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HomeMy WebLinkAboutG66-08 Ordinance No. G66-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A RESTAURANT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, AND TO PERMIT A DRIVE-THROUGH FACILITY AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1337 Dundee Avenue) WHEREAS, written application has been made for a conditional use for a planned development to permit the construction of a restaurant in the ARC Arterial Road Corridor Overlay District and to permit a "Drive-Through Facility" and an "Outdoor Eating and Drinking Facility" in the NB Neighborhood Business District at 1337 Dundee Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 August 20, 2008, made by the Zoning and Subdivision Hearing Board, 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 permit the construction of a restaurant in the ARC Arterial Road Corridor Overlay District and to permit a "Drive- Through Facility" and an "Outdoor Eating and Drinking Facility" in the NB Neighborhood Business District at 1337 Dundee Avenue, and legally described as follows: Parcel One: Lot 4 (Except Part Taken in Case 71 ED 1258 by State of Illinois Described as Follows: Beginning at the Southwest Corner of Said Lot 4; Thence 18 Feet Northeasterly Along the West Line of Said Lot 4; Thence 22 Feet Southeasterly to a Point on the South Line of Said Lot 4; Thence 18 Feet Westerly to the Point of Beginning) in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. Parcel Two: Lot 5 in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. r Parcel Three: Lot 3 in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by LandVision, dated August 7, 2008. 2. Substantial Conformance to the Development Plan for Beef Villa , inclusive of the following plan sheets: a. Beef Villa Relocation; Exhibit A - Site Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue and landscaping are subject to revisions per the Community Development Group. b. Beef Villa Relocation; Preliminary Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue is subject to revisions per the Community Development Group. c. Beef Villa Relocation; Architectural Exhibit prepared by LandVision, dated August 11, 2008. d. Beef Villa Relocation; Landscape Plan, Sign Detail and Fence Detail prepared by LandVision, dated August 11, 2008. Landscaping adjacent to the access drive along Dundee Avenue is subject to revisions per the Community Development Group. 3. Designate the 6 parking spaces adjacent to the drive-through stacking lane as employee parking spaces. 4. Provide Beef Villa wall signs in accordance to the requirements of Chapter 19.50 Street Graphics. 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor r Presented: September 24, 2008 rPassed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: Diane Robertson, City Cle k 0* LGbv •U I°.g $ w �' w V':1 RPOR AZtia"'. r r August 20, 2008 r FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 41-08 Requesting a Conditional Use for a Planned Development in the NB Neighborhood Business District, to Permit the Construction of a Restaurant in the ARC Arterial Road Corridor Overlay District and to Permit a"Drive-Through Facility" and an"Outdoor Eating and Drinking Facility"in the NB Neighborhood Business District;Property Located at 1337 Dundee Avenue;by the City of Elgin and Krystal Enterprises,as Applicants,and the City of Elgin,as Owner. BACKGROUND Requested Action: Conditional Use for a Planned Development NB Neighborhood Business District ro■ Current Zoning: ARC Arterial Road Corridor Overlay District Existing Use: Vacant Lot Proposed Use: Restaurant Property Location: 1337 Dundee Avenue Applicants: City of Elgin and Krystal Enterprises Owner: City of Elgin Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) EXHIBIT Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 E. Environmental Map (see attached) F. Site Photos (see attached) G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by the City of Elgin and Krystal Enterprises requesting a conditional use for a planned development in the NB Neighborhood Business District,to permit the construction of a restaurant in the ARC Arterial Road Corridor Overlay District and to permit a"drive through facility" and an"outdoor eating and drinking facility"in the NB Neighborhood Business District. The property is located at 1337 Dundee Avenue (reference Exhibits A, B, C,D, E and F). The subject property is located in an ARC Arterial Road Corridor Overlay District. The applicants 4114) are proposing to construct a 2,825 square foot building with a drive-through service lane and window, an outdoor eating area and an accessory parking lot. This building will be used as a restaurant to be known as Beef Villa. The building and parking lot require planned development approval. The "drive-through facility" and the "outdoor eating and drinking facility" require conditional use approval in the NB Neighborhood Business District(reference Exhibits G,H,and I). GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 41-08 on August 20,2008. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated August 8, 2008. The Zoning and Subdivision Hearing Board has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography,watercourse and vegetation), and existing improvements. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 E. Environmental W ap (see attached) F. Site Photos (see attached) G. Development Pla a (see attached) H. Draft Conditiona Use Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been fled by the City of Elgin and Krystal Enterprises requesting a conditional use for a planned development in the NB Neighborhood Business District,to permit the construction of a restaurant in the AR^Arterial Road Corridor Overlay District and to permit a"drive through facility" and an"outdoor eating and drinking facility"in the NB Neighborhood Business District. The property is located a: 1 337 Dundee Avenue(reference Exhibits A, B, C,D,E and F). The subject property is h cated in an ARC Arterial Road Corridor Overlay District. The applicants are proposing to constrict a 2,825 square foot building with a drive-through service lane and window, an outdoor eating area and an accessory parking lot. This building will be used as a restaurant to be known a s Beef Villa. The building and parking lot require planned development approval, The "drive-tl hough facility" and the "outdoor eating and drinking facility" require conditional use approval in the NB Neighborhood Business District(reference Exhibits G,H,and I). GENERAL FINDINGS After due notice,as requi red by law,the Zoning and.Subdivision Hearing Board conducted a public hearing in consideration )f Petition 41-08 on August 20,2008.The applicant testified at the public hearing and presented d)cumentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated August 8, 2008. The Zoning and Subdivision Hearing Board has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district v pith respect to its size, shape, significant natural features (including topography,wate-course and vegetation), and existing improvements. -2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the site characteristics standard. The subject property is an irrregularly shaped parcel consisting of approximately 28,710 square feet of lot area. The property is a vacant lot. A metal commercial building was demolished and asphalt pavement was removed from the property in April, 2008, as part of the redevelopment of the subject property. There are no significant natural features on the property. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water,wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district 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 and conditional use for a planned development with respect to the traffic and parking standard. The subject property is located on the northeast corner of Dundee Avenue and Parkway Avenue. An access drive and exit lanes for the drive-through are proposed along Dundee Avenue and an access drive is proposed along Parkway Avenue. Dundee Avenue is an arterial street serving the east side of Elgin. Parkway Avenue is a local street serving the Trout Park Subdivision on the northeast side of the city. Parking is to be provided in conformance with the Off-Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. r - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 The subject property was zoned as follows for the years listed: 1927: Out of City 1950: D Commercial; A Residential District 1960: D Commercial; A Residential District 1961 D Commercial; A Residential District 1962: B3 Service Business District;R2 Single Family Residence 1992: B3 Service Business District;B4 General Service District Present: NB Neighborhood Business District ARC Arterial Road Corridor Overlay District The subject property is a zoning lot consisting of three separate lots of record. It was annexed into the City of Elgin in 1941. At that time,the two lots adjacent to Dundee Avenue were zoned D Commercial and the lot east of these two lots was zoned A Residential Commercial. The subject property was rezoned in 1962 as part of a comprehensive amendment to the zoning ordinance. The D Commercial portion of the subject property was rezoned to B3 Service Business District and the A Residential District portion was rezoned to R2 Single Family Residence. The southern and eastern lots were rezoned to B4 General Service District in 1971 to allow a special use for the operation of trailer sales and rental sales.The entire zoning lot was rezoned to Neighborhood Business District in 1992 as part of a comprehensive amendment to the zoning ordinance. The property has historically been occupied by various automobile sales and service centers. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The area north of the subject property is zoned NB Neighborhood Business District. The property immediately north of the property is developed with the Shell Gas Station. North of this is a vacant lot. The area located east of the subject property is zoned RC2 Residence Conservation. It is developed with single family residences that are part of the Trout Park Subdivision. The area located south of the subject property along Dundee Avenue is zoned NB Neighborhood Business District. It is developed with commercial businesses that include the Valentine Insurance business,the Roll-N-Donuts shop,the Midas Auto Service Experts shop, and the Baker Hill Pancake House restaurant. The property located southeast of the - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 The subject property was zoned as follows for the years listed: 1927: Out of City 1950: D Commercial;A Residential District 1960: D Commercial; A Residential District 1961 D Commercial; A Residential District 1962: B:; Service Business District; R2 Single Family Residence 1992: B:; Service Business District;B4 General Service District Present: N:3 Neighborhood Business District A ZC Arterial Road Corridor Overlay District The subject pros erty is a zoning lot consisting of three separate lots of record. It was annexed into the City of Elgin in 1941. At that time,the two lots adjacent to Dundee Avenue were zoned D C ammercial and the lot east of these two lots was zoned A Residential Commercial. The subject property was rezoned in 1962 as part of a comprehensive amendment to thf:zoning ordinance. The D Commercial portion of the subject property was rezoned to B3 Se]vice Business District and the A Residential District portion was rezoned to R2 Single Family Residence. The southern and eastern lots were rezoned to B4 General Service District i a 1971 to allow a special use for the operation of trailer sales and rental sales.The entire:coning lot was rezoned to Neighborhood Business District in 1992 as part of a comprehensive amendment to the zoning ordinance. The property has historically been occupied by various automobile sales and service centers. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoni ag district with respect to consistency and compatibility with surrounding land use and zone ng. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The area north o:'the subject property is zoned NB Neighborhood Business District, The property immedi<<tely north of the property is developed with the Shell Gas Station. North of this is a vacant lc t. The area located east of the subject property is zoned RC2 Residence Conservation. It is developed with single family residences that are part of the Trout Park Subdivision. The area located south of the subject property along Dundee Avenue is zoned NB Neighborhood Et isiness District. It is developed with commercial businesses that include the Valentine Ins arance business,the Roll-N-Donuts shop,the Midas Auto Service Experts shop,and the Bal:er Hill Pancake House restaurant. The property located southeast of the -4- Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 subject property is zoned RC2 Residence Conservation and is developed with single family residences that are part of the Trout Park Subdivision. The area located west of the subject property is zoned NB Area Business District. It is developed with commercial businesses and service uses. These uses include Broadway Auto business, Swanson Real Estate business, Photo Studio, and Sherwin-Williams paint retail store. The subject property is consistent and compatible with the surrounding land uses and zoning. The land use will serve as a transition between the commercial and service uses adjoining it and the residential neighborhood to the east. F. Trend of Development. The suitability of the subject property for the proposed planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use and conditional use for a proposed planned development with respect to the trend of development standard. ribk' The properties adjacent to the subject property along Dundee Avenue have developed with a mix of retail and service uses that are consistent with the proposed development on the subject property. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the NB Neighborhood Business District is to provide for commercial areas supplying daily convenience commodities and services to a neighborhood population. The scale of development of an NB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC district is a zoning overlay district,and accordingly,a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. - 5 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 The proposed drive-through restaurant meets the purpose and intent of the NB Neighborhood Business District. It will provide a daily convenience commodity and service to surrounding neighborhoods. The restaurant is a consistent and compatible land use with the land uses that surround it. The restaurant also meets development standards that are intended to promote a transition between the more intense development in the NB zoning district and the residential neighborhood adjoining the NB district. The subject property is located in an ARC Arterial Road Corridor Overlay District. The proposed building for Beef Villa will meet ARC Arterial Road Corridor Overlay District standards and Architectural Design Review guidelines. The building will consist of brick exterior walls. The walls will be accented with arches, formed and filled-in with brick of a lighter color than that used on the walls.This light colored brick will also be used to accent soldier courses on the building. A single soldier course will wrap around the base of the building and a double soldier course will wrap around the top of the building on all sides. The bricks that form the arch outline and soldier course will be slightly raised from the wall of the building to add shadow and definition to the building.The arch feature will also form the framework of the freestanding monument sign. Red metal canopies, the same color as the Beef Villa channeled letters on the building,will be placed over door and window areas to accent both the building and the signs. Wall mounted lights will also be included on the building. The parking lot will be constructed with permeable pavers. Landscaping will exceed NB District landscape requirements. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance for the purpose and intent of the planned development. 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. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. - 6 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 The proposed dri,re-through restaurant meets the purpose and intent of the NB Neighborhood Business District. It will provide a daily convenience commodity and service to surrounding neighborhoods. 1 he restaurant is a consistent and compatible land use with the land uses that surround it. The i estaurant also meets development standards that are intended to promote a transition betwee:i the more intense development in the NB zoning district and the residential neighborhood adjoining the NB district. The subject prop,rty is located in an ARC Arterial Road Corridor Overlay District. The proposed buildin; for Beef Villa will meet ARC Arterial Road Corridor Overlay District standards and Ar:hitectural Design Review guidelines. The building will consist of brick exterior walls. T he walls will be accented with arches,formed and filled-in with brick of a lighter color than that used on the walls.This light colored brick will also be used to accent soldier courses o:i the building. A single soldier course will wrap around the base of the building and a double soldier course will wrap around the top of the building on all sides. The bricks that fo rm the arch outline and soldier course will be slightly raised from the wall of the building to add shadow and definition to the building.The arch feature will also form the framework of the freestanding monument sign. Red metal canopies,the same color as the Beef Villa eh;Lnneled letters on the building,will be placed over door and window areas to accent both the:building and the signs. Wall mounted lights will also be included on the building. The pi rking lot will be constructed with permeable pavers. Landscaping will exceed NB District landscape requirements. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditicnal use for a planned development with respect to conformance for the purpose and inter tt of the planned development. 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. The purpose and intent of the prow isions for planned developments is to accommodate unique development situations. For pl inrted developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict app:ication of the other chapters of this title. 2. The publ c benefit realized by the establishment of the planned development is greater the in if the property were to remain subject to the standard requirements of the zoning di strict in which it is located. 3. Extraordi iary conditions or limitations governing site design, function, operation, and traffic;are imposed on the planned development. - 6 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 Findings:The subject property is suitable for the conditional use for a planned development and for the intended conditional uses with respect to conformance to the purpose and intent of a conditional use for a planned development standard. The proposed planned development is in conformance with the purpose and intent of the planned development and arterial road corridor provisions. Without planned development approval,the new 2,850 square foot proposed Beef Villa building and accessory parking lot could not be constructed on the subject property. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use and conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as "Existing Transportation Corridor" and Urban/Traditional Residential (2.1-8.7 d.u./net acre)by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. Areas designated Transportation Corridor connect rdesignated mixed-use centers and are candidates for higher intensity mixed-use. These [ corridors are intended to optimize public transit and to move people in a timely and efficient manner. The Urban/Traditional Residential (2.1-8.7 d.u./net acre) designation is recommended around mixed use centers and along transportation corridors. Appropriate locations offer neighborhood access to local, collector and arterial roads. Other uses in this category may include neighborhood commercial centers. The proposed development plan for the subject property is in keeping with the goals, objectives,and policies of these comprehensive plan designations. A restaurant will meet the daily service needs of residents in the immediate area as well as in surrounding neighborhoods. J. Natural Preservation. The suitability of the subject property for the 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 conditional use and proposed planned development with regard to the natural preservation standard. There are no natural features located on site worthy of preservation. K. Location,Design, and Operation. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 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 proposed planned development with regard to the internal land use standard. The proposed development will be regulated by the terms and conditions of the planned development ordinance controlling the use and development of a commercial area. No evidence has been submitted or found that the property use will create undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the NB Neighborhood Business District. The applicant is requesting the following departure from the standard requirements of the NB District: 1. Section 19.35.335(E;2;b)Vehicle Use Area Interior Setbacks. In the NB Neighborhood '*41) Business District, the vehicle use area interior setback is 6 feet. A vehicle use area interior setback of 5 feet is being proposed along the north lot line. 2. Section 19.35.335 (H; 2) Vehicle Use Area Transition Landscape Yards. In the NB Neighborhood Business District, the vehicle use area transition landscape yard is 25.5 feet. A vehicle use area transition landscape yard of 11 feet is being proposed along the east lot line. 3. Section 19.12.600 (D; 9) Obstructions in Street Yards. The outdoor dining patio along the west side of the proposed Beef Villa building is an obstruction in the street yard. It is required to be outside the 25.5 foot street building setback. The patio is proposed to be located 15 feet from the street lot line which is a 10.5 foot encroachment into the street building setback. 4. Section 19.45.120 (C) Size of Driveways; Setbacks. All drives are required to have a minimum setback of 3 feet from an interior lot line. A 0 foot setback is proposed at the northwest corner of the lot where the exit lane leads to Dundee Avenue from the drive- through lane. 5. Section 19.45.130 (E) On Site Circulation; Stacking Lanes. A drive-through stacking lane is required to provide a minimum of 10 stacking spaces. The drive-through stacking lane being proposed will include 8 stacking spaces. - 8 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrot nding property. Findings:The su)ject property is suitable for the proposed planned development with regard to the internal land use standard. The proposed de'ielopment will be regulated by the terms and conditions of the planned development ord:nance controlling the use and development of a commercial area. No evidence has bee:i submitted or found that the property use will create undue detrimental influence on itsel or surrounding property. PLANNED DEVELOP 1'IENT DEPARTURES AND EXCEPTIONS A planned development I nay be granted certain departures from the normal standards,regulations, requirements, and procec lures of the zoning ordinance. For the purposes of this section, the most similar zoning district is the NB Neighborhood Business District. The applicant is requesting the following departure from the standard requirements of the NB District: 1. Section 19.35.33.5(E;2;b)Vehicle Use Area Interior Setbacks. In the NB Neighborhood Business District the vehicle use area interior setback is 6 feet. A vehicle use area interior setback of 5 feet s being proposed along the north lot line. 2. Section 19.35.335 (H; 2) Vehicle Use Area Transition Landscape Yards. In the NB Neighborhood Bi isiness District,the vehicle use area transition landscape yard is 25.5 feet. A vehicle use are a transition landscape yard of 11 feet is being proposed along the east Iot line. 3. Section 19.12.60 D(D; 9) Obstructions in Street Yards. The outdoor dining patio along the west side of I he proposed Beef Villa building is an obstruction in the street yard. It is required to be of tside the 25.5 foot street building setback. The patio is proposed to be located 15 feet f om the street lot line which is a 10.5 foot encroachment into the street building setback. 4. Section 19.45.120 (C) Size of Driveways; Setbacks. All drives are required to have a minimum setbac'c of 3 feet from an interior lot line. A 0 foot setback is proposed at the northwest corner of the lot where the exit lane leads to Dundee Avenue from the drive- through lane. 5. Section 19.45.130 (E) On Site Circulation; Stacking Lanes. A drive-through stacking lane is required t)provide a minimum of 10 stacking spaces. The drive-through stacking lane being proposed will include 8 stacking spaces. - 8 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following unresolved issues and alternatives: A. Summary of Findings. Positive Attributes. The proposed drive-through restaurant meets the purpose and intent of the NB Neighborhood Business District and the Comprehensive Plan. It will provide a daily convenience commodity and service to surrounding neighborhoods and to the entire community living on the east side of Elgin. The restaurant is a consistent and compatible land use with the land uses that surround it. The restaurant also meets development standards that are intended to promote a transition between the more intense development in the NB zoning district and the residential neighborhood adjoining the NB district. The subject property is located in an ARC Arterial Road Corridor Overlay District. The proposed building will meet ARC Arterial Road Corridor Overlay District standards and Architectural Design Review guidelines. The building will consist of brick exterior walls. The walls will be accented with arches,formed and filled-in with brick of a lighter color than that used on the walls.This light colored brick will also be used to accent soldier courses on the building. A single soldier course will wrap around the base of the building and a double soldier course will wrap around the top of the building on all sides.The bricks that form the arch outline and soldier course will be slightly raised from the wall of the building to add shadow and definition to the building. The arch feature will also form the framework of the freestanding monument sign. Red metal canopies, the same color as the Beef Villa channeled letters on the building,will be placed over door and window areas to accent both the building and the signs. Wall mounted lights will also be included on the building. The parking lot will be constructed with permeable pavers. Landscaping will exceed NB District landscape requirements. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. (.14. - 9 - Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 41-08. On a motion to recommend approval of the conditional use for a planned development, subject to the following conditions, the vote was seven(7) yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by LandVision, dated August 7, 2008. 2. Substantial Conformance to the Development Plan for Beef Villa, inclusive of the following plan sheets: a. Beef Villa Relocation; Exhibit A- Site Plan prepared by LandVision, dated August 11,2008. The access drive along Dundee Avenue and landscaping are subject to revisions per the Community Development Group. b. Beef Villa Relocation; Preliminary Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue is subject to revisions per the Community Development Group. c. Beef Villa Relocation;Architectural Exhibit prepared by LandVision,dated August 11, 2008. d. Beef Villa Relocation; Landscape Plan, Sign Detail and Fence Detail prepared by LandVision,dated August 11,2008.Landscaping adjacent to the access drive along Dundee Avenue is subject to revisions per the Community Development Group. 3. Designate the 6 parking spaces adjacent to the drive-through stacking lane as employee parking spaces. 4. Provide Beef Villa wall signs in accordance to the requirements of Chapter 19.50 Street Graphics. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. I - 10 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 DECISION The Zoning and Subdivision Hearing Board recommends the approval of Petition 41-08. On a motion to recommend approval of the conditional use for a planned development, subject to the following conditions, the vote was seven (7)yes and zero (0)no: 1. Substantil 1 conformance to the Statement of Purpose and Conformance prepared by LandVision, dated August 7, 2008. 2. Substanti;1 Conformance to the Development Plan for Beef Villa, inclusive of the following plan sheets: a. Be ef Villa Relocation; Exhibit A-Site Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue and landscaping an subject to revisions per the Community Development Group. b. Be ef Villa Relocation; Preliminary Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue is subject to re visions per the Community Development Group. c. Be of Villa Relocation;Architectural Exhibit prepared by LandVision,dated elk Ai;gust 11, 2008. d. Beef Villa Relocation; Landscape Plan, Sign Detail and Fence Detail pr;pared by LandVision,dated August 11,2008.Landscaping adjacent to the ac;ess drive along Dundee Avenue is subject to revisions per the Community D(welopment Group. 3. Designate the 6 parking spaces adjacent to the drive-through stacking lane as employee parking spaces. 4. Provide E eef Villa wall signs in accordance to the requirements of Chapter 19.50 Street Grp phics. 5. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. r - 10- Findings of Fact Zoning and Subdivision Hearing Board Petition 41-08 August 20, 2008 Respectfully Submitted, s/Robert Langlois Robert Langlois, Chairman Zoning and Subdivision Hearing Board s/Lydia Treganza Lydia Treganza, Secretary Zoning and Subdivision Hearing Board ruk.' - 11 -