one parking space per 60 square feet of floor area. The proposed parking lot includes a total of 69 parking spaces, four of which are located on the north side of the building and are designated for mobile-order pick-up. As such, the proposal requires approval of a departure from the parking requirement. Based on the operations of other Culver's restaurants, the applicant anticipates approximately 30%-50%of restaurant business to come through the drive-through service. In addition, a typical Culver's restaurant, most of which have almost exactly the same building area and layout,has 60-65 parking spaces which meet the needs of the restaurant. With 69 parking spaces on site, the facility will meet its parking demand and will not have any negative effect on the surrounding properties. 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 proposed restaurant is similar to other fast-food restaurants near the intersection of Big Timber Road and N. McLean Boulevard. The proposed site layout would seamlessly connect to the adjacent properties and would share the existing access driveways to N. McLean Boulevard with Pop's Pantry to the north and McDonald's restaurant to the south. The proposed building would feature stone masonry exterior with cement board siding which meets the design guidelines for commercial properties. Extensive landscaping and a six-foot high solid fence along the east property line would provide adequate screening from the residentially-zoned property to the east. The hours of operation would be similar to other restaurants it the area. No evidence has been submitted or found that the proposed use will exercise any detrimental impact on 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. - 13 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 22-19, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by McLean Blvd Crossing LLC, as applicant, and Z Investments LLC, as property owner,received May 17, 2019, and supporting documents including: a. Undated Statement of Purpose and Conformance, received May 17, 2019; b. ALTA/NSPS Land Title Survey, prepared by Alan J. Coulson, P.C. Professional Land Surveyor, dated October 17, 2016; c. Topographic Survey, prepared by ARC Design Resources Inc., dated March 26, 2019; d. Floor Service Plan Sheet FS-1, prepared by 011mann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; e. Street Views Sheets Al and A2, prepared by 011mann Ernest Martin Architects, dated June 6, 2019, with such further revisions as required by the Community Development Director; f. Site Electrical Plan, Sheet SE 101, prepared by 011mann Ernest Martin Architects, dated June 27, 2019, with such further revisions as required by the Community Development Director; g. Site Fixture Details, Sheet SE 102, prepared by 011mann Ernest Martin Architects, dated June 19, 2019, with such further revisions as required by the Community Development Director; h. Final Engineering Improvement Plans for Culver's Elgin 1175 N McLean Blvd, Elgin, IL 60123, prepared by ARC Design Resources Inc., dated June 21, 2019, with such further revisions as required by the City Engineer; and i. Culver's Sign Package Proposal, prepared by Springfield Sign, dated April 15, 2019, last revised June 19, 2019, 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 permit the minimum transition setback of 32.7 feet. 3. A departure is hereby granted to permit the minimum vehicle use area interior yard setback of 4.7 feet. 4. A departure is hereby granted to permit the minimum transition landscape yard of 4.7 feet. - 14 - Recommendation & Findings of Fact Petition 22-19 July 1, 2019 5. A departure is hereby granted to permit a total of 69 parking spaces for the proposed eating place(restaurant)use. 6. A departure is hereby granted to allow a total of three wall graphics. 7. A departure is hereby granted to allow a total of three directional graphics. 8. Compliance with all applicable codes and ordinances. The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department,was five(5)yes,zero(0)no, and zero (0) abstentions. Two members were absent. Respectfully Submitted, s/Jay Cox Jay Cox, Chairman Planning& Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission - 15 - ,.., , J ; \ - ,...i j . ., ! ... , ,. iii, Century Oaks Dr -- --..--: ' tall 111 1 1 M 111111 Pr ill I 111111111M I i . ; . . I . 000 •. , Q. ' IR IN ....._ ... , .... 4,.!..-: Q I. .. �. '. o 1110 r Subject Property 11 - Petition 22-19 lempil ' •mar mar mi�� �� r r - VII Todd Farm Dr am 41% ''' ,, - f 1 ., • NMillI lil 141.4 jri a < 1 a ; E 114. : 1 t NIL_ MI r' ... • OM 1 siti 0... •—.-- ''. ' 1 L_ lig 1 ' ...----- .... 1 MP . i`-`� Bron Dr I, • J:, ; Y EXHIBITA Aerial/Location Map M1 w+r ti Map prepared by City of Elgin 0 50 100 200 300 400 Department of Community Development Feet 13 it IRC1 N' _ --Sheffield Dr�� ° III O311111 1 a: 111110iiit Century_Oaks'Dr il111, \\ Ill 76 11k air-FRAilkii-Esz _ RC1 1111 M-tit ol a-- -' Subject Property MFR ° _ lain Petition 22-19 ° NMI EM II Cambridge Dr M , Todd FarmDr - (03 PMFR LegendI RC1 Residence Conservation 1 ORC2 Residence Conservation 2 Milk 1=IRC3 Residence Conservation 3 PRC QPRC Planned Residence Conservation rr�� I=ISFR1 Single Family Residence 1 CA= Q PSFR1 Planned Single Family Residence 1 O SFR2 Single Family Residence 2 OPSFR2 Planned Single Family Residence 2 Q TRF Two Family Residence Byron Dr OPTRF Planned Two Family Residence OMFR Multiple Family Residence Q PMFR Planned Multiple Family Residence QRB Residence Business QPRB Planned Residential Business , MINB Neighborhood Business '4 -PNB Planned Neighborhood Business C 'O - AB Area Business u -PAB Planned Area Business m -CC1 Center City 1 IIIII CC2 Center City 2 Big Timber Rd -PCC Planned Center City -ORI Office Research Industrial Timber Dr -PORI Planned Office Research Industrial -GI General Industrial N IPGI Planned General Industrial PGI 11.1 (21 CI Commercial Industrial SIM alift....1111: -CF Community Facility T 1111 PCF Planned Community Facility K EXHIBITS Zoning Map N w+e Map prepared by City of Elgin 0 80 160 320 480 640 Department of Community Development Feet Todd Farm Dr Subject Property 1175 N. McLean Blvd. Petition 22-19 CuCD 03 a 0603377004 EXHIBIT C N Parcel Map City of Elgin 0 15 30 60 90 120 Department of Community Development Feet EXHIBIT D SITE LOCATION 1175 N. McLean Blvd. Petition 22-19 • 4. •IIVIESE _ 14"111111:1611a: _miesita, . ‘ #SUBJECT . , PROPERTY - - .i.. ,-.. .1, \ l •Yl j*.___ti,„ - I \ \ .... -. '... i:4;1. V,1 • _ fi • y* _ 1 • Bird's eye view looking north _ ._ •� , ��•� • I r. - .'k. `lino.`V, A - . • ....."-" T -WI .! - - Ilif_ALWie , .„41‹, .fir ` 41 . _ `.� w ; -i jggllhirKi Bird' s eye view looking south EXHIBIT D SITE LOCATION 1175 N. McLean Blvd. Petition 22-19 r _r ‘: w, i-. • .4 Google Street photo looking northeast ":444.,,iviii,t, •41‘f 1 . PP'- . w Google 411 .2 Street photo looking southeast This page has intentionally been left blank.